Open Access. Powered by Scholars. Published by Universities.®

First Amendment Commons

Open Access. Powered by Scholars. Published by Universities.®

2,433 Full-Text Articles 1,786 Authors 604,287 Downloads 90 Institutions

All Articles in First Amendment

Faceted Search

2,433 full-text articles. Page 1 of 50.

Neither Tinker, Nor Hazelwood, Nor Fraser, Nor Morse: Why Violent Student Assignments Represent A Unique First Amendment Challenge, William C. Nevin 2015 College of William & Mary Law School

Neither Tinker, Nor Hazelwood, Nor Fraser, Nor Morse: Why Violent Student Assignments Represent A Unique First Amendment Challenge, William C. Nevin

William & Mary Bill of Rights Journal

This Article will both (1) explore a subset of violent student speech cases that could rightly be considered under Hazelwood if only the student expression bore the sign of official school sponsorship and (2) argue for the creation of a new standard based on Hazelwood to govern non-sponsored curricular speech. Furthermore, this new standard would operate much like the current Hazelwood analysis with one key distinction: where student speech is curricular and non-sponsored in nature, the only options available to school administrators would be those representing pedagogical counter-speech. Punitive discipline, such as the suspension seen in Cuff, would not be ...


Snap: How The Moral Elasticity Of The Denaturalization Statute Goes Too Far, Aram A. Gavoor, Daniel Miktus 2015 College of William & Mary Law School

Snap: How The Moral Elasticity Of The Denaturalization Statute Goes Too Far, Aram A. Gavoor, Daniel Miktus

William & Mary Bill of Rights Journal

Comprehensive immigration reform is a popular topic in Congress. While many reform bills have been offered, none have addressed the significant substantive and procedural issues surrounding denaturalization, the process where the federal government may seek to have a naturalized person’s citizenship revoked in federal court if his citizenship was unlawfully or fraudulently procured.Though denaturalization serves public policy as a final check on naturalization fraud, existing law also permits the government to denaturalize an individual solely for speech and expressive association that occurs after one acquires citizenship. This provision, 8 U.S.C. § 1451(c), violates naturalized citizens’ First ...


Metaphysical Univocity And The Immanent Frame: Defending Religious Liberty In A Secular Age?, Harry G. Hutchison 2015 George Mason University School of Law

Metaphysical Univocity And The Immanent Frame: Defending Religious Liberty In A Secular Age?, Harry G. Hutchison

Harry G. Hutchison

This article is the first installment of three articles. This article examines and appropriates concepts such as metaphysical univocity (a scheme initiated by John Duns Scotus and enriched by insights proffered by Muslim philosopher Ibn Sīnā) and then considers the immanent frame as part of my defense of religious liberty. The second installment applies my defense to current controversies in the United States. The third installment utilizes ideas and concepts from the first two articles as part of a comparative study of religious liberty in Turkey wherein I considers the status of religious minorities within Turkey’s borders. This tri-part ...


District Court, Nassau County, People V. Zedner, Jonathan Kirchner 2015 Touro College Jacob D. Fuchsberg Law Center

District Court, Nassau County, People V. Zedner, Jonathan Kirchner

Touro Law Review

No abstract provided.


The Odyssey Of A Supreme Court Decision About The Sanctity Of Opinions Under The First Amendment, Richard H.W. Maloy 2015 Touro College Jacob D. Fuchsberg Law Center

The Odyssey Of A Supreme Court Decision About The Sanctity Of Opinions Under The First Amendment, Richard H.W. Maloy

Touro Law Review

No abstract provided.


A Balanced Diet Of First Amendment Cases, Joel Gora 2015 Touro College Jacob D. Fuchsberg Law Center

A Balanced Diet Of First Amendment Cases, Joel Gora

Touro Law Review

No abstract provided.


The Associational Hoax: Corporate Personhood & Shareholder Rights After Hobby Lobby And Citizens United, Jaimie K. McFarlin 2015 Harvard University

The Associational Hoax: Corporate Personhood & Shareholder Rights After Hobby Lobby And Citizens United, Jaimie K. Mcfarlin

Jaimie K. McFarlin

No abstract provided.


San Francisco Nudity Ban, A Balance Of Interests, Law Review 2015 Golden Gate University School of Law

San Francisco Nudity Ban, A Balance Of Interests, Law Review

GGU Law Review Blog

In California, public nudity is legal, so long as those participating are not engaged in lewd acts. Individual cities can choose to invoke bans on public nudity, which Berkeley, San Jose, and San Francisco have done. In November 2012, San Francisco lawmakers outlawed something that is not an issue in other parts of the country, public nudity. The debate over public nudity began in 2011 when San Francisco Supervisor Scott Wiener wrote an ordinance that requires nudists to put a towel between themselves and any public property they choose to sit on. This ordinance came as a response to an ...


