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Speaker Discrimination: The Next Frontier Of Free Speech, Michael Kagan 2015 University of Nevada, Las Vegas -- William S. Boyd School of Law

Speaker Discrimination: The Next Frontier Of Free Speech, Michael Kagan

Scholarly Works

Citizens United v. FEC articulated a new pillar of free speech doctrine that is independent from the well-known controversies about corporate personhood and the role of money in elections. For the first time, the Supreme Court clearly said that discrimination on the basis of the identity of the speaker offends the First Amendment. Previously, the focus of free speech doctrine had been on the content and forum of speech, not on the identity of the speaker. This new doctrine has the potential to reshape free speech law far beyond the corporate speech and campaign finance contexts. This article explores the ...


Financing Elections And "Appearance Of Corruption": Citizen Attitudes And Behavior In 2012, Molly J. Walker Wilson 2014 The Catholic University of America, Columbus School of Law

Financing Elections And "Appearance Of Corruption": Citizen Attitudes And Behavior In 2012, Molly J. Walker Wilson

Catholic University Law Review

As political spending reaches new highs in the 2012 election cycle, and as the controversy surrounding wealthy donors and interest groups grows, polls demonstrate a surge of cynicism among Americans who profess a belief that the American political system is corrupt. The Supreme Court’s 2010 decision in Citizens United made possible the most recent expansion of political spending. In this case, the question was whether allowing corporations and unions to spend unlimited amounts of money on political advertising would result in corruption or the appearance of corruption. The majority on the Court determined that it would not. Many observers ...


"God Hates Fags" Isn't The Same As "Fuck The Draft": Introducing The Non-Sexual Obscenity Doctrine, Adam Lamparello 2014 SelectedWorks

"God Hates Fags" Isn't The Same As "Fuck The Draft": Introducing The Non-Sexual Obscenity Doctrine, Adam Lamparello

Adam Lamparello

No abstract provided.


Toward A Federal Constitutional Right To Employment, R. George Wright 2014 Seattle University School of Law

Toward A Federal Constitutional Right To Employment, R. George Wright

Seattle University Law Review

This Article outlines an argument for a federal constitutional right to employment. The Article begins by examining the harms and costs of involuntary long-term unemployment. It then discusses the historical contributions to our understanding of the value of work, before drawing on several well-established jurisprudential distinctions to explain why, and to justify initial optimism regarding a constitutional employment right.


The Limits Of Child Pornography, Carissa Byrne Hessick 2014 Maurer School of Law: Indiana University

The Limits Of Child Pornography, Carissa Byrne Hessick

Indiana Law Journal

Although the First Amendment ordinarily protects the creation, distribution, and possession of visual images, the Supreme Court has declared that those protections do not apply to child pornography. But the Court has failed to clearly define child pornography as a category of speech. Providing a precise definition of the child pornography exception to the First Amendment has become increasingly important because recent years have seen a dramatic increase in the penalties associated with the creation, distribution, and possession of child pornography.

This Article proposes a clear definition of the child pornography exception. It argues that an image ought to fall ...


An Imminent Substantial Disruption: Towards A Uniform Standard For Balancing The Rights Of Students To Speak And The Rights Of Administrators To Discipline., Allison G. Kort 2014 SelectedWorks

An Imminent Substantial Disruption: Towards A Uniform Standard For Balancing The Rights Of Students To Speak And The Rights Of Administrators To Discipline., Allison G. Kort

Allison G Kort

ABSTRACT

An Imminent Substantial Disruption: Toward a Uniform Standard for Balancing the Rights of Students to Speak and the Rights of Administrators to Discipline.

By Allison Kort

Twenty-five years before the Supreme Court’s landmark school speech decision in Tinker v. Des Moines, 393 U.S. 503, 504 (1969), the Court cautioned against placing too much discretion in the hands of school boards. In Tinker, when students wore black armbands to protest the Vietnam War, the Supreme Court determined that student speech may not be censored when the record demonstrates no facts which would reasonably have led school authorities to ...


