The Limits Of Child Pornography, 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
Allison G Kort
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 ...
Sacred Cows, Holy Wars: Exploring The Limits Of Law In The Regulation Of Raw Milk And Kosher Meat, Kenneth Lasson
SACRED COWS, HOLY WARS
Exploring the Limits of Law in the Regulation of Raw Milk and Kosher Meat
By Kenneth Lasson
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
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
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.
Free Exercise For Whom? -- Could The Religious Liberty Principle That Catholics Established In Perez V. Sharp. Also Protect Same-Sex Couples' Right To Marry?, Eric Alan Isaacson
Eric Alan Isaacson
Recent discussions about the threat that same-sex couples hypothetically pose to the religious freedom of Americans whose religions traditions frown upon same-sex unions have largely overlooked the possibility that same-sex couples might have their own religious-liberty interest in being able to marry. The General Synod of the United Church of Christ brought the issue to the fore with an April 2014 lawsuit challenging North Carolina laws barring same-sex marriages.
Authored by a lawyer who represented the California Council of Churches and other religions organizations as amici curiae in recent marriage-equality litigation, this article argues that although marriage is a secular ...
Corporations And Religious Freedom: Hobby Lobby Stores - A Missed Opportunity To Reconcile A Flawed Law With A Flawed Health Care System, Matthew A. Melone
Matthew A. Melone
On June 30, 2014, the Supreme Court held, in Burwell v. Hobby Lobby Stores, Inc., that the requirement imposed on employer group health insurance plans to provide coverage for certain contraceptives unduly burdened the free exercise rights of three closely-held corporations in violation of the Religious Freedom Restoration Act of 1993 ( RFRA ). The contraception mandate was imposed by regulations implementing the Patient Protection and Affordable Care Act, itself a very controversial piece of legislation a part of which was upheld recently by the Court in a perhaps a case more controversial than Hobby Lobby Stores. RFRA was enacted to reinstate ...
Lethal Injection And The Right Of Access: The Intersection Of The Eighth And First Amendments, 2014 San José State University
Lethal Injection And The Right Of Access: The Intersection Of The Eighth And First Amendments, Timothy F. Brown
The Spring and Summer of 2014 have witnessed renewed debate on the constitutionality of the death penalty after a series of high profile legal battles concerning access to lethal injection protocols and subsequent questionable executions. Due to shortages in the drugs traditionally used for the lethal injection, States have changed their lethal injection protocols to shield information from both the prisoners and the public. Citing public safety concerns, the States refuse to release information concerning the procurement of the drugs to the public. Such obstruction hinders the public’s ability to determine the cruelty of the punishment imposed and creates ...
The Replicator And The First Amendment, 2014 SelectedWorks
The Replicator And The First Amendment, Kyle Langvardt
As 3D printing technology improves, the theoretical endpoint comes into view: a machine that, like the “replicators” of Star Trek, can produce anything the user asks for out of thin air from a digital blueprint. Real-life technology may never reach that endpoint, but our progress toward it has accelerated sharply over the past few years—sharply enough, indeed, for legal scholars to weigh in on the phenomenon’s disruptive potential in areas ranging from intellectual property to gun rights.
This paper is concerned with the First Amendment status of the digital blueprints. As of August 2014, it is the first ...
Narrow Tailoring, Compelling Interests, And Free Exercise: On Aca, Rfra And Predictability, Mark Strasser
The holding in Burwell v. Hobby Lobby Stores, Incorporated was narrow in scope—closely held, for-profit corporations must be afforded an exemption from providing insurance coverage for a few types of contraception if the corporation has religious objections to providing that coverage. In addition, the exemption requirement was based on a construction of federal statute rather than on the Constitution’s free exercise guarantees. Both the narrowness of the holding and the Court’s express disavowal that it was offering a constitutional analysis might make the opinion appear relatively inconsequential. However, because the opinion changes the focus and standards of ...
What Impact The Supreme Court’S Recent Hobby Lobby Decision Might Have For Lgbt Civil Rights?, Vincent J. Samar
Vincent J. Samar
What Impact the Supreme Court’s Recent Hobby Lobby
Decision Might Have for LGBT Civil Rights?
Vincent J. Samar
The U.S. Supreme Court’s recent decision in the Hobby Lobby case has created shockwaves of concern among civil rights groups questioning whether for-profit corporations can assert a religious exemption from civil rights legislation under a 1993 federal law, the Religious Freedom Restoration Act. The matter is of particular concern in the LGBT community given the possible impact it could have on services traditionally offered to those getting married as more and more states legalize same-sex marriage. Though the ...
An Examination Of University Speech Codes’ Constitutionality And Their Impact On High-Level Discourse, 2014 University of Nebraska - Lincoln
An Examination Of University Speech Codes’ Constitutionality And Their Impact On High-Level Discourse, Benjamin Welch
Theses from the College of Journalism and Mass Communications
The First Amendment – which guarantees the right to freedom of religion, of the press, to assemble, and petition to the government for redress of grievances – is under attack at institutions of higher learning in the United States of America. Beginning in the late 1980s, universities have crafted “speech codes” or “codes of conduct” that prohibit on campus certain forms of expression that would otherwise be constitutionally guaranteed. Examples of such polices could include prohibiting “telling a joke that conveys sexism,” or “content that may negatively affect an individual’s self-esteem.” Despite the alarming number of institutions that employ such policies ...
