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A Missed Opportunity To Clarify Students' First Amendment Rights In The Digital Age, Elizabeth Shaver 2017 The University of Akron

A Missed Opportunity To Clarify Students' First Amendment Rights In The Digital Age, Elizabeth Shaver

Akron Law Publications

In the last decade, the federal circuit courts have grappled with the issue whether, and to what extent, school officials constitutionally may discipline students for their off-campus electronic speech. Before 2015, three federal circuit courts had extended school authority to off-campus electronic speech by applying a vague test that allows school officials to reach far beyond the iconic “schoolhouse gate” referenced in the Supreme Court’s landmark decision in Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969) Two other federal circuits had avoided the issue altogether by deciding the cases before them on other grounds ...


Recent Applications Of The Supreme Court's Hands-Off Approach To Religious Doctrine: From Hosanna-Tabor And Holt To Hobby Lobby And Zubik, Samuel J. Levine 2017 Touro Law Center

Recent Applications Of The Supreme Court's Hands-Off Approach To Religious Doctrine: From Hosanna-Tabor And Holt To Hobby Lobby And Zubik, Samuel J. Levine

Scholarly Works

In each of the past four terms, the United States Supreme Court has decided a case with important implications for the interpretation and application of the Religion Clauses of the United States Constitution: Hosanna-Tabor Evangelical Lutheran Church & Sch. v. EEOC, Burwell v. Hobby Lobby, Inc., Holt v. Hobbs, and, most recently, Zubik v. Burwell. Although the Court’s decisions in these cases addressed—and seemed to resolve—a number of questions central to Free Exercise and Establishment Clause jurisprudence, including recognition of the “ministerial exception” and religious rights of a corporate entity, the decisions left a number of questions unanswered ...


Access To Communication In United States Prisons: Reducing Recidivism Through Expanded Communication Programs With Inmates, Lilie Gross 2016 University of Puget Sound

Access To Communication In United States Prisons: Reducing Recidivism Through Expanded Communication Programs With Inmates, Lilie Gross

Politics & Government Undergraduate Theses

The need for better communication systems in prisons is dire and will reduce recidivism rates in the United States. Not only is communication via phone lines extremely expensive and corrupt, it is almost impossible. Inmates in United States Prisons need this availability and option to communicate with their families and maintain outside relationships. While maintaining healthy and positive relationships is good for inmate's mental health, it also decreases the risk of recidivism. This paper aims to highlight the benefits of phone communication and relationships between inmates and family on the outside for it will decrease the 50% recidivism rate ...


Sit-In Conduct Held Constitutionally Protected, 2016 St. John's University School of Law

Sit-In Conduct Held Constitutionally Protected

The Catholic Lawyer

No abstract provided.


Obscenity - A Re-Evaluation, 2016 St. John's University School of Law

Obscenity - A Re-Evaluation

The Catholic Lawyer

No abstract provided.


New York Times V. Sullivan - A Reappraisal, 2016 St. John's University School of Law

New York Times V. Sullivan - A Reappraisal

The Catholic Lawyer

No abstract provided.


Free Speech & Disparaging Trademarks, Ned Snow 2016 University of South Carolina School of Law

Free Speech & Disparaging Trademarks, Ned Snow

Boston College Law Review

Speech law has silenced trademark. In In re Tam, the Federal Circuit ruled that the First Amendment requires Congress to grant trademark protection for disparaging speech. More specifically, the Federal Circuit held unconstitutional the provision of the Federal Lanham Act that denies trademark protection for marks that disparage. The Federal Circuit’s ruling, however, is not the final word on the issue. The Supreme Court has agreed to hear the Tam case. This Article argues against the Federal Circuit decision. As illustrated by the five different opinions from the en banc panel, the complexities of speech law easily lead to ...


The Lawyer As Public Figure For First Amendment Purposes, Alex B. Long 2016 University of Tennessee College of Law

The Lawyer As Public Figure For First Amendment Purposes, Alex B. Long

Boston College Law Review

Should lawyers be treated as public figures for purposes of defamation claims and, therefore, be subjected to a higher evidentiary standard of actual malice under the Supreme Court’s decision in New York Times Co. v. Sullivan? The question of whether lawyers should be treated as public figures raises broad questions about the nature of defamation law and the legal profession. By examining the Supreme Court’s defamation jurisprudence through the lens of cases involving lawyers as plaintiffs, one can see the deficiencies and inconsistencies in the Court’s opinions more clearly. And by examining the Court’s defamation cases ...


Ulysses: A Mighty Hero In The Fight For Freedom Of Expression, Marc J. Randazza 2016 University of Massachusetts School of Law

Ulysses: A Mighty Hero In The Fight For Freedom Of Expression, Marc J. Randazza

University of Massachusetts Law Review

James Joyce’s Ulysses was a revolutionary novel, and this much is common knowledge. What is not common knowledge is how useful Ulysses was in pushing the boundaries of freedom of expression. This masterpiece of literature opened the door for modern American free speech jurisprudence, but in recent years has become more of an object of judicial scorn. This Article seeks to educate legal scholars as to the importance of the novel, and attempts to reverse the anti-intellectual spirit that runs through modern American jurisprudence, where the novel is now more used as an object of mockery, or as a ...


