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Articles 1 - 29 of 29
Full-Text Articles in Legal History
The Antidote Of Free Speech: Censorship During The Pandemic, Christopher Keleher
The Antidote Of Free Speech: Censorship During The Pandemic, Christopher Keleher
Catholic University Law Review
Free speech in America stands at a precipice. The nation must decide if the First Amendment protects controversial, unconventional, and unpopular speech, or only that which is mainstream, fashionable, and government-approved. This debate is one of many legal battles brought to the fore during Covid-19. But the fallout of the free speech question will transcend Covid-19.
During the pandemic, the federal government took unprecedented steps to pressure private entities to push messages it approved and squelch those it did not. The Supreme Court will soon grapple with the issue of censorship during the pandemic. This article examines this litigation, along …
The Red Pill: Critical Race Theory, Ostrich Law, And The 14th Amendment Right To Free And Equal Thought And Dignity, Kindaka J. Sanders
The Red Pill: Critical Race Theory, Ostrich Law, And The 14th Amendment Right To Free And Equal Thought And Dignity, Kindaka J. Sanders
St. Mary's Law Journal
No abstract provided.
Executive Discretion And First Amendment Constraints On The Deportation State, Jennifer Lee Koh
Executive Discretion And First Amendment Constraints On The Deportation State, Jennifer Lee Koh
Georgia Law Review
Given the federal courts’ reluctance to provide clarity on the degree to which the First Amendment safeguards the free speech and association rights of immigrants, the immigration policy agenda of the President now appears to determine whether noncitizens engaging in speech, activism, and advocacy are protected from retaliation by federal immigration authorities. This Essay examines two themes: first, the discretion exercised by the Executive Branch in the immigration context; and second, the courts’ ambivalence when it comes to enforcing immigrants’ rights to be free from retaliation. To do so, this Essay explores the Supreme Court’s influential 1999 decision in Reno …
Keynote Address, Justin Hansford
Keynote Address, Justin Hansford
Seattle University Law Review
Keynote Address by Justin Hansford
Remarks On My Mentor, Robert Cover, Hon. Guido Calabresi
Remarks On My Mentor, Robert Cover, Hon. Guido Calabresi
Touro Law Review
No abstract provided.
"Inciting A Riot": Silent Sentinels, Group Protests, And Prisoners' Petition And Associational Rights, Nicole B. Godfrey
"Inciting A Riot": Silent Sentinels, Group Protests, And Prisoners' Petition And Associational Rights, Nicole B. Godfrey
Seattle University Law Review
This Article argues for increased legal protections for prisoners who choose to engage in group protest to shed light on the conditions of their incarceration. A companion piece to a similar article that focused on prisoner free speech rights, this Article uses the acts of protest utilized by the Silent Sentinels to examine why prisoners’ rights to petition and association should be strengthened. By strengthening these rights, the Article argues that we will advance the values enshrined by the First Amendment’s Petition Clause while simultaneously advancing the rights of the incarcerated millions with little to no political power.
The Article …
Platforms And The Fall Of The Fourth Estate: Looking Beyond The First Amendment To Protect Watchdog Journalism, Erin C. Carroll
Platforms And The Fall Of The Fourth Estate: Looking Beyond The First Amendment To Protect Watchdog Journalism, Erin C. Carroll
Maryland Law Review
No abstract provided.
American Legion V. American Humanist Association, Seth T. Bonilla
American Legion V. American Humanist Association, Seth T. Bonilla
Public Land & Resources Law Review
The separation of church and state is a key element of American democracy, but its interpretation has been challenged as the country grows more diverse. In American Legion v. American Humanist Association, the Supreme Court adopted a new standard to analyze whether a religious symbol on public land maintained by public funding violated the Constitution’s Establishment Clause.
Texas Indian Holocaust And Survival: Mcallen Grace Brethren Church V. Salazar, Milo Colton
Texas Indian Holocaust And Survival: Mcallen Grace Brethren Church V. Salazar, Milo Colton
The Scholar: St. Mary's Law Review on Race and Social Justice
When the first Europeans entered the land that would one day be called Texas, they found a place that contained more Indian tribes than any other would-be American state at the time. At the turn of the twentieth century, the federal government documented that American Indians in Texas were nearly extinct, decreasing in number from 708 people in 1890 to 470 in 1900. A century later, the U.S. census recorded an explosion in the American Indian population living in Texas at 215,599 people. By 2010, that population jumped to 315,264 people.
