First Amendment Commons™
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Recent Articles in First Amendment
Algorithms And Speech, Stuart M. Benjamin 
Duke Law
Algorithms And Speech, Stuart M. Benjamin
Faculty Scholarship
One of the central questions in free speech jurisprudence is what activities the First Amendment encompasses. This Article considers that question in the context of an area of increasing importance – algorithm-based decisions. I begin by looking to broadly accepted legal sources, which for the First Amendment means primarily Supreme Court jurisprudence. That jurisprudence provides for very broad First Amendment coverage, and the Court has reinforced that breadth in recent cases. Under the Court’s jurisprudence the First Amendment (and the heightened scrutiny it entails) would apply to many algorithm-based decisions, specifically those entailing substantive communications. We could of course adopt ...
Class Actions, Heightened Commonality, And Declining Access To Justice, A. Benjamin Spencer 
Washington & Lee University School of Law
Class Actions, Heightened Commonality, And Declining Access To Justice, A. Benjamin Spencer
Faculty Scholarship
A prerequisite to being certified as a class under Rule 23 of the Federal Rules of Civil Procedure is that there are "questions of law or fact common to the class." Although this “commonality” requirement had heretofore been regarded as something that was easily satisfied, in Wal-Mart Stores, Inc. v. Dukes the Supreme Court gave it new vitality by reading into it an obligation to identify among the class a common injury and common questions that are "central" to the dispute. Not only is such a reading of Rule 23’s commonality requirement unsupported by the text of the rule ...
Affirmative Action And Academic Freedom: Why The Supreme Court Should Continue Deferring To Faculty Judgments About The Value Of Educational Diversity, Steve Sanders 
Maurer School of Law: Indiana University
Affirmative Action And Academic Freedom: Why The Supreme Court Should Continue Deferring To Faculty Judgments About The Value Of Educational Diversity, Steve Sanders
Indiana Journal of Law and Social Equality
No abstract provided.
The New American Privacy, Richard J. Peltz-Steele 
University of Massachusetts School of Law
The New American Privacy, Richard J. Peltz-Steele
Faculty Publications
Conventional wisdom paints U.S. and European approaches to privacy at irreconcilable odds. But that portrayal overlooks a more nuanced reality of privacy in American law. The free speech imperative of U.S. constitutional law since the civil rights movement shows signs of tarnish. And in areas of law that have escaped constitutionalization, such as fair-use copyright and the freedom of information, developing personality norms resemble European-style balancing. Recent academic and political initiatives on privacy in the United States emphasize subject control and contextual analysis, reflecting popular thinking not so different after all from that which animates Europe’s 1995 ...
Prisoners Of Fame: How An Expanded Use Of Intrusion Upon Psychological Seclusion Can Protect The Privacy Of Former Public Figures, David Libardoni 
Boston College Law School
Prisoners Of Fame: How An Expanded Use Of Intrusion Upon Psychological Seclusion Can Protect The Privacy Of Former Public Figures, David Libardoni
Boston College Law Review
Public figures who no longer receive attention in the public sphere have had enormous difficulty regaining the privacy rights they once had. When it comes to limiting the discussion of their personal affairs, both the First Amendment and the common law invasion of privacy torts make no distinctions between former public figures and those currently involved in public affairs. This Note proposes an expanded use of the invasion of privacy tort for unreasonable intrusion upon seclusion to protect the privacy of these “prisoners of fame.” Although the tort is primarily understood to protect individuals from intrusions into physical spaces, this ...
