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Articles 1 - 30 of 203
Full-Text Articles in First Amendment
Religion And Race: The Ministerial Exception Reexamined, Ian Bartrum
Religion And Race: The Ministerial Exception Reexamined, Ian Bartrum
NULR Online
No abstract provided.
Religious Freedom, Church–State Separation, And The Ministerial Exception, Thomas C. Berg, Kimberlee Wood Colby, Carl H. Esbeck, Richard W. Garnett
Religious Freedom, Church–State Separation, And The Ministerial Exception, Thomas C. Berg, Kimberlee Wood Colby, Carl H. Esbeck, Richard W. Garnett
NULR Online
No abstract provided.
Civil Procedure And The Establishment Clause: Exploring The Ministerial Exception, Subject-Matter Jurisdiction, And The Freedom Of The Church, Gregory A. Kalscheur
Civil Procedure And The Establishment Clause: Exploring The Ministerial Exception, Subject-Matter Jurisdiction, And The Freedom Of The Church, Gregory A. Kalscheur
Gregory A. Kalscheur, S.J.
What sort of defense is provided by the ministerial exception to employment discrimination claims? The ministerial exception bars civil courts from reviewing the decisions of religious organizations regarding the employment of their ministerial employees. While the exception itself is widely recognized by courts, there is confusion with respect to the proper characterization of the defense provided by the exception: should it be seen as a subject matter jurisdiction defense, or as a challenge to the legal sufficiency of the plaintiff's claim? This Article argues that articulating the right answer to this question of civil procedure is crucial to a proper …
Brief Of The Intellectual Property Amicus Brief Clinic Of The University Of New Hampshire School Of Law As Amicus Curiae In Support Of Neither Party, Susan M. Richey, John M. Greabe, Keith M. Harrison, J. Jeffrey Hawley
Brief Of The Intellectual Property Amicus Brief Clinic Of The University Of New Hampshire School Of Law As Amicus Curiae In Support Of Neither Party, Susan M. Richey, John M. Greabe, Keith M. Harrison, J. Jeffrey Hawley
Law Faculty Scholarship
Amicus brief filed by the Intellectual Property Amicus Brief Clinic of the University of New Hampshire School of Law with the United States Court Of Appeals For The Ninth Circuit regarding United States v. Xavier Alvarez, Docket No. 11-210
Keep The Poking To Yourself, Mrs. Robinson: The Missouri Facebook Statute And Its Implications For Teacher Free Speech Under The First Amendment, Alex Lehrer
Student Works
No abstract provided.
When Does F*** Not Mean F***?: Fcc V. Fox Television Stations And A Call For Protecting Emotive Speech, W. Wat Hopkins
When Does F*** Not Mean F***?: Fcc V. Fox Television Stations And A Call For Protecting Emotive Speech, W. Wat Hopkins
Federal Communications Law Journal
The Supreme Court of the United States does not always deal cogently with nontraditional language. The most recent example is FCC v. Fox Television Stations, in which the Justices became sidetracked into attempting to define the f-word and then to determine whether, when used as a fleeting expletive rather than repeatedly, the word is indecent for broadcast purposes. The Court would do well to avoid definitions and heed Justice John Marshall Harlan's advice in Cohen v. California to provide protection for the emotive, as well as the cognitive, element of speech
Public Corruption Concerns And Counter-Majoritarian Democracy Definition In Citizens United V. Federal Election Commission, Daaron Kimmel
Public Corruption Concerns And Counter-Majoritarian Democracy Definition In Citizens United V. Federal Election Commission, Daaron Kimmel
Chicago-Kent Law Review
In determining the shape of the free speech rights and anti-corruption concerns that courts must balance in campaign finance cases, judges are influenced by their own underlying understandings of what an ideal democracy should look like. For judges to decide whether the government is appropriately regulating the political process, the rules that allow all citizens to interact with and shape their democracy, judges must first decide what that democracy ought to look like. This affords judges a great deal of discretion in campaign finance cases. Citizens United v. Federal Election Commission is a particularly bold judicial attempt to reshape the …
