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3,462 full-text articles. Page 1 of 85.

Religious Free Speech Rights Of Students In Public Schools: The Educator's Dilemma, Rosalie Levinson 2016 Valparaiso University

Religious Free Speech Rights Of Students In Public Schools: The Educator's Dilemma, Rosalie Levinson

Rosalie Berger Levinson

No abstract provided.


Social Protectionism And The First Amendment: How Regulation Hinders Rather Than Helps Speech, Katherine Rovello 2016 The University of Maine

Social Protectionism And The First Amendment: How Regulation Hinders Rather Than Helps Speech, Katherine Rovello

The Cohen Journal

No abstract provided.


Freedom Of Speech And The Classification Of True Threats, Elena S. Smith 2016 The University of Maine

Freedom Of Speech And The Classification Of True Threats, Elena S. Smith

The Cohen Journal

No abstract provided.


Current Developments In Civil Liberties, Ivan E. Bodensteiner, Rosalie Levinson 2016 Valparaiso University

Current Developments In Civil Liberties, Ivan E. Bodensteiner, Rosalie Levinson

Rosalie Berger Levinson

No abstract provided.


“They Outlawed Solidarity!”, Richard Blum 2016 Seattle University School of Law

“They Outlawed Solidarity!”, Richard Blum

Seattle University Law Review

In attacking § 8(b)(4)(ii)(B)’s ban on secondary labor picketing in support of a consumer boycott as a violation of the First Amendment, critics have repeatedly condemned the Supreme Court’s reliance on a supposed distinction between “pure speech” and “speech plus conduct,” such as a picket. The Court’s invocation of an “unlawful objectives” doctrine to defend banning speech contrary to public policy has also been repeatedly criticized. After all, picketing has been recognized as protected expressive activity and it is entirely lawful for consumers to choose to boycott the target of a picket. However, commentators ...


Constitutional Law: Nude Dancing And Political Speech As Protected Expression- The Scope Of The Due Process Guarantee, Rosalie Levinson 2016 Valparaiso University School of Law

Constitutional Law: Nude Dancing And Political Speech As Protected Expression- The Scope Of The Due Process Guarantee, Rosalie Levinson

Rosalie Berger Levinson

In a 1988 address, Chief Justice Shepard invited Indiana practitioners to reexamine the Indiana Constitution as a potentially significant source for the protection of individual liberty. Although there has been some movement in this direction in defending the rights of criminals, there has been little civil rights litigation brought under the Indiana Constitution. Therefore, this Article will explore state and federal court cases that raise significant federal constitutional issues implicating Indiana law and Indiana litigants. The most noteworthy cases during the survey period dealt with freedom of expression and the due process clause.


National Security Or Consumer Privacy? A Question Even Siri Couldn’T Answer, Rebecca Knight 2016 Contributing Member for IPCLJ (2015-2016), University of Cincinnati College of Law

National Security Or Consumer Privacy? A Question Even Siri Couldn’T Answer, Rebecca Knight

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.


Etw Corp. V. Jireb Publishing, Inc.: Turning An Athlete's Publicity Over To The Public, Michael J. Breslin 2016 University of Georgia School of Law

Etw Corp. V. Jireb Publishing, Inc.: Turning An Athlete's Publicity Over To The Public, Michael J. Breslin

Journal of Intellectual Property Law

No abstract provided.


Don't Take Religious Freedom Purely Personally: The Constitutional Case For Corporate Religious Free Exercise Rights, Michael Blissenbach 2016 University of St. Thomas, Minnesota

Don't Take Religious Freedom Purely Personally: The Constitutional Case For Corporate Religious Free Exercise Rights, Michael Blissenbach

University of St. Thomas Law Journal

No abstract provided.


The Digital Millennium Copyright Act And The First Amendment: Can They Co-Exist?, Rachel Simpson Shockley 2016 University of Georgia School of Law

The Digital Millennium Copyright Act And The First Amendment: Can They Co-Exist?, Rachel Simpson Shockley

Journal of Intellectual Property Law

No abstract provided.


Eldred V. Reno: An Example Of The Law Of Unintended Consequences, L. Ray Patterson 2016 University of Georgia School of Law

Eldred V. Reno: An Example Of The Law Of Unintended Consequences, L. Ray Patterson

Journal of Intellectual Property Law

No abstract provided.