Protecting Government Secrets: A Comparison Of The Espionage Act And The Official Secrets Act, Katherine Feuer 2015 Boston College Law School

Protecting Government Secrets: A Comparison Of The Espionage Act And The Official Secrets Act, Katherine Feuer

Boston College International and Comparative Law Review

The practice of leaking confidential government information to members of the press is a longstanding American tradition widely condoned as vital to government transparency. Until 2009, prosecutions of leakers were virtually unknown. Since then, however, there has been an increase in the number of prosecutions under the Espionage Act, the federal statute criminalizing unauthorized disclosures of government information. This has subsequently led to a corresponding increase in criticism of the law. Although critics contend that the law is both overly broad and overly harsh, conventional wisdom holds that it is nowhere near as sweeping, nor as severe, as the United ...


Big Brother As Parent: Using Surveillance To Patrol Students’ Internet Speech, Catherine E. Mendola 2015 Boston College Law School

Big Brother As Parent: Using Surveillance To Patrol Students’ Internet Speech, Catherine E. Mendola

Boston College Journal of Law & Social Justice

With the pervasiveness of the Internet in students’ lives, schools are frequently disrupted by their students’ online speech, whether through threats of violence, cyberbullying, or discussion of self-harm. To combat and minimize these disturbances, some schools are turning to third-party surveillance companies to monitor students’ Internet posts for potentially harmful speech. The U.S. Supreme Court has never addressed a school’s relationship to its students’ Internet postings. In the absence of Supreme Court guidance, lower courts rely primarily on a 1969 free speech ruling from Tinker v. Des Moines Independent Community School District, which asks whether a student’s ...


#Academicfreedom: Twitter And First Amendment Rights For Professors, Michael H. LeRoy 2015 University of Illinois College of Law

#Academicfreedom: Twitter And First Amendment Rights For Professors, Michael H. Leroy

Notre Dame Law Review Online

This Essay asks: is every tweet from a professor protected as a form of academic freedom by the First Amendment? Professor Salaita’s watershed case poses sharply conflicting positions on academic freedom for faculty members. In support of Professor Salaita, a faculty committee at the University of Illinois asserts: “Regardless of the tweets’ tone and content, they are political speech—part of the robust free play of ideas in the political realm that the [University] Statutes insulate from institutional sanction, even in the case of ideas we may detest.”

To answer my research question, I explore how courts rule on ...


What Do You Really Want? Speech V. Reputation In A World Of Instant Gratification, Leoangelo Cristobal 2015 Golden Gate University School of Law

What Do You Really Want? Speech V. Reputation In A World Of Instant Gratification, Leoangelo Cristobal

GGU Law Review Blog

Yelp! reviews, their reliability, and free speech.


Paths Of Resistance To Our Imperial First Amendment, Bertrall L. Ross II 2015 University of California, Berkeley, School of Law

Paths Of Resistance To Our Imperial First Amendment, Bertrall L. Ross Ii

Michigan Law Review

In the campaign finance realm, we are in the age of the imperial First Amendment. Over the past nine years, litigants bringing First Amendment claims against campaign finance regulations have prevailed in every case in the Supreme Court. A conservative core of five justices has developed virtually categorical protections for campaign speech and has continued to expand those protections into domains that states once had the authority to regulate. As the First Amendment’s empire expands, other values give way. Four key cases from this era illustrate the reach of this imperial First Amendment. In Wisconsin Right to Life, Inc ...


Unlocked And Loaded: Government Censorship Of 3d-Printed Firearms And A Proposal For More Reasonable Regulation Of 3d-Printed Goods, Danton L. Bryans 2015 Indiana University - Bloomington

Unlocked And Loaded: Government Censorship Of 3d-Printed Firearms And A Proposal For More Reasonable Regulation Of 3d-Printed Goods, Danton L. Bryans

Indiana Law Journal

This Comment analyzes the regulations in place on 3D-printed firearms and proposes a new standard for regulating 3D-printed goods. Part I provides a brief primer on 3D printing and 3D-printed firearms. Part II turns to the events surrounding Defense Distributed’s creation of the world’s first 3D-printed firearm and the subsequent government censorship of the corresponding CAD files. Part III discusses the regulations affecting 3D-printed firearms and why these regulations are ill-suited for CAD files and 3D-printed goods. Part IV analyzes the implications of treating CAD files and 3D-printed goods as equivalents of traditional goods. Finally, Part V offers ...


