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Articles 1 - 8 of 8
Full-Text Articles in First Amendment
Brandenburg And The United States' War On Incitement Abroad: Defending A Double Standard, Lyrissa Barnett Lidsky
Brandenburg And The United States' War On Incitement Abroad: Defending A Double Standard, Lyrissa Barnett Lidsky
Lyrissa Barnett Lidsky
While it is perfectly legitimate for the United States to attempt to persuade foreign citizens and media not to engage in advocacy of violent acts, the administration's rhetoric suggests that the United States expects foreign governments to take action against speech that would be protected by the First Amendment in the United States. What explains this apparent hypocrisy? Is this simply another example of the United States touting democracy at home while supporting despotism abroad? Or is the Brandenburg incitement standard so socially and culturally contingent that it is not appropriate for export, at least to the Arab Middle East? …
City Court, City Of Rochester, People V. Barton, Kerri Grzymala
City Court, City Of Rochester, People V. Barton, Kerri Grzymala
Touro Law Review
No abstract provided.
Criminal Court, New York County, People V. James, Nicole Compas
Criminal Court, New York County, People V. James, Nicole Compas
Touro Law Review
No abstract provided.
Appellate Division, First Department, For The People Theatres Of New York, Inc. V. City Of New York, Daphne Vlcek
Appellate Division, First Department, For The People Theatres Of New York, Inc. V. City Of New York, Daphne Vlcek
Touro Law Review
No abstract provided.
Institutional Autonomy And Constitutional Structure, Randy J. Kozel
Institutional Autonomy And Constitutional Structure, Randy J. Kozel
Randy J Kozel
This Review makes two claims. The first is that Paul Horwitz’s excellent book, "First Amendment Institutions," depicts the institutionalist movement in robust and provocative form. The second is that it would be a mistake to assume from its immersion in First Amendment jurisprudence (not to mention its title) that the book's implications are limited to the First Amendment. Professor Horwitz presents First Amendment institutionalism as a wide-ranging theory of constitutional structure whose focus is as much on constraining the authority of political government as it is on facilitating expression. These are the terms on which the book's argument — and, …
College Student Speech - What You Can't Say Can't Say Off-Campus On Your Computer And Why, Brett J. Geschke
College Student Speech - What You Can't Say Can't Say Off-Campus On Your Computer And Why, Brett J. Geschke
Brett J Geschke
Student Speech – What you Can’t Say Off-Campus on Your Computer and Why
Brett J. Geschke | Spring 2014
Organization of the Article
Introductory Argument and Thesis ● 1
Overview of the First Amendment – School Speech ● 6
First Amendment School Speech Analysis in the Digital Age ● 16
Recent Federal Cases Applying Tinker and Finding Punishment Constitutional ● 20
Recent Federal Cases Applying Tinker and Finding Punishment Unconstitutional ● 29
An Alternative Framework: A Recent State Supreme Court Case On This Issue ● 37
The Difference Between High School and College Student Speech ● 41
Analyzing On-Point Law …
Nonprofits, Speech, And Unconstitutional Conditions, Lloyd Hitoshi Mayer
Nonprofits, Speech, And Unconstitutional Conditions, Lloyd Hitoshi Mayer
Lloyd Hitoshi Mayer
This Article proposes a new constitutional framework for approaching the issue of speech-related conditions on government funding accepted by nonprofits and demonstrates its application by reviewing the Court’s landmark decisions in this area. It argues that speech rights are generally inalienable as against the government under the First Amendment, and therefore any abridgement of such rights by the government—whether direct or indirect—is subject to strict scrutiny. As a result, the government is not permitted to buy an organization’s speech absent a compelling governmental interest in doing so and then only if the purchase is done in a manner that is …
Institutional Autonomy And Constitutional Structure, Randy J. Kozel
Institutional Autonomy And Constitutional Structure, Randy J. Kozel
Journal Articles
This Review makes two claims. The first is that Paul Horwitz’s excellent book, "First Amendment Institutions," depicts the institutionalist movement in robust and provocative form. The second is that it would be a mistake to assume from its immersion in First Amendment jurisprudence (not to mention its title) that the book's implications are limited to the First Amendment. Professor Horwitz presents First Amendment institutionalism as a wide-ranging theory of constitutional structure whose focus is as much on constraining the authority of political government as it is on facilitating expression. These are the terms on which the book's argument — and, …