The "Strong Medicine" Of The Overbreadth Doctrine: When Statutory Exceptions Are No More Than A Placebo, Christopher A. Pierce
The "Strong Medicine" Of The Overbreadth Doctrine: When Statutory Exceptions Are No More Than A Placebo, Christopher A. Pierce
Federal Communications Law Journal
In United States v. Stevens, the United States Supreme Court invalidated a federal statute criminalizing the interstate sale and distribution of depictions of animal cruelty on First Amendment grounds. While Stevens demonstrates the Court's reluctance to create a new category of speech outside of First Amendment protection, Stevens also stands for the proposition that borrowing the exceptions clause from the Court's obscenity standard will not adequately protect a statute from invalidation as overbroad. This Note discusses the use of the obscenity standard's exceptions clause in nonobscenity statutes and the Court's treatment of the exceptions clause in Stevens. This Note concludes …
False Valor: Amending The Stolen Valor Act To Conform With The First Amendment's Fraudulent Speech Exception, Jeffery C. Barnum
False Valor: Amending The Stolen Valor Act To Conform With The First Amendment's Fraudulent Speech Exception, Jeffery C. Barnum
Washington Law Review
The Stolen Valor Act (SVA or “the Act”) was enacted to protect against “fraudulent claims” of receipt of military honors or decorations. It does so by criminalizing false verbal or written claims regarding such awards. However, the Act failed to include all of the elements of an anti-fraud measure required by the First Amendment. Most critically, the SVA fails to require actual reliance on the part of the defrauded. Although fraud is generally not protected by the First Amendment, courts cannot construe the SVA as an anti-fraud measure if the statute does not require actual reliance. Therefore, the SVA as …
An Alternative Approach To Evaluating Attorney Speech Critical Of The Judiciary: A Balancing Of Court, Attorney, And Public Interests, Benjamin Beezy
An Alternative Approach To Evaluating Attorney Speech Critical Of The Judiciary: A Balancing Of Court, Attorney, And Public Interests, Benjamin Beezy
UC Irvine Law Review
No abstract provided.
A Cure For Laryngitis: A First Amendment Challenge To The Nlra's Ban On Secondary Picketing, Joseph L. Guza
A Cure For Laryngitis: A First Amendment Challenge To The Nlra's Ban On Secondary Picketing, Joseph L. Guza
Buffalo Law Review
No abstract provided.
The New Resident Evil? State Regulation Of Violent Video Games And The First Amendment, James Dunkelberger
The New Resident Evil? State Regulation Of Violent Video Games And The First Amendment, James Dunkelberger
BYU Law Review
No abstract provided.
Humanitarian Law Project And The Supreme Court's Construction Of Terrorism, Wadie E. Said
Humanitarian Law Project And The Supreme Court's Construction Of Terrorism, Wadie E. Said
BYU Law Review
No abstract provided.
Campus Citizenship And Associational Freedom: An Aristolelian Take On The Nondiscrimination Puzzle, Chapin Cimino
Campus Citizenship And Associational Freedom: An Aristolelian Take On The Nondiscrimination Puzzle, Chapin Cimino
William & Mary Bill of Rights Journal
Student expressive association on campus is a thorny thicket. Student affinity groups often choose to organize around a shared principle or characteristic of the groups’ members, which, by definition, makes those students different in some way from their peers. In order to preserve the group’s sense of uniqueness, these groups often then wish to control their own membership and voting policies. They feel, in essence, entitled to discriminate—a right arguably embodied by the First Amendment freedom of expressive association. When campus groups actually exercise this right, however, they run into university antidiscrimination policies, which can cost them official campus recognition. …
All A Twitter: Social Networking, College Athletes, And The First Amendment, Davis Walsh
All A Twitter: Social Networking, College Athletes, And The First Amendment, Davis Walsh
William & Mary Bill of Rights Journal
No abstract provided.
Social Networks & Political Uprisings, Nima Astyani
Social Networks & Political Uprisings, Nima Astyani
Student Works
No abstract provided.