"Step Into The Game": Assessing The Interactive Nature Of Virtual Reality Video Games Through The Context Of "Terroristic Speech", Robert Hupf Jr
Robert Hupf Jr
This article will begin the discussion on video gaming’s next interactive jump – total VR immersion – and examine whether the interactivity of VR changes the ordinary First Amendment analysis . . . . Yet, even with the “terroristic speech” component, involving everything from instructions on bomb-making to anti-American “terrorist” recruitment messaging, the Court should affirm the speech-protective logic of Justice Learned Hand and Justice Brandeis and hold that the First Amendment protects the freedom of video game developers in making VR video games with problematic content. The video game medium and its depictions have already been recognized as “speech” in Brown, fall into a ...
“Can I Profit From My Own Name And Likeness As A College Athlete?” The Predictive Legal Analytics Of A College Player’S Publicity Rights Vs. First Amendment Rights Of Others, 2014 Florida Coastal School of Law
“Can I Profit From My Own Name And Likeness As A College Athlete?” The Predictive Legal Analytics Of A College Player’S Publicity Rights Vs. First Amendment Rights Of Others, Roger M. Groves
Roger M. Groves
Two federal court decisions during 2013 have changed the game for college students versus the schools, the NCAA and video game makers. This article explores whether for the first time in history these athletes can profit from their own name and likeness and prevent others from doing so.
But those cases still leave many untested applications to new facts – facts that the courts have not faced. Particularly intriguing is how 21st Century technology will apply to this area in future litigation. No publicity rights case or article to date has explored the application of predictive analytics, computer programs, algorithms ...
Balancing The Scales: Adhuc Sub Judice Li Est Or Trial By Media, 2014 SelectedWorks
Balancing The Scales: Adhuc Sub Judice Li Est Or Trial By Media, Casey J. Cooper
Casey J Cooper
The right to freedom of expression and free press is recognized under almost all major human rights instruments and domestic legal systems—common and civil—in the world. However, what do you do when a fundamental right conflicts with another equally fundamental right, like the right to a fair trial? In the United States, the freedom of speech, encompassing the freedom of the press, goes nearly unfettered: the case is not the same for other common law countries. In light of cultural and historic facts, institutional factors, modern realities, and case-law, this Article contends that current American jurisprudence does not ...
Removing Disfavored Faces From Facebook: The Freedom Of Speech Implications Of Banning Sex Offenders From Social Media, 2014 Maurer School of Law: Indiana University
Removing Disfavored Faces From Facebook: The Freedom Of Speech Implications Of Banning Sex Offenders From Social Media, John Hitz
Indiana Law Journal
This Note scrutinizes the constitutionality of statutes that ban sex offenders who are no longer under any form of probation, parole, or supervised release from using social media. This Note argues that the incarnations of three of the social media ban statutes that have been examined by the federal judiciary were properly found unconstitutional because they violate the free speech rights of the sex offenders that they ban from social media. This Note goes on to argue that states can secure the interests they were seeking to protect in adopting these statutes through other means.
ng what groups of individuals ...
Good Enough For Government Work: Two Cheers For Content Neutrality, 2014 University of Pennsylvania Law School
Good Enough For Government Work: Two Cheers For Content Neutrality, Seth F. Kreimer
When then-Professor Elena Kagan emerged on the public stage in the mid-1990s, she declared “the distinction between content-based and content-neutral regulations of speech serves as the keystone of First Amendment law.” In the last decade and a half, commentators and Supreme Court opinions regularly echoed that declaration. Yet the First Amendment does not mention “content neutrality.” It is an artifact of modern constitutional doctrine–a doctrine subject to a sustained barrage of judicial and academic criticism.
Most scholarly critiques of content neutrality focus on First Amendment theory and Supreme Court opinions. After surveying these critiques, along with the incomplete defenses ...
Violent Video Games And The Rights Of Children And Parents: A Critique Of Brown V. Entertainment Merchants Association, Martin Guggenheim
New York University Public Law and Legal Theory Working Papers
This Article closely examines the 2011 Supreme Court decision in Brown v. Entertainment Merchants Association, 131 S.Ct. 2729 (2011), which held that California’s effort to restrict children’s access to violent video games violated the First Amendment. The Article will show that the Supreme Court widely missed the mark in applying well-established First Amendment law to strike down California’s effort to limit a minor’s access to material reasonably deemed inappropriate by parents. The Court’s principal error was to mischaracterize the statute as a ban on the distribution of material deemed inappropriate by the Legislature. This ...
College Student Speech - What You Can't Say Can't Say Off-Campus On Your Computer And Why, Brett J. Geschke
Brett J Geschke
Student Speech – What you Can’t Say Off-Campus on Your Computer and Why
Brett J. Geschke | Spring 2014
Organization of the Article
Introductory Argument and Thesis ● 1
Overview of the First Amendment – School Speech ● 6
First Amendment School Speech Analysis in the Digital Age ● 16
Recent Federal Cases Applying Tinker and Finding Punishment Constitutional ● 20
Recent Federal Cases Applying Tinker and Finding Punishment Unconstitutional ● 29
An Alternative Framework: A Recent State Supreme Court Case On This Issue ● 37
The Difference Between High School and College Student Speech ● 41
Analyzing On-Point Law Review Articles ● 46
Conclusory Remarks – Apply Tinker ● 50
United States Of America V. Manning, Bradley E., Pfc: When Fear Meets Reality: How An Aggressive Prosecution Did Not Equate To An Assault On First Amendment Freedoms, Jordan A. Wilson
Jordan A Wilson
Although debate concerning the First Amendment rights of government whistleblowers certainly exists, a much more heated debate arises concerning the rights of not the original leakers, but those who choose to publish the leaked material. This debate is only intensified when the government attempts to use military law and apply its jurisdiction to civilian actors.
The court martial of PFC Bradley Manning raised the specific question of whether charges under the Uniform Code of Military Justice (UCMJ) may be brought against civilian news publications who choose to publish the classified information. This question led to the emergence of a ...