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Full-Text Articles in Law
Huppert, Reilly, And The Increasing Futility Of Relying On The First Amendment To Protect Employee Speech, John Q. Mulligan
Huppert, Reilly, And The Increasing Futility Of Relying On The First Amendment To Protect Employee Speech, John Q. Mulligan
William & Mary Bill of Rights Journal
No abstract provided.
Hate Speech And Harassment: The Constitutionality Of Campus Codes That Prohibit Racial Insults, Alan E. Brownstein
Hate Speech And Harassment: The Constitutionality Of Campus Codes That Prohibit Racial Insults, Alan E. Brownstein
William & Mary Bill of Rights Journal
No abstract provided.
The Inherent Structure Of Free Speech Law, Joshua P. Davis, Joshua D. Rosenberg
The Inherent Structure Of Free Speech Law, Joshua P. Davis, Joshua D. Rosenberg
William & Mary Bill of Rights Journal
To date no one has discovered a set of organizing principles for free speech doctrine, an area of the law that has been criticized as complex, ad hoc, and even incoherent. We provide a framework that distills free speech law down to three judgments: the first about the role of government; the second about the target of government regulation; and the third a constrained cost-benefit analysis. The framework can be summarized by three propositions: first, the Constitution constrains government if it regulates private speech, but not if government speaks, sponsors speech or restricts expression in managing an internal governmental function; …
Government Identity Speech And Religion: Establishment Clause Limits After Summum, Mary Jean Dolan
Government Identity Speech And Religion: Establishment Clause Limits After Summum, Mary Jean Dolan
William & Mary Bill of Rights Journal
This Article offers in-depth analysis of the opinions in Pleasant Grove v. Summum. Summum is a significant case because it expands “government speech” to cover broad, thematic government identity messages in the form of donated monuments, including the much-litigated Fraternal Order of Eagles-donated Ten Commandments. The Article explores the fine distinctions between the new “government speech doctrine”— a defense in Free Speech Clause cases that allows government to express its own viewpoint and to reject alternative views—and “government speech” analyzed under the Establishment Clause, which prohibits government from expressing a viewpoint on religion, and from favoring some religions over others. …