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Full-Text Articles in Law

Government Speech 2.0, Helen Norton, Danielle Keats Citron Jan 2010

Government Speech 2.0, Helen Norton, Danielle Keats Citron

Articles

New expressive technologies continue to transform the ways in which members of the public speak to one another. Not surprisingly, emerging technologies have changed the ways in which government speaks as well. Despite substantial shifts in how the government and other parties actually communicate, however, the Supreme Court to date has developed its government speech doctrine--which recognizes "government speech" as a defense to First Amendment challenges by plaintiffs who claim that the government has impermissibly excluded their expression based on viewpoint--only in the context of disputes involving fairly traditional forms of expression. In none of these decisions, moreover, has the ...


Regulating Cyberharassment: Some Thoughts On Sexual Harassment 2.0, Helen Norton Jan 2010

Regulating Cyberharassment: Some Thoughts On Sexual Harassment 2.0, Helen Norton

Articles

No abstract provided.


Citizens United And The Corporate Form, Reuven S. Avi-Yonah Jan 2010

Citizens United And The Corporate Form, Reuven S. Avi-Yonah

Articles

In Citizens United vs. FEC, the Supreme Court struck down a Federal statute banning direct corporate expenditures on political campaigns. The decision has been widely criticized and praised as a matter of First Amendment law. But it is also interesting as another step in the evolution of our legal views of the corporation. This Article argues that by viewing Citizens Unitedthrough the prism of theories about the corporate form, it is possible to see that the majority and the dissent departed from previous Supreme Court jurisprudence on the First Amendment rights of corporations. It is also possible to then predict ...


Propaganda For War And Transparency, Richard B. Collins Jan 2010

Propaganda For War And Transparency, Richard B. Collins

Articles

No abstract provided.


Shining A Light On Democracy's Dark Lagoon, Helen Norton Jan 2010

Shining A Light On Democracy's Dark Lagoon, Helen Norton

Articles

Written for a symposium examining the Fourth Circuit’s jurisprudential tradition, this short essay explores the Fourth Circuit’s approach to the emerging government speech doctrine, under which the government’s own speech is exempt from free speech clause scrutiny. In developing this doctrine, the Supreme Court has been too quick to defer to public entities’ assertion that contested speech is their own; indeed, it has yet to deny the government’s claim to expression in the face of a competing private claim – at significant cost to the public’s ability to hold government politically accountable for its expressive choices ...


Ceremonial Deism And The Reasonable Religious Outsider, Caroline Mala Corbin Jan 2010

Ceremonial Deism And The Reasonable Religious Outsider, Caroline Mala Corbin

Articles

State invocations of God are common in the United States; indeed, the national motto is "In God We Trust." Yet the Establishment Clause forbids the state from favoring some religions over others. Nonetheless, courts have found the national motto and other examples of what is termed ceremonial deism constitutional on the ground that the practices are longstanding, have de minimis and nonsectarian religious content, and achieve a secular goal. Therefore, they conclude, a reasonable person would not think that the state was endorsing religion.

But would all reasonable people reach this conclusion? This Article examines the "reasonable person" at the ...


Response: The Continuing Relevance Of The Establishment Clause: A Reply To Professor Richard C. Schragger, Caroline Mala Corbin Jan 2010

Response: The Continuing Relevance Of The Establishment Clause: A Reply To Professor Richard C. Schragger, Caroline Mala Corbin

Articles

No abstract provided.