Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- American (2)
- Justice (2)
- Race (2)
- Riot (2)
- Adjunct (1)
-
- African American (1)
- Amendments (1)
- And the Law; Terrorism; Crimes Against the State; Information Privacy; Employment Practice and the Law; Labor Law (1)
- Anti-racist (1)
- Bivens (1)
- Books (1)
- Brandenburg v. Ohio (1)
- Cases (1)
- Change (1)
- Civil (1)
- Clinician (1)
- Communications Law; Criminal Law and Procedure; First Amendment; Politics (General); Science (1)
- Consciousness (1)
- Conspiracy (1)
- Constitution (1)
- Copyfraud (1)
- Copyright (1)
- Course (1)
- Courts (1)
- Creative (1)
- Criminal (1)
- Curriculum (1)
- Defendants (1)
- Demonstration (1)
- Dialogue (1)
Articles 1 - 6 of 6
Full-Text Articles in Criminal Law
January 6, Ambiguously Inciting Speech, And The Overt-Acts Rule, Alan Z. Rozenshtein, Jed Handelsman Shugerman
January 6, Ambiguously Inciting Speech, And The Overt-Acts Rule, Alan Z. Rozenshtein, Jed Handelsman Shugerman
Faculty Scholarship
A prosecution of Donald Trump for his role in the January 6 attack on the Capitol would have to address whether the First Amendment protects the inflammatory remarks he made at the “Stop the Steal” rally. A prosecution based solely on the content of Trump’s speech—whether for incitement, insurrection, or obstruction—would face serious constitutional difficulties under Brandenburg v. Ohio’s dual requirements of intent and likely imminence. But a prosecution need not rely solely on the content of Trump’s speech. It can also look to Trump’s actions: his order to the remove the magnetometers from the entrances to the rally and …
Freedom From Speech, Mary Anne Franks
Freedom From Speech, Mary Anne Franks
Articles
The importance of freedom of speech in a democratic society is usually taken as a given, but freedom from speech is no less important in safeguarding the values of truth, autonomy, and democracy. Freedom from speech includes both the right of the individual to not be forced to speak and the freedom to avoid the speech of others. This essay attempts to highlight the significance of freedom from speech in order to clarify the importance of the First Amendment right against compelled speech; provide an explanation for when the right of free speech yields to other rights; and offer a …
Law School News: Welcome, Professor Bernard Freamon 04-20-2022, Michael M. Bowden
Law School News: Welcome, Professor Bernard Freamon 04-20-2022, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Hip Hop And The Law : Presented By Intellectual Property Law Association 03/31/2022, Roger Williams University School Of Law
Hip Hop And The Law : Presented By Intellectual Property Law Association 03/31/2022, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Seditious Conspiracy Charge Against Oath Keepers Founder And Others In Jan. 6 Riot Faces First Amendment Hurdle, Timothy Zick
Seditious Conspiracy Charge Against Oath Keepers Founder And Others In Jan. 6 Riot Faces First Amendment Hurdle, Timothy Zick
Popular Media
No abstract provided.
Who Can Protect Black Protest?, Brandon Hasbrouck
Who Can Protect Black Protest?, Brandon Hasbrouck
Scholarly Articles
Police violence both as the cause of and response to the racial justice protests following George Floyd’s murder called fresh attention to the need for legal remedies to hold police officers accountable. In addition to the well-publicized issue of qualified immunity, the differential regimes for asserting civil rights claims against state and federal agents for constitutional rights violations create a further barrier to relief. Courts have only recognized damages as a remedy for such abuses in limited contexts against federal employees under the Bivens framework. The history of Black protest movements reveals the violent responses police have to such challenges …