Anti-Slapp Confabulation & The Government Speech Doctrine, Steven J. Andre 2014 Golden Gate University School of Law

Anti-Slapp Confabulation & The Government Speech Doctrine, Steven J. Andre

Golden Gate University Law Review

California was the first state to find judicial acceptance of the notion that government may avail itself of anti-SLAPP protections against private citizens who petition for redress of grievances. It is the purpose of this article to explore the judicial entrenchment of such a misguided balancing of government interests against constitutional rights, and to illustrate why it is shortsighted and a very harmful misinterpretation of otherwise very worthy and beneficial statutes.


From 'Banned In Boston' To Ethnic Studies In Arizona: Intellectual Freedom In America Today, Laura Quilter 2014 University of Massachusetts - Amherst

From 'Banned In Boston' To Ethnic Studies In Arizona: Intellectual Freedom In America Today, Laura Quilter

Laura Quilter

This program will explore the meaning of Banned Books Week and what censorship means, as well as looking at what gets "banned" in America these days. Laura Quilter, a local librarian and information policy attorney, will lead a lively discussion of the law and politics of "banning books" -- from Comstockery through modern-day removal of identity studies curricula in Arizona and LGBT-themed children's books in public and school libraries.


I Came, Itar, I Conquered: The International Traffic In Arms Regulations, 3d-Printed Firearms, And The First Amendment, Anthony M. Masero 2014 Boston College Law School

I Came, Itar, I Conquered: The International Traffic In Arms Regulations, 3d-Printed Firearms, And The First Amendment, Anthony M. Masero

Boston College Law Review

The rise of 3D printers presents unique regulatory challenges in many areas, particularly firearm regulations. The Texas non-profit, Defense Distributed, successfully developed a 3D printable lower receiver for the AR-15 assault rifle and a 3D .380 pistol capable of firing eight rounds. Current regulations cannot meaningfully govern the 3D printing of guns without an effective means of controlling and standardizing the distribution of the CAD files online. This Note argues that the existing regulatory scheme, which governs the dissemination of technical data related to firearms, unconstitutionally restricts expression. The regulatory scheme gives broad discretion to licensing officials, and fails to ...


Freedom Of Religion In Public Schools In Germany And In The United States, Inke Muehlhoff 2014 University of Georgia School of Law

Freedom Of Religion In Public Schools In Germany And In The United States, Inke Muehlhoff

Georgia Journal of International & Comparative Law

No abstract provided.


Balancing The First Amendment And Child Protection Goals In Legal Approaches To Restricting Children's Access To Violent Video Games: A Comparison Of Germany And The United States, Laura Tate Kagel 2014 University of Georgia School of Law

Balancing The First Amendment And Child Protection Goals In Legal Approaches To Restricting Children's Access To Violent Video Games: A Comparison Of Germany And The United States, Laura Tate Kagel

Georgia Journal of International & Comparative Law

No abstract provided.


Ready Or Not, Here Comes Dr-Cafta: Comparing The Right Of Association In Mexico, Guatemala, And El Salvador, Laura Glass-Hess 2014 University of Georgia School of Law

Ready Or Not, Here Comes Dr-Cafta: Comparing The Right Of Association In Mexico, Guatemala, And El Salvador, Laura Glass-Hess

Georgia Journal of International & Comparative Law

No abstract provided.


Shame, Rage And Freedom Of Speech: Should The United States Adopt European "Mobbing" Laws?, Brady Coleman 2014 University of Georgia School of Law

Shame, Rage And Freedom Of Speech: Should The United States Adopt European "Mobbing" Laws?, Brady Coleman

Georgia Journal of International & Comparative Law

No abstract provided.


Learning Lessons From Multani: Considering Canada's Response To Religious Garb Issues In Public Schools, Allison N. Crawford 2014 University of Georgia School of Law

Learning Lessons From Multani: Considering Canada's Response To Religious Garb Issues In Public Schools, Allison N. Crawford

Georgia Journal of International & Comparative Law

No abstract provided.


Transforming News: How Mediation Principles Can Depolarize Public Talk, Carol Pauli 2014 SelectedWorks

Transforming News: How Mediation Principles Can Depolarize Public Talk, Carol Pauli

Carol Pauli

News media interviews bring opposing voices into the public forum where, ideally, audience members can deliberate and reach democratic compromise. But in today’s politically polarized atmosphere, partisans increasingly accuse each other of being a threat to the country, and prospects for compromise have suffered. Journalists have been urged to take a more affirmative role, promoting problem-solving and opposing conflict. They have stopped short, citing professional norms that demand a stance of neutral detachment.