Crawford V. Marion County Election Board: A Picture Is Worth A Thousand Words And Exactly One Vote, Brian C. Crook 
University of Maryland Francis King Carey School of Law
Crawford V. Marion County Election Board: A Picture Is Worth A Thousand Words And Exactly One Vote, Brian C. Crook
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Jewish Women Under Siege: The Fight For Survival On The Front Lines Of Love And The Law, Adam H. Koblenz University of Maryland Francis King Carey School of Law
Jewish Women Under Siege: The Fight For Survival On The Front Lines Of Love And The Law, Adam H. Koblenz
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Wide Right: Why The Ncaa’S Policy On The American Indian Mascot Issue Misses The Mark, andre douglas pond cummings, Seth E. Harper University of Maryland Francis King Carey School of Law
Wide Right: Why The Ncaa’S Policy On The American Indian Mascot Issue Misses The Mark, Andre Douglas Pond Cummings, Seth E. Harper
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Strings Attached: An Analysis Of The Eruv Under The Religion Clauses Of The First Amendment And The Religious Land Use And Institutionalized Persons Act, Alexandra Lang Susman University of Maryland Francis King Carey School of Law
Strings Attached: An Analysis Of The Eruv Under The Religion Clauses Of The First Amendment And The Religious Land Use And Institutionalized Persons Act, Alexandra Lang Susman
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
A Cross To Bear: The Need To Weigh Context In Determining The Constitutionality Of Religious Symbols On Public Land, Catherine Ansello University of Maryland Francis King Carey School of Law
A Cross To Bear: The Need To Weigh Context In Determining The Constitutionality Of Religious Symbols On Public Land, Catherine Ansello
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Tough Pill To Swallow: Whether Catholic Institutions Are Obligated Under Title Vii To Cover Their Employees’ Prescription Contraceptives, Craig W. Mandell University of Maryland Francis King Carey School of Law
Tough Pill To Swallow: Whether Catholic Institutions Are Obligated Under Title Vii To Cover Their Employees’ Prescription Contraceptives, Craig W. Mandell
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Offensive Political Speech From The 1970s To 2008: A Broadcaster’S Moral Choice, LaVonda N. Reed-Huff University of Maryland Francis King Carey School of Law
Offensive Political Speech From The 1970s To 2008: A Broadcaster’S Moral Choice, Lavonda N. Reed-Huff
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Shifting Toward Balance, Not Conservatism: The Court's Interpretation Of The Lemon Test's Legislative Intent Prong And Reaction From The Electorate, Kedrick N. Whitmore University of Maryland Francis King Carey School of Law
Shifting Toward Balance, Not Conservatism: The Court's Interpretation Of The Lemon Test's Legislative Intent Prong And Reaction From The Electorate, Kedrick N. Whitmore
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Twentieth Century Approaches To Defining Religion: Clifford Geertz And The First Amendment, Barbara Barnett University of Maryland Francis King Carey School of Law
Twentieth Century Approaches To Defining Religion: Clifford Geertz And The First Amendment, Barbara Barnett
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law, David Cole 
Touro College Jacob D. Fuchsberg Law Center
Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law, David Cole
Touro Law Review
Analogous to the Dreyfus affair, America's reaction to the events of September 11, 2001, subverted the rule of law to impose penalties on those it viewed as a threat. There are lessons to be learned from both the Dreyfus affair and America's reaction to September 11, 2001.
Thou Shalt Not?, Mark Strasser University of Maryland Francis King Carey School of Law
Thou Shalt Not?, Mark Strasser
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Emerging Technologies And Dwindling Speech, Jorge R. Roig 
Charleston School of Law
Emerging Technologies And Dwindling Speech, Jorge R. Roig
Jorge R Roig
Inspired in part by the recent holding in Bland v. Roberts that the use of the “Like” feature in Facebook is not covered by the Free Speech Clause, this article makes a brief foray into the approach that courts have taken in the recent past towards questions of First Amendment coverage in the context of emerging technologies. Specifically, this article will take a closer look at how courts have dealt with the issue of functionality in the context of First Amendment coverage of computer source code. The analysis of this and other recent experiences, when put in a larger context ...
Does Cutter V. Wilkinson Change The Analysis Of Mandated Dui Treatment Programs?: A Critical Response, Eric L. Sherbine University of Maryland Francis King Carey School of Law
Does Cutter V. Wilkinson Change The Analysis Of Mandated Dui Treatment Programs?: A Critical Response, Eric L. Sherbine
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Accommodating Religion And Law In The Twenty-First Century, Andrew J. King University of Maryland Francis King Carey School of Law
Accommodating Religion And Law In The Twenty-First Century, Andrew J. King
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Dui Treatment Programs And Religious Freedom: Does Cutter V. Wilkinson Change The Analysis?, Morris Jenkins, Brandene Moore, Eric Lambert, Alan Clarke University of Maryland Francis King Carey School of Law
Dui Treatment Programs And Religious Freedom: Does Cutter V. Wilkinson Change The Analysis?, Morris Jenkins, Brandene Moore, Eric Lambert, Alan Clarke
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Popular Institutions
Popular Authors
Mary-Rose Papandrea
Boston College Law School
Richard Peltz-Steele
University of Massachusetts School of Law
Steven Hinckley
Penn State Law
Jonathan Augustine
University of Tennessee, Knoxville
Kevin Saunders
Michigan State University College of Law
Kevin O'Neill
Cleveland State University
Lyrissa Lidsky
University of Florida Levin College of Law
David Cole
Georgetown University Law Center
Emily Chesbrough
Claremont Colleges
Laura Donohue
Georgetown University Law Center
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Popular Articles
Use "The Filter You Were Born With": The Unconstitutionality Of Mandatory Internet Filtering For The Adult Patrons Of Public Libraries, Richard Peltz-Steele
Social Media, Public School Teachers, And The First Amendment, Mary-Rose Papandrea
When Retweets Attack: Are Twitter Users Liable For Republishing The Defamatory Tweets Of Others?
Tenure Rights In Contractual And Constitutional Context
Fear, Risk And The First Amendment: Unraveling The Chilling Effect
Your Money Or Your Speech: The Children's Internet Protection Act And The Congressional Assault On The First Amendment In Public Libraries, Steven Hinckley
Based on downloads this month