“Reasoning-Lite” In The Violent Video Game Case, Alan Garfield
“Reasoning-Lite” In The Violent Video Game Case, Alan Garfield
Alan E Garfield
One might have expected that the Supreme Court’s recent decision in the violent video game case, Brown v. Entertainment Merchants Ass’n, would have been a thoughtful balancing of society’s competing interests in protecting freedom of speech and protecting children from harm. After all, the Supreme Court had held decades earlier that the government could deny minors access to soft-porn, or what the Court called “girlie magazines.” So one could have assumed the Court would seriously consider California’s claim that minors also needed sheltering from the grittier world of violent video game rapes, beheadings, and ethnic cleansings. Yet, as Justice Scalia’s …
Holmes And Dissent, Allen P. Mendenhall
Holmes And Dissent, Allen P. Mendenhall
Allen Mendenhall
Holmes saw the dissent as a mechanism to advance and preserve arguments and as a pageant for wordplay. Dissents, for Holmes, occupied an interstitial space between law and non-law. The thought and theory of pragmatism allowed him to recreate the dissent as a stage for performative text, a place where signs and syntax could mimic the environment of the particular time and place and in so doing become, or strive to become, law. Holmes’s dissents were sites of aesthetic adaptation. The language of his dissents was acrobatic. It acted and reacted and called attention to itself. The more provocative and …
Technologies Of Control And The Future Of The First Amendment, Christopher S. Yoo
Technologies Of Control And The Future Of The First Amendment, Christopher S. Yoo
William & Mary Law Review
No abstract provided.
Collateral Censorship And The Limits Of Intermediary Immunity, Felix T. Wu
Collateral Censorship And The Limits Of Intermediary Immunity, Felix T. Wu
Articles
The law often limits the liability of an intermediary for the speech it carries. And rightly so, because imposing liability on intermediaries can induce them to filter out questionable content and this “collateral censorship” risks suppressing much lawful, even highly beneficial, speech. The “collateral censorship” rationale has its limits, though, and correspondingly, so should the applicability of intermediary immunity. The worry with collateral censorship is not just that intermediaries censor, but that they censor more than an original speaker would in the face of potential liability. Increased censorship, in turn, is the product of applying liability targeted at original speakers …
Censoring The Internet, Timothy Zick
First Amendment Based Copyright Misuse, David S. Olson
First Amendment Based Copyright Misuse, David S. Olson
David S. Olson
We are at a crossroads with respect to the underdeveloped equitable defense of copyright misuse. The defense may go the way of its sibling, antitrust-based patent misuse, which seems to be in a state of inevitable decline. Or—if judges accept the proposal of this Article—courts could reinvigorate the copyright misuse defense to better protect First Amendment speech that is guaranteed by statute, but that is often chilled by copyright holders misusing their copyrights to control others’ speech. The Copyright Act serves First Amendment interests by encouraging authors to create works. But copyright law can also discourage the creation of new …
First Amendment Interests And Copyright Accomodations, David S. Olson
First Amendment Interests And Copyright Accomodations, David S. Olson
David S. Olson
Copyright law exists to encourage the creation of works of authorship by granting exclusive rights. But copyright’s incentive function seems in tension with the public’s First Amendment interests to use and freely hear copyrighted speech. Conventional wisdom holds, however, that copyright law serves to encourage much more speech than it discourages, and resolves First Amendment concerns with protections internal to copyright law like the fair use defense and the idea/expression dichotomy. This Article argues that the conventional wisdom no longer holds given the unprecedented expansion of copyright’s scope and corresponding drastic diminution of the public domain in the last three …
First Amendment Freedom Of Speech And Religion - October 2009 Term, Burt Neuborne, Michael C. Dorf
First Amendment Freedom Of Speech And Religion - October 2009 Term, Burt Neuborne, Michael C. Dorf
Touro Law Review
No abstract provided.
The Occupation — Place, Balance, And Proximity, Timothy Zick
The Occupation — Place, Balance, And Proximity, Timothy Zick
Popular Media
No abstract provided.
The Power Of Place, Timothy Zick
Stolen Valor Act Discussion, Timothy Zick
Public Protest 1.0, Timothy Zick
Taxes, Free Expression, And Adult Entertainment, Steve R. Johnson
Taxes, Free Expression, And Adult Entertainment, Steve R. Johnson
Scholarly Publications
The interaction of morality and money produces interesting results. One manifestation is legislation in some states and proposals in others to impose higher taxes on “gentlemen’s show lounges” (OK, I mean strip clubs) and other venues of adult entertainment.
In 2010 and 2011 two state supreme courts passed on the legality of different forms of those taxes, upholding them against challenges that they infringed on free speech/free expression rights protected by the First Amendment of the U.S. Constitution. This installment of the column considers those two decisions: the February 2010 Utah decision in Bushco v. Utah State Tax Commi …
Trans-Border Exclusion And Execution, Timothy Zick
Trans-Border Exclusion And Execution, Timothy Zick
Popular Media
No abstract provided.