This Article turns to the principles of transformative mediation. Like journalism, it is detached from any goal of settlement. It aims instead at increasing the capacity ...


Visual Rhetoric: Topics Of Invention And Arrangement And Tropes Of Style, Michael D. Murray 2014 Valparaiso University

Visual Rhetoric: Topics Of Invention And Arrangement And Tropes Of Style, Michael D. Murray

Michael D. Murray

This Article discusses the rhetorical value of visual-graphical devices in legal discourse. Rhetoric, the art of persuasive communication, studies the available means to communicate with an audience in an effective, persuasive manner so as to achieve the author’s purpose in the context of a rhetorical situation. This Article joins a rapidly growing conversation on visual rhetoric—the use of graphic and pictorial imagery for effective, persuasive communication.

This Article will discuss the communicative power of visual-graphical works as rhetorical topics of invention and arrangement and tropes of style within contemporary legal rhetoric and modern argument theory. This work will ...


Section 5: First Amendment, Institute of Bill of Rights Law at The College of William & Mary School of Law 2014 College of William & Mary Law School

Section 5: First Amendment, Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law

Supreme Court Preview

No abstract provided.


Sacred Cows, Holy Wars: Exploring The Limits Of Law In The Regulation Of Raw Milk And Kosher Meat, Kenneth Lasson 2014 SelectedWorks

Sacred Cows, Holy Wars: Exploring The Limits Of Law In The Regulation Of Raw Milk And Kosher Meat, Kenneth Lasson

Kenneth Lasson

SACRED COWS, HOLY WARS

Exploring the Limits of Law in the Regulation of Raw Milk and Kosher Meat

By Kenneth Lasson

Abstract

In a free society law and religion seldom coincide comfortably, tending instead to reflect the inherent tension that often resides between the two. This is nowhere more apparent than in America, where the underlying principle upon which the first freedom enunciated by the Constitution’s Bill of Rights is based ‒ the separation of church and state – is conceptually at odds with the pragmatic compromises that may be reached. But our adherence to the primacy of individual rights and ...


Beef Products, Inc. V. Abc News: (Pink) Slimy Enough To Determine The Constitutionality Of Agricultural Disparagement Laws?, Nicole C. Sasaki 2014 Pace University

Beef Products, Inc. V. Abc News: (Pink) Slimy Enough To Determine The Constitutionality Of Agricultural Disparagement Laws?, Nicole C. Sasaki

Pace Environmental Law Review

This Comment analyzes the likelihood of whether BPI’s case against ABC News will be decided on the merits, whether South Dakota’s agricultural disparagement statute will be upheld as constitutional, and thus the likelihood that other states’ statutes will be struck down, thereby preserving the public’s freedom to question and criticize the safety of our food system. First, Part I offers a brief introduction to agricultural disparagement laws, their historical application, and BPI’s pending lawsuit. Next, Part II reviews the context of the enactment of agricultural disparagement laws, summarizes the common elements of these laws, and discusses ...


Fraud And First Amendment Protections Of False Speech: How United States V. Alvarez Impacts Constitutional Challenges To Ag-Gag Laws, Larissa U. Liebmann 2014 Pace University

Fraud And First Amendment Protections Of False Speech: How United States V. Alvarez Impacts Constitutional Challenges To Ag-Gag Laws, Larissa U. Liebmann

Pace Environmental Law Review

This article first explains the background and functions of undercover investigations of agricultural production facilities, and explains the bases upon which states pass laws intended to prevent these investigations. It then gives a background of research already conducted on the constitutionality of Ag-Gag laws, and examines the relevance of the Supreme Court case Alvarez. Based on the analysis provided in Alvarez, the article demonstrates that Ag-Gag laws would not be exempt from heightened First Amendment scrutiny as fraud statutes. Moreover, it demonstrates that, in particular, the Iowa and Utah Ag-Gag laws would not survive the heightened scrutiny outlined in Alvarez.


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