Reconsidering Gobitis: An Exercise In Presidential Leadership, Robert L. Tsai 2016 American University

Reconsidering Gobitis: An Exercise In Presidential Leadership, Robert L. Tsai

Robert L Tsai

In June of 1940, the Supreme Court ruled 8-1 in Minersville School District v. Gobitis that the First Amendment posed no barrier to the punishment of two school-age Jehovah's Witnesses who refused to pay homage to the American flag. Three years later, the Justices reversed themselves in West Virginia State Board of Education v. Barnette. This sudden change has prompted a host of explanations. Some observers have stressed changes in judicial personnel in the intervening years; others have pointed to the wax and wane of general anxieties over the war; still others have emphasized the sympathy-inspiring acts of terror ...


Sanitizing Cyberspace: Obscenity, Miller,And The Future Of Public Discourse On The Intemet, John Tehranian 2016 University of Utah, S.J. Quinney College of Law

Sanitizing Cyberspace: Obscenity, Miller,And The Future Of Public Discourse On The Intemet, John Tehranian

Journal of Intellectual Property Law

No abstract provided.


Politics At The Pulpit: Tax Benefits, Substantial Burdens, And Institutional Free Exercise, Lloyd Hitoshi Mayer 2016 Notre Dame Law School

Politics At The Pulpit: Tax Benefits, Substantial Burdens, And Institutional Free Exercise, Lloyd Hitoshi Mayer

Lloyd Hitoshi Mayer

More than fifty years ago, Congress enacted a prohibition against political campaign intervention for all charities, including churches and other houses of worship, as a condition for receiving tax deductible contributions. Yet the IRS has never taken a house of worship to court for alleged violation of the prohibition through political comments from the pulpit, presumably at least in part because of concerns about the constitutionality of doing so. This decision is surprising, because a careful review of Free Exercise Clause case law - both before and after the landmark Employment Division v. Smith decision - reveals that the prohibition almost certainly ...


Pornography As Pollution, John C. Nagle 2016 Notre Dame Law School

Pornography As Pollution, John C. Nagle

John Copeland Nagle

Pornography is often compared to pollution. But little effort has been made to consider what it means to describe pornography as a pollution problem, even as many legal scholars have concluded that the law has failed to control internet pornography. Opponents of pornography maintain passionate convictions about how sexually-explicit materials harm both those who are exposed to them and the broader cultural environment. Viewers of pornography may generally hold less fervent beliefs, but champions of free speech and of a free internet object to anti-pornography regulations with strong convictions of their own. The challenge is how to address the widespread ...


Chafee On Law And Freedom Of Speech, Roy Lechtreck 2016 St. John's University School of Law

Chafee On Law And Freedom Of Speech, Roy Lechtreck

The Catholic Lawyer

No abstract provided.


The First Amendment And Canon Law, Brendan F. Brown 2016 St. John's University School of Law

The First Amendment And Canon Law, Brendan F. Brown

The Catholic Lawyer

No abstract provided.


Narcotics Statute Ruled Inapplicable To Religious Use Of Peyote, 2016 St. John's University School of Law

Narcotics Statute Ruled Inapplicable To Religious Use Of Peyote

The Catholic Lawyer

No abstract provided.


Redeeming Social Importance Held Decisive In Determining Question Of Obscenity, 2016 St. John's University School of Law

Redeeming Social Importance Held Decisive In Determining Question Of Obscenity

The Catholic Lawyer

No abstract provided.


Loyalty Oath Held Unconstitutionally Vague, 2016 St. John's University School of Law

Loyalty Oath Held Unconstitutionally Vague

The Catholic Lawyer

No abstract provided.


Obscenity Control And Minors - The Case For A Separate Standard, Edward T. Fagan 2016 St. John's University School of Law

Obscenity Control And Minors - The Case For A Separate Standard, Edward T. Fagan

The Catholic Lawyer

No abstract provided.


Recent Applications Of The Supreme Court's Hands-Off Approach To Religious Doctrine: From Hosanna-Tabor And Holt To Hobby Lobby And Zubik, Samuel J. Levine 2016 Touro Law Center

Recent Applications Of The Supreme Court's Hands-Off Approach To Religious Doctrine: From Hosanna-Tabor And Holt To Hobby Lobby And Zubik, Samuel J. Levine

Samuel J. Levine

In each of the past four terms, the United States Supreme Court has decided a case with important implications for the interpretation and application of the Religion Clauses of the United States Constitution: Hosanna-Tabor Evangelical Lutheran Church & Sch. v. EEOC, Burwell v. Hobby Lobby, Inc., Holt v. Hobbs, and, most recently, Zubik v. Burwell. Although the Court’s decisions in these cases addressed—and seemed to resolve—a number of questions central to Free Exercise and Establishment Clause jurisprudence, including recognition of the “ministerial exception” and religious rights of a corporate entity, the decisions left a number of questions unanswered ...


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