Part One of this Article chronicles the forces contributing …
Whose Market Is It Anyway? A Philosophy And Law Critique Of The Supreme Court’S Free-Speech Absolutism, Spencer Bradley
Whose Market Is It Anyway? A Philosophy And Law Critique Of The Supreme Court’S Free-Speech Absolutism, Spencer Bradley
Dickinson Law Review (2017-Present)
In the wake of Charlottesville, the rise of the alt-right, and campus controversies, the First Amendment has fallen into public scrutiny. Historically, the First Amendment’s “marketplace of ideas” has been a driving source of American political identity; since Brandenburg v. Ohio, the First Amendment protects all speech from government interference unless it causes incitement. The marketplace of ideas allows for the good and the bad ideas to enter American society and ultimately allows the people to decide their own course.
Yet, is the First Amendment truly a tool of social progress? Initially, the First Amendment curtailed war-time dissidents and …
Martin, Ghana, And Global Legal Studies, H. Timothy Lovelace Jr.
Martin, Ghana, And Global Legal Studies, H. Timothy Lovelace Jr.
Indiana Journal of Global Legal Studies
This brief essay uses global legal studies to reconsider Dr. Martin Luther King, Jr.'s activism after Gayle v. Browder. During this undertheorized portion of King's career, the civil rights leader traveled the world and gained a greater appreciation for comparative legal and political analysis. This essay explores King's first trip abroad and demonstrates how King's close study of Kwame Nkrumah's approaches to law reform helped to lay the foundation for watershed moments in King's own life. In To Redeem the Soul of America: The Southern Christian Leadership Conference and Martin Luther King, Jr., renowned civil rights scholar and author, Adam …
Inseparable: Perspective Of Senator Daniel Webster, Ernest M. Oleksy
Inseparable: Perspective Of Senator Daniel Webster, Ernest M. Oleksy
The Downtown Review
Considering the hypersensitivity that their nation has towards race relations, it is often ineffable to contemporary Americans as to how anyone could have argued against abolition in the 19th century. However, by taking the perspective of Senator Daniel Webster speaking to an audience of disunionist-abolitionists, proslaveryites, and various shades of moderates, numerous points of contention will be brought to light as to why chattel slavery persisted so long in the U.S. Focal points of dialogue will include the Narrative of Frederick Douglass, the "positive good" claims of Senator John C. Calhoun, the disunionism of William Lloyd Garrison, and the defense …
Today's Porn: Not A Constitutional Right; Not A Human Right, Patrick Trueman
Today's Porn: Not A Constitutional Right; Not A Human Right, Patrick Trueman
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
Multifactoral Free Speech, Alexander Tsesis
Multifactoral Free Speech, Alexander Tsesis
Northwestern University Law Review
This Article presents a multifactoral approach to free speech analysis. Difficult cases present a variety of challenges that require judges to weigh concerns for the protection of robust dialogue, especially about public issues, against concerns that sound in common law (such as reputation), statutory law (such as repose against harassment), and in constitutional law (such as copyright). Even when speech is implicated, the Court should aim to resolve other relevant individual and social issues arising from litigation. Focusing only on free speech categories is likely to discount substantial, and sometimes compelling, social concerns warranting reflection, analysis, and application. Examining the …
Cultural Democracy And The First Amendment, Jack M. Balkin
Cultural Democracy And The First Amendment, Jack M. Balkin
Northwestern University Law Review
Freedom of speech secures cultural democracy as well as political democracy. Just as it is important to make state power accountable to citizens, it is also important to give people a say over the development of forms of cultural power that transcend the state. In a free society, people should have the right to participate in the forms of meaning-making that shape who they are and that help constitute them as individuals.
The digital age shows the advantages of a cultural theory over purely democracy-based theories. First, the cultural account offers a more convincing explanation of why expression that seems …
The Democratic First Amendment, Ashutosh Bhagwat
The Democratic First Amendment, Ashutosh Bhagwat
Northwestern University Law Review
Over the past several decades, the Supreme Court and most First Amendment scholars have taken the position that the primary reason why the First Amendment protects freedom of speech is to advance democratic self-governance. In this Article, I will argue that this position, while surely correct insofar as it goes, is also radically incomplete. The fundamental problem is that the Court and, until recently, scholars have focused exclusively on the Religion Clauses and the Free Speech Clause. The rest of the First Amendment—the Press, Assembly, and Petition Clauses—might as well not exist. The topic of this Article is the five …
The Original Meaning Of "God": Using The Language Of The Framing Generation To Create A Coherent Establishment Clause Jurisprudence, Michael I. Meyerson
The Original Meaning Of "God": Using The Language Of The Framing Generation To Create A Coherent Establishment Clause Jurisprudence, Michael I. Meyerson
Marquette Law Review
The Supreme Court’s attempt to create a standard for evaluating whether the Establishment Clause is violated by religious governmental speech, such as the public display of the Ten Commandments or the Pledge of Allegiance, is a total failure. The Court’s Establishment Clause jurisprudence has been termed “convoluted,” “a muddled mess,” and “a polite lie.” Unwilling to either allow all governmental religious speech or ban it entirely, the Court is in need of a coherent standard for distinguishing the permissible from the unconstitutional. Thus far, no Justice has offered such a standard.
