University of Missouri School of Law
Cornell University Law School
Pacific McGeorge School of Law
University of Maryland Francis King Carey School of Law
Barry University School of Law
Yale Law School
John Marshall Law School
Fordham University School of Law
Trump's Forced Patriotism Has No Place In A Free Society,
2018
Widener Law
Trump's Forced Patriotism Has No Place In A Free Society, Alan E. Garfield
Alan E Garfield
No abstract provided.
Curtailing Online Service Provider Immunity From Liability: An Advocacy For The Entension Of Roommates.Com,
2018
Seattle University School of Law
Curtailing Online Service Provider Immunity From Liability: An Advocacy For The Entension Of Roommates.Com, Corey Patton
Seattle University Law Review
Section 230 of the Communications Decency Act (CDA) was enacted following the controversial decision in Stratton Oakmont, Inc. v. Prodigy Servs. Co., where an interactive computer service provider was held liable for a libelous message posted by a user on one of its financial message boards. The court determined that the service provider was a “publisher” of the libelous message for the purposes of state law because it had engaged in screening and moderating of other objectionable posts on its message boards but failed to remove the libelous message in question. Because the service provider voluntarily self-policed some of the ...
Search Query: Can America Accept A Right To Be Forgotten As A Publicity Right?,
2018
Brooklyn Law School
Search Query: Can America Accept A Right To Be Forgotten As A Publicity Right?, James J. Lavelle
Brooklyn Law Review
Search engines have profoundly changed the relationship between privacy and free speech by making personal information widely and cheaply available to a global audience. This has raised many concerns both over how online companies handle the information they collect and how regular citizens use online services to invade other people’s privacy. One way Europe has addressed this change is by providing European Union citizens with a right to petition search engines to deindex links from search results—a so-called “right to be forgotten.” If the information contained in a search result is “inadequate, irrelevant or no longer relevant,” the ...
Tipped Scales: A Look At The Ever-Growing Imbalance Of Power Protecting Religiously Motivated Conduct, Why That's Bad, And How To Stop It,
2018
Cleveland-Marshall College of Law
Tipped Scales: A Look At The Ever-Growing Imbalance Of Power Protecting Religiously Motivated Conduct, Why That's Bad, And How To Stop It, Jeff Nelson
Cleveland State Law Review
This Note examines the current state of the law that seemingly allows individuals to harm and discriminate against others on the basis of their protected religious beliefs. This Note also explores how such a result has been made possible and how it may be stymied by judicial and legislative action. Section II discusses a short history of the First Amendment’s Free Exercise Clause leading up to Religious Freedom Restoration Acts, and also includes an examination of both the real and possible harmful effects of RFRAs, current reactions to the application of these laws domestically, and interesting parallels internationally. Section ...
Cheers To Central Hudson: How Traditional Intermediate Scrutiny Helps Keep Independent Craft Beer Viable,
2018
McGeorge School of Law
Cheers To Central Hudson: How Traditional Intermediate Scrutiny Helps Keep Independent Craft Beer Viable, Daniel J. Croxall
NULR Online
Independent craft breweries contributed approximately $68 billion to the national economy last year. However, an arcane regulatory scheme governs the alcohol industry in general and the craft beer industry specifically, posing both obstacles and benefits to independent craft brewers. This Essay examines regulations that arguably infringe on free speech: namely, commercial speech regulations that prohibit alcohol manufacturers from purchasing advertising space from retailers. Such regulations were enacted to prohibit undue influence and anticompetitive behavior stemming from vertical and horizontal integration in the alcohol market. Although these regulations are necessary to prevent global corporate brewers from dominating the craft beer market ...
The Visibility Value Of The First Amendment,
2018
Selected Works
The Visibility Value Of The First Amendment, Brian C. Murchison
Brian C. Murchison
No abstract provided.
Constitutional Anomalies Or As-Applied Challenges? A Defense Of Religious Exemptions,
2018
Becket Fund for Religious Liberty
Constitutional Anomalies Or As-Applied Challenges? A Defense Of Religious Exemptions, Stephanie H. Barclay, Mark L. Rienzi
Boston College Law Review
In the wake of Burwell v. Hobby Lobby and now in anticipation of Craig v. Masterpiece Cakeshop, Inc., the notion that religious exemptions are dangerously out of step with norms of Constitutional jurisprudence has taken on a renewed popularity. Critics increasingly claim that religious exemptions, such as those available prior to Employment Division v. Smith and now available under the federal Religious Freedom Restoration Act (RFRA), are a threat to basic fairness, equality, and the rule of law. Under this view, exemptions create an anomalous private right to ignore laws that everyone else must obey, and such a scheme will ...
Academic Freedom In The Guarded Institution,
2018
University of North Carolina School of Law
Academic Freedom In The Guarded Institution, Douglas B. Mckechnie, Eric Merriam
First Amendment Law Review
No abstract provided.