Virtual Politics And The 2000 Election: Does First Amendment Protection Extend To Political Speech On The Internet?, Amity Hough Farrar 2016 University of Georgia School of Law

Virtual Politics And The 2000 Election: Does First Amendment Protection Extend To Political Speech On The Internet?, Amity Hough Farrar

Journal of Intellectual Property Law

No abstract provided.


A New Test To Reconcile The Right Of Publicity With Core First Amendment Values, Mark Joseph Stern, Nat Stern 2016 Florida State University College of Law

A New Test To Reconcile The Right Of Publicity With Core First Amendment Values, Mark Joseph Stern, Nat Stern

Journal of Intellectual Property Law

No abstract provided.


Incitement, Threats, And Constitutional Guarantees: First Amendment Protections Pre- And Post-Elonis, Mark Strasser 2016 Capital University Law School

Incitement, Threats, And Constitutional Guarantees: First Amendment Protections Pre- And Post-Elonis, Mark Strasser

University of New Hampshire Law Review

[Excerpt] "While the First Amendment to the United States Constitution protects the freedom of expression, individuals issuing threats or advocating illegal conduct may be subject to punishment. What constitutes proscribable speech has long been evolving, and the recent jurisprudence suggests that First Amendment protections are more robust for advocacy of illegal conduct than for threats. Elonis v. United States provided the Court with a golden opportunity to clarify First Amendment threat jurisprudence; however, those hoping for an illuminating analysis cannot help but be disappointed. Part I of this Article discusses the developing First Amendment jurisprudence regarding the regulation of incitement ...


Java: An Innovation In Software Development And A Dilemma In Copyright Law, Michael P. Doerr 2016 University of Georgia School of Law

Java: An Innovation In Software Development And A Dilemma In Copyright Law, Michael P. Doerr

Journal of Intellectual Property Law

No abstract provided.


Words Of Wisdom From The Founding Fathers: Why The Internal Revenue Service Should Let Churches Be, Sophia Benavides 2016 Pepperdine University

Words Of Wisdom From The Founding Fathers: Why The Internal Revenue Service Should Let Churches Be, Sophia Benavides

Journal of the National Association of Administrative Law Judiciary

Part I of this comment will explore the foundations of the First Amendment, as the Constitution is a framework on which the United States continues to rest. An examination of the events contributing and leading to the drafting of the Constitution will illuminate the rationale behind the tenets put forth by the Founding Fathers. More specifically, this comment will devote emphasis to the Founding Fathers’ objectives regarding the state in relation to religion. This emphasis will provide insight into the perspective of the Founders at the time of drafting the First Amendment. Furthermore, this section will illustrate how the separation ...


Will The Real Candidate Please Stand Up?: Political Parody On The Internet, Jon H. Oram 2016 Stanford University

Will The Real Candidate Please Stand Up?: Political Parody On The Internet, Jon H. Oram

Journal of Intellectual Property Law

No abstract provided.


Where's The Harm?: Free Speech And The Regulation Of Lies, Lyrissa Barnett Lidsky 2016 University of Florida Levin College of Law

Where's The Harm?: Free Speech And The Regulation Of Lies, Lyrissa Barnett Lidsky

Lyrissa Barnett Lidsky

False factual information has no First Amendment value, and yet the United States Supreme Court has accorded lies a measure of First Amendment protection. The First Amendment imposes something in the nature of a presumption against government interference in public discourse. This presumption is rooted in suspicion of the State's ability to distinguish facts from falsehoods as well as its motives for doing so. However, the presumption against regulation of false speech is not absolute. It can be overcome when verifiably false speech poses a direct threat of harm to individual interests. Unlike other countries, the United States has ...


To Show, Or Not To Show—That Was The Question: A Discussion Regarding The First Amendment Issues Implicated By The Sony Pictures Entertainment Cyberhack & The Interview Debacle, Chelsey Huso 2016 Pepperdine University

To Show, Or Not To Show—That Was The Question: A Discussion Regarding The First Amendment Issues Implicated By The Sony Pictures Entertainment Cyberhack & The Interview Debacle, Chelsey Huso

The Journal of Business, Entrepreneurship & the Law

No abstract provided.


Religious Disestablishment And The Fourteenth Amendment, Joseph M. Snee, S.J. 2016 St. John's University School of Law

Religious Disestablishment And The Fourteenth Amendment, Joseph M. Snee, S.J.

The Catholic Lawyer

No abstract provided.


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