A careful reading of the history of the framing …
A Barometer Of Freedom Of The Press: The Opinions Of Mr. Justice White , Michael J. Armstrong
A Barometer Of Freedom Of The Press: The Opinions Of Mr. Justice White , Michael J. Armstrong
Pepperdine Law Review
Since the Zurcher v. Stanford Daily decision which was authored by Justice Byron F. White, the news media has become increasingly concerned with its' first amendment protections from governmental searches. Since Justice White has been the voice of the United States Supreme Court on this very issue, the author submits that an examination of Justice White's media related opinions can serve as a "barometer" for the constitutional protections of the news media. The author examines the use of Justice White to the Supreme Court, his staunch adherence to stare decisis, and the historical foundation of the first amendment as they …
A First Amendment Right Of Access To A Juror's Identity: Toward A Fuller Understanding Of The Jury's Deliberative Process , Robert Lloyd Raskopf
A First Amendment Right Of Access To A Juror's Identity: Toward A Fuller Understanding Of The Jury's Deliberative Process , Robert Lloyd Raskopf
Pepperdine Law Review
No abstract provided.
Ethics In Legal Education: An Augmentation Of Legal Realism, Gerald R. Ferrera
Ethics In Legal Education: An Augmentation Of Legal Realism, Gerald R. Ferrera
Pepperdine Law Review
No abstract provided.
In The Matter Of Ottinger V. Non-Party The Journal News, Daniel Haier
In The Matter Of Ottinger V. Non-Party The Journal News, Daniel Haier
NYLS Law Review
No abstract provided.
Constitutional Law And Values—Version ’08 (Not Necessarily An Upgrade), Nadine Strossen
Constitutional Law And Values—Version ’08 (Not Necessarily An Upgrade), Nadine Strossen
NYLS Law Review
No abstract provided.
Religious Liberty That Almost Wasn't: On The Origin Of The Establishment Clause Of The First Amendment, Gregory C. Downs
Religious Liberty That Almost Wasn't: On The Origin Of The Establishment Clause Of The First Amendment, Gregory C. Downs
University of Arkansas at Little Rock Law Review
The purpose of this article is to briefly examine the origin of the Establishment Clause in the event sometimes referred to as the "Virginia Experience," and to consider the possibility that the significant "leading roles" in the First Amendment's creation were not limited to Jefferson and Madison. Further, Madison's leading role in the actual sponsorship of the First Amendment may not have been entirely voluntary. With the ever-present litigation and controversies revolving around the extent and meaning of the First Amendment's Establishment Clause, the overlooked history of the creation of the First Amendment is both interesting and instructive in the …
Public Availability Or Practical Obscurity: The Debate Over Public Access To Court Records On The Internet, Arminda Bradford Bepko
Public Availability Or Practical Obscurity: The Debate Over Public Access To Court Records On The Internet, Arminda Bradford Bepko
NYLS Law Review
No abstract provided.
Jon Newman’S Theory Of Disparagement And The First Amendment In The Administrative State, Edward L. Rubin
Jon Newman’S Theory Of Disparagement And The First Amendment In The Administrative State, Edward L. Rubin
NYLS Law Review
No abstract provided.
Ronald Dworkin's The Moral Reading Of The Constitution: A Critique, Raoul Berger
Ronald Dworkin's The Moral Reading Of The Constitution: A Critique, Raoul Berger
Indiana Law Journal
No abstract provided.
The First Americans And The "Free" Exercise Of Religion, Martin C. Loesch
The First Americans And The "Free" Exercise Of Religion, Martin C. Loesch
American Indian Law Review
No abstract provided.
The Irrelevance Of The Constitution: The Religion Clauses Of The First Amendment And The Supreme Court, Philip B. Kurland
The Irrelevance Of The Constitution: The Religion Clauses Of The First Amendment And The Supreme Court, Philip B. Kurland
Villanova Law Review
No abstract provided.
Obscenity, The Law And Religion, Thomas A. Long
Obscenity, The Law And Religion, Thomas A. Long
IUSTITIA
The long history of the relation between Western religion and secular law is both interesting and complex.' In what follows I shall discuss one current social issue which is illustrative of this relation,namely, the relatively recent legal-moral controversy over obscenity.