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Articles 1 - 27 of 27
Full-Text Articles in Law
Free Speech, Strict Scrutiny And A Better Way To Handle Speech Restrictions, Aaron Pinsoneault
Free Speech, Strict Scrutiny And A Better Way To Handle Speech Restrictions, Aaron Pinsoneault
William & Mary Bill of Rights Journal
When it comes to unprotected speech categories, the Roberts Court has taken an amoral and inaccurate approach. When the Court first created unprotected speech categories-- defined categories of speech that are not protected by the First Amendment-- it was unclear what rendered a category of speech unprotected. One school of thought argued that speech was unprotected if it provided little or no value to society. The other school of thought argued that speech was unprotected if it fell into a certain category of speech that was simply categorically unprotected. Then, in 2010, the Court strongly sided with the latter approach, …
Dissent, Disagreement And Doctrinal Disarray: Free Expression And The Roberts Court In 2020, Clay Calvert
Dissent, Disagreement And Doctrinal Disarray: Free Expression And The Roberts Court In 2020, Clay Calvert
William & Mary Bill of Rights Journal
Using the United States Supreme Court’s 2019 rulings in Manhattan Community Access Corp. v. Halleck, Nieves v. Bartlett, and Iancu v. Brunetti as analytical springboards, this Article explores multiple fractures among the Justices affecting the First Amendment freedoms of speech and press. All three cases involved dissents, with two cases each spawning five opinions. The clefts compound problems witnessed in 2018 with a pair of five-to-four decisions in National Institute of Family and Life Advocates v. Becerra and Janus v. American Federation of State, County, and Municipal Employees. Partisan divides, the Article argues, are only one problem with First Amendment …
Racial Justice Protests & Protestor Rights (July 15, 2020), Timothy Zick, Mikaela Phillips
Racial Justice Protests & Protestor Rights (July 15, 2020), Timothy Zick, Mikaela Phillips
Racial Justice & Social Reform Speaker Series
No abstract provided.
Criminalization Of Cyberbullying: The Constitutionality Of Creatingan Online Neverland For Children Under A Tinker-Bell Analysis, Randall Morgan Briggs
Criminalization Of Cyberbullying: The Constitutionality Of Creatingan Online Neverland For Children Under A Tinker-Bell Analysis, Randall Morgan Briggs
Louisiana Law Review
The article focuses on criminal cyberbullying statute of Louisiana and significance of the fundamental right of free speech in the U.S. and exceptions to First Amendment protections recognized by the U.S. Supreme Court and changes to constitutional protection for children.
Of Speech And Sanctions: Toward A Penalty-Sensitive Approach To The First Amendment, Michael Coenen
Of Speech And Sanctions: Toward A Penalty-Sensitive Approach To The First Amendment, Michael Coenen
Journal Articles
Courts confronting First Amendment claims do not often scrutinize the severity of a speaker’s punishment. Embracing a “penalty-neutral” understanding of the free-speech right, these courts tend to treat an individual’s expression as either protected, in which case the government may not punish it at all, or unprotected, in which case the government may punish it to a very great degree. There is, however, a small but important body of “penalty-sensitive” case law that runs counter to the penalty-neutral norm. Within this case law, the severity of a speaker’s punishment affects the merits of her First Amendment claim, thus giving rise …
Renewing The Chase: The First Amendment, Campaign Advertisements, And The Goal Of An Informed Citizenry, John Stewart Fleming
Renewing The Chase: The First Amendment, Campaign Advertisements, And The Goal Of An Informed Citizenry, John Stewart Fleming
Indiana Law Journal
No abstract provided.
Trix Are Not Just For Kids: The Supreme Court's Clumsy Handling Of The Public-Private Distinction And Its Legislative Impact On Breakfast And Beyond, David Gerardi
Hofstra Law Review
No abstract provided.
What Went Wrong On The World Wide Web: The Crossroads Of Emerging Internet Technologies And Attorney Advertising In Louisiana, Graham H. Ryan
What Went Wrong On The World Wide Web: The Crossroads Of Emerging Internet Technologies And Attorney Advertising In Louisiana, Graham H. Ryan
Louisiana Law Review
No abstract provided.
Justice Samuel A. Alito's Lonely War Against Abhorrent, Low-Value, Clay Calvert
Justice Samuel A. Alito's Lonely War Against Abhorrent, Low-Value, Clay Calvert
Hofstra Law Review
No abstract provided.
Measuring A Degree Of Deference Institutional Academic Freedom In A Post-Grutter World, Erica Goldberg, Kelly Sarabyn
Measuring A Degree Of Deference Institutional Academic Freedom In A Post-Grutter World, Erica Goldberg, Kelly Sarabyn
Santa Clara Law Review
No abstract provided.
Nearly Toothless: Why The Speech Act Is Mostly Bark, With Little Bite, Elizabeth J. Elias
Nearly Toothless: Why The Speech Act Is Mostly Bark, With Little Bite, Elizabeth J. Elias
Hofstra Law Review
No abstract provided.