“Labeling Games”: Classification Of Counseling As Speech Versus Conduct, Diahann DaSilva 2015 Boston College Law School

“Labeling Games”: Classification Of Counseling As Speech Versus Conduct, Diahann Dasilva

Boston College Law Review

Courts have long recognized that the First Amendment protects both certain classes of speech and certain forms of conduct. Recently, in the context of state regulations prohibiting a particular form of counseling, courts have considered whether mental health counseling in the form of talk therapy falls within the category of conduct protected under the First Amendment. This Note argues that labeling an activity that takes place by means of speech as conduct is improper and leads to the perverse result of avoiding First Amendment analysis. In doing so, this Note examines the protection of speech and conduct under the First ...


Person, State Or Not: The Place Of Business Corporations In Our Constitutional Order, Daniel J.H. Greenwood 2015 Hofstra University, Deane School of Law

Person, State Or Not: The Place Of Business Corporations In Our Constitutional Order, Daniel J.H. Greenwood

Daniel J.H. Greenwood

Business corporations are critical institutions in our democratic republican market-based economic order. The United States Constitution, however, is completely silent as to their status in our system. The Supreme Court has filled this silence by repeatedly granting corporations rights against the citizenry and its elected representatives.

Instead, we ought to view business corporations, like municipal corporations, as governance structures created by We the People to promote our general Welfare. On this social contract view, corporations should have the constitutional rights specified in the text: none. Instead, we should be debating which rights of citizens against governmental agencies should also apply ...


Can Dna Be Speech?, Jorge R. Roig 2015 Charleston School of Law

Can Dna Be Speech?, Jorge R. Roig

Jorge R Roig

DNA is generally regarded as the basic building block of life itself. In the most fundamental sense, DNA is nothing more than a chemical compound, albeit a very complex and peculiar one. DNA is an information-carrying molecule. The specific sequence of base pairs contained in a DNA molecule carries with it genetic information, and encodes for the creation of particular proteins. When taken as a whole, the DNA contained in a single human cell is a complete blueprint and instruction manual for the creation of that human being.

In this article we discuss myriad current and developing ways in which ...


Nsfw: An Empirical Study Of Scandalous Trademarks, Megan M. Carpenter 2015 Texas A&M University School of Law

Nsfw: An Empirical Study Of Scandalous Trademarks, Megan M. Carpenter

Megan M Carpenter

This project is an empirical analysis of trademarks that have received rejections based on the judgment that they are “scandalous." It is the first of its kind.

The Lanham Act bars registration for trademarks that are “scandalous” and “immoral.” While much has been written on the morality provisions in the Lanham Act generally, this piece is the first scholarly project that engages an empirical analysis of 2(a) rejections based on scandalousness; it contains a look behind the scenes at how the morality provisions are applied throughout the trademark registration process. We study which marks are being rejected, what evidence ...


Justice-As-Fairness As Judicial Guiding Principle: Remembering John Rawls And The Warren Court, Michael Anthony Lawrence 2015 Michigan State University College of Law

Justice-As-Fairness As Judicial Guiding Principle: Remembering John Rawls And The Warren Court, Michael Anthony Lawrence

Michael Anthony Lawrence

This Article looks back to the United States Supreme Court’s jurisprudence during the years 1953-1969 when Earl Warren served as Chief Justice, a period marked by numerous landmark rulings in the areas of racial justice, criminal procedure, reproductive autonomy, First Amendment freedom of speech, association and religion, voting rights, and more. The Article further discusses the constitutional bases for the Warren Court’s decisions, principally the Fourteenth Amendment equal protection and due process clauses.

The Article explains that the Warren Court’s equity-based jurisprudence closely resembles, at its root, the “justice-as-fairness” approach promoted in John Rawls’s monumental 1971 ...


The Ceo And The Hydraulics Of Campaign Finance Deregulation, Sarah C. Haan 2015 Northwestern University School of Law

The Ceo And The Hydraulics Of Campaign Finance Deregulation, Sarah C. Haan

Northwestern University Law Review

Voters increasingly view their consumer activities, not their campaign contributions, as the most meaningful way to participate in politics. In 2014, after it became public that Mozilla’s CEO, Brendan Eich, had made a controversial political donation in a state ballot proposition, consumer pressure led to his resignation. Eich’s downfall and the politicization of retail markets means that business leaders are unlikely to respond to McCutcheon v. FEC by embracing transparency with their campaign donations, and also suggests that campaign finance deregulation is causing hydraulic effects that the Supreme Court has failed to anticipate. This Essay explores what “economic ...


Digital Commons powered by bepress