Litigating Free Speech Issues In The Trenches,
2018
University of North Carolina School of Law
Litigating Free Speech Issues In The Trenches, Robert M. O'Neil
First Amendment Law Review
No abstract provided.
A Comparative Analysis Of The Academic Freedom Of Public University Professors,
2018
University of North Carolina School of Law
A Comparative Analysis Of The Academic Freedom Of Public University Professors, Vikram Amar
First Amendment Law Review
No abstract provided.
Academic Freedom And Political Correctness In Uncivil Times,
2018
University of North Carolina School of Law
Academic Freedom And Political Correctness In Uncivil Times, Rodney A. Smolla
First Amendment Law Review
No abstract provided.
Current Threats To Free Speech On Campus,
2018
University of North Carolina School of Law
Current Threats To Free Speech On Campus, Robert Shibley
First Amendment Law Review
No abstract provided.
Contents,
2018
University of North Carolina School of Law
First Amendment Electronic Speech: Ex Parte Reece, A Missed Opportunity To Narrow Texas’S Unconstitutionally Overbroad Anti-Harassment Statute,
2018
Southern Methodist University
First Amendment Electronic Speech: Ex Parte Reece, A Missed Opportunity To Narrow Texas’S Unconstitutionally Overbroad Anti-Harassment Statute, Brian Long
SMU Law Review
No abstract provided.
Beyond Headlines & Holdings: Exploring Some Less Obvious Ramifications Of The Supreme Court’S 2017 Free-Speech Rulings,
2018
College of William & Mary Law School
Beyond Headlines & Holdings: Exploring Some Less Obvious Ramifications Of The Supreme Court’S 2017 Free-Speech Rulings, Clay Calvert
William & Mary Bill of Rights Journal
Digging behind the holdings, this Article analyzes less conspicuous, yet highly consequential aspects of the United States Supreme Court’s First Amendment rulings during the opening half of 2017. The four facets of the opinions addressed here—items both within individual cases and cutting across them—hold vast significance for future free-speech battles. Nuances of the justices’ splintering in Matal v. Tam, Packingham v. North Carolina, and Expressions Hair Design v. Schneiderman are examined, as is the immediate impact of Justice Anthony Kennedy’s Packingham dicta regarding online social networks. Furthermore, Justice Sonia Sotomayor’s solo concurrence in the threats ...
A Tale Of Two Clauses: Search And Seizure, Establishment Of Religion, And Constitutional Reason,
2018
College of William & Mary Law School
A Tale Of Two Clauses: Search And Seizure, Establishment Of Religion, And Constitutional Reason, Perry Dane
William & Mary Bill of Rights Journal
This Article dissects two developments in widely separate areas of American constitutional law—the “reasonable expectation of privacy” test for the Fourth Amendment’s Search and Seizure Clause and the “endorsement” test for the First Amendment’s Establishment Clause. These two stories might seem worlds apart, and they have not previously been systematically examined together. Nevertheless, the Article argues that they have in common at least three important symptoms of our legal culture’s deep malaise. These three phenomena occur in other contexts, too, but they appear with special clarity and a stark cumulative force in the two stories on ...
Not Today, Satan: Re-Examining Viewpoint Discrimination In The Limited Public Forum,
2018
College of William & Mary Law School
Not Today, Satan: Re-Examining Viewpoint Discrimination In The Limited Public Forum, Daniel Cutler
William & Mary Bill of Rights Journal
No abstract provided.
The Visibility Value Of The First Amendment,
2018
College of William & Mary Law School
The Visibility Value Of The First Amendment, Brian C. Murchison
William & Mary Bill of Rights Journal
No abstract provided.
The History Of U.S. Copyright Law And Disney’S Involvement In Copyright Term Extension,
2018
University of Wyoming
The History Of U.S. Copyright Law And Disney’S Involvement In Copyright Term Extension, Clarissa Anderson
Honors Theses AY 17/18
Copyright term extension is often a contentious topic among copyright owners, corporate lobbyists, and opponents of copyright extension. The history of copyright law spans more than 225 years and has always been an ever-evolving process. The Copyright Act of 1790 was the first statute in the United States to identify definite provisions of copyright law and permitted authors the right to their intellectual property for a duration of 14 years. Today, depending on the type of work, copyright terms can reach up to 120 years. Historically, Disney has been exceedingly protective of their intellectual property and is a prominent supporter ...
Hollywood Loving,
2018
Syracuse University School of Law
Hollywood Loving, Kevin Noble Maillard
Fordham Law Review
In this Essay, I highlight how nongovernmental entities establish political, moral, and sexual standards through visual media, which powerfully underscores and expresses human behavior. Through the Motion Picture Production Code (the “Hays Code”) and the Code of Practices for Television Broadcasters (the “TV Code”), Americans viewed entertainment as a pre-mediated, engineered world that existed outside of claims of censorship and propaganda. This Essay critically examines the role of film and television as persuasive and integral legal actors and it considers how these sectors operate to maintain, and sometimes challenge, racial order.