Kiddie Porn In The Gallery: Defending The Artist's Corpus Or Invading The Corporal Integrity Of The Subject, Jessica N. White
Kiddie Porn In The Gallery: Defending The Artist's Corpus Or Invading The Corporal Integrity Of The Subject, Jessica N. White
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
The Fcc's New Theory Of The First Amendment, Hannibal Travis
The Fcc's New Theory Of The First Amendment, Hannibal Travis
Santa Clara Law Review
No abstract provided.
"If You Are Reading This, You Are Engaged And Aware": Serving The Diversity Of Interests In Blogs Written By Service Members, Peter Colwell
"If You Are Reading This, You Are Engaged And Aware": Serving The Diversity Of Interests In Blogs Written By Service Members, Peter Colwell
William Mitchell Law Review
No abstract provided.
The First Amendment In Chaos: How The Law Of Secondary Effects Is Applied And Misapplied By The Circuit Courts, Daniel R. Aaronson, Gary S. Edinger, James S. Benjamin
The First Amendment In Chaos: How The Law Of Secondary Effects Is Applied And Misapplied By The Circuit Courts, Daniel R. Aaronson, Gary S. Edinger, James S. Benjamin
University of Miami Law Review
No abstract provided.
Inartful Drafting Does Not Necessarily A Void, As Opposed To A Vague, Statute Make--Even Under The First Amendment, Samuel A. Terilli
Inartful Drafting Does Not Necessarily A Void, As Opposed To A Vague, Statute Make--Even Under The First Amendment, Samuel A. Terilli
University of Miami Law Review
No abstract provided.
Will Teachers Shed Their First Amendment Rights At The Schoolhouse Gate?, Jonel Newman
Will Teachers Shed Their First Amendment Rights At The Schoolhouse Gate?, Jonel Newman
University of Miami Law Review
No abstract provided.
Pico Takes A Visit To Cuba: Will Pretext Become Precedent In The Eleventh Circuit?, Joelle C. Achtman
Pico Takes A Visit To Cuba: Will Pretext Become Precedent In The Eleventh Circuit?, Joelle C. Achtman
University of Miami Law Review
No abstract provided.
Self Help, The Media And The First Amendment, David Kohler
Self Help, The Media And The First Amendment, David Kohler
Hofstra Law Review
No abstract provided.
Heckler's Veto Case Law As A Resource For Democratic Discourse, Cheryl A. Leanza
Heckler's Veto Case Law As A Resource For Democratic Discourse, Cheryl A. Leanza
Hofstra Law Review
No abstract provided.
Of Blogs, Ebooks, And Broadband: Access To Digital Media As A First Amendment Right, Hannibal Travis
Of Blogs, Ebooks, And Broadband: Access To Digital Media As A First Amendment Right, Hannibal Travis
Hofstra Law Review
In an information society, wealth and power are increasingly linked to access to knowledge and control over telecommunications media. Struggles over access to digital media in particular are presenting uniquely contentious First Amendment problems. The creation of about 200 million blogs worldwide has triggered legal action and legislative reform aimed at alleged trademark infringement by bloggers and cybersquatters. Authors and publishers seek expanded rights to curtail unauthorized digital uses for which they are not being compensated, and have sued Google for digitizing and indexing tens of millions of the world's books and periodicals. Finally, Google, Yahoo!, Microsoft, and other Internet …
A Tale Of Two Curfews (And One City): What Do Two Washington, D.C. Juvenile Curfews Say About The Constitutional Interpretations Of District Of Columbia Courts And The Confusion Over Juvenile Curfews Everywhere, Adam W. Poff
Villanova Law Review
No abstract provided.
Should The United States Have A Cultural Policy, John Frohnmayer
Should The United States Have A Cultural Policy, John Frohnmayer
Villanova Law Review
No abstract provided.
The Congress, The Courts And Computer Based Communications Networks: Answering Questions About Access And Content Control - Introduction, Henry H. Perritt Jr.
The Congress, The Courts And Computer Based Communications Networks: Answering Questions About Access And Content Control - Introduction, Henry H. Perritt Jr.
Villanova Law Review
No abstract provided.
Essay: The First Amendment Right Of Access To Clients And Counsel: Hrc V. Baker, Siobhan Helene Shea, Richard Daniel Tannenbaum
Essay: The First Amendment Right Of Access To Clients And Counsel: Hrc V. Baker, Siobhan Helene Shea, Richard Daniel Tannenbaum
University of Miami Inter-American Law Review
No abstract provided.
Effective Democracy And Formal Rights: Retaliatory Removals Of Union Officials Under The Lmrda, George Feldman
Effective Democracy And Formal Rights: Retaliatory Removals Of Union Officials Under The Lmrda, George Feldman
Hofstra Labor & Employment Law Journal
No abstract provided.
The First Amendment In Conflict: Advertising Access To State University Student Newspapers, Daniel J. Coyle
The First Amendment In Conflict: Advertising Access To State University Student Newspapers, Daniel J. Coyle
Santa Clara Law Review
No abstract provided.