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On The Categorical Approach To Free Speech – And The Protracted Failure To Delimit The True Threats Exception To The First Amendment, Wayne Batchis 2017 University of Delaware

On The Categorical Approach To Free Speech – And The Protracted Failure To Delimit The True Threats Exception To The First Amendment, Wayne Batchis

Pace Law Review

On June 1, 2015, the Supreme Court decided Elonis v. United States on statutory rather than constitutional grounds. In doing so, it turned away an important opportunity to provide needed clarification of true threats, a category of expression relegated to a lower level of protection by the Court almost a half-century ago. The categorical approach to free speech made its first explicit appearance in Supreme Court case law in 1942. Since that time, the Court has relied heavily on this method of constitutional interpretation, carving out discrete exceptions from the seemingly absolutist mandate of the First Amendment that Congress make ...


Conflict In The Courts: Obscenity Control & First Amendment Freedoms, Father Edward J. Berbysse, S.J. 2017 St. John's University School of Law

Conflict In The Courts: Obscenity Control & First Amendment Freedoms, Father Edward J. Berbysse, S.J.

The Catholic Lawyer

No abstract provided.


Religious Freedom In The United States: ‘When You Come To A Fork In The Road, Take It', Charles J. Russo 2017 University of Dayton

Religious Freedom In The United States: ‘When You Come To A Fork In The Road, Take It', Charles J. Russo

Charles J. Russo

As expansive as the Supreme Court’s view of the First Amendment religion clauses has been, its jurisprudence has demonstrated that its rulings do not always achieve the outcomes desired by proponents of religious freedom.3 From the perspective of supporters of religious freedom, this realization lends credence to the preceding wry comment by Justice Scalia. This article details the Court’s inconsistent treatment of Christianity, and people of faith broadly, especially in educational settings. These inconsistent judicial outcomes run the risk of increasingly marginalizing matters of faith and conscience in the public square.4 As discussed in this article ...


Freedom Of Information: Due Process Of The Right To Know, Luis Kutner 2017 St. John's University School of Law

Freedom Of Information: Due Process Of The Right To Know, Luis Kutner

The Catholic Lawyer

No abstract provided.


Elonis V. United States: Why The Supreme Court Punted On Free Speech, David Barney 2017 Pepperdine University

Elonis V. United States: Why The Supreme Court Punted On Free Speech, David Barney

Pepperdine Law Review

In Elonis v. United States, 135 S. Ct. 2001 (2015), the Supreme Court had a chance to interpret the boundaries of a federal statute forbidding threats transmitted in interstate or foreign commerce and to consider the constitutional implications of regulating such threats. In its statutory analysis, the Court hesitated to declare how the law should be applied, and instead, only provided guidance as to how it should not be. It likewise refrained from any further analysis on constitutional grounds entirely. This contest winning student case note explores the opinion in depth and comments on its potential implications.


Denial Of Harm: Sex Trafficking, Backpage, And Free Speech Absolutism, Jody Raphael 2017 DePaul University College of Law

Denial Of Harm: Sex Trafficking, Backpage, And Free Speech Absolutism, Jody Raphael

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


Doe V. University Of Michigan: Free Speech On Campus 25 Years Later, Len Niehoff 2017 University of Michigan Law School

Doe V. University Of Michigan: Free Speech On Campus 25 Years Later, Len Niehoff

University of Miami Law Review

No abstract provided.


A Critical Look At How Top Colleges Are Adjudicating Sexual Assault, Tamara Rice Lave 2017 University of Miami School of Law

A Critical Look At How Top Colleges Are Adjudicating Sexual Assault, Tamara Rice Lave

University of Miami Law Review

This Article examines the procedural protections afforded by the top American colleges and universities. After briefly situating these policies historically, it presents original research on the procedural protections provided by the top twenty universities, top ten liberal arts colleges, and top five historically black colleges as ranked by U.S. News and World Reports. In 2015, university administrators were contacted and asked a series of questions about the rights afforded to students, including the standard of proof, right to an adjudicatory hearing, right to confront and cross-examine witnesses, right to counsel, right to silence, and right to appeal. This Article ...


Censorship By Crying Wolf: Misclassifying Student Speech As Threats, Susan Kruth 2017 Foundation for Individual Rights in Education

Censorship By Crying Wolf: Misclassifying Student Speech As Threats, Susan Kruth

University of Miami Law Review

Freedom of expression is at risk at colleges and universities across the country. While campus administrators employ a number of strategies to censor speech they disfavor, this piece explores the trend of justifying censorship and punishment of expression by labeling it a “threat” and citing concerns about safety. In contrast to the kind of speech the Supreme Court has defined as a “true threat,” the expression at issue in the cases discussed here poses no safety risk, comprising political commentary, jokes, and pop culture references. Its punishment both trivializes actual dangers and chills campus discourse. Accordingly, it is imperative that ...


The Limits Of Education Purpose Limitations, Elana Zeide 2017 Princeton University

The Limits Of Education Purpose Limitations, Elana Zeide

University of Miami Law Review

While student privacy has been a public issue for half a century, its contours change in response to social norms, technological capabilities, and political ideologies. The Family Educational Rights and Privacy Act (FERPA) seeks to prevent inaccurate or inappropriate information about students from being incorporated into pedagogical, academic, and employment decisionmaking. It does so by con- trolling who can access education records and, broadly, for what purposes.

New education technologies take advantage of cloud computing and big data analytics to collect and share an unprecedented amount of information about students in class- rooms. Schools rely on outside, often for-profit, entities ...


Combatting Institutional Censorship Of College Journalists: The Need For A "Tailored Public Forum" Category To Best Protect Subsidized Student Newspapers, Nicole Comparato 2017 University of Miami Law School

Combatting Institutional Censorship Of College Journalists: The Need For A "Tailored Public Forum" Category To Best Protect Subsidized Student Newspapers, Nicole Comparato

University of Miami Law Review

College journalists are in a unique position. On one hand, they are typical college students, attending classes and cheering on the team at all the big games. On the other, they serve as investigative journalists, revealing the university’s deepest flaws on the front page of their newspaper. These roles should not be mutually exclusive, but at an alarming rate, universities are attempting to rid themselves of bad press by censoring their own campus newspapers.

This Note argues that universities can get away with this because of the current structure of the public forum doctrine. This doctrine determines the extent ...


Triggering Tinker: Student Speech In The Age Of Cyberharassment, Ari Ezra Waldman 2017 New York Law School

Triggering Tinker: Student Speech In The Age Of Cyberharassment, Ari Ezra Waldman

University of Miami Law Review

This essay challenges the common assumption that public schools have limited authority to regulate cyberbullying that originates and takes place off campus. That argument presumes a level of myopia, clarity, and literalism in the law that simply does not exist. First, even assuming it existed, a geographic requirement is an outdated creature of a pre-Internet age. Cyberbullying poses unique challenges to young people, educators, and schools not contemplated when the Court decided its student speech cases. Second, I argue that a campus presence requirement for regulating any kind of off-campus cyberspeech never really existed, so any suggestion to the contrary ...


Keynote Address, Justice John Paul Stevens (Ret.) 2017 University of Miami Law School

Keynote Address, Justice John Paul Stevens (Ret.)

University of Miami Law Review

No abstract provided.


Why You Should Doubt Reports That The First Amendment Would Protect Gen. Flynn From Prosecution Under The Logan Act, Timothy Zick 2017 William & Mary Law School

Why You Should Doubt Reports That The First Amendment Would Protect Gen. Flynn From Prosecution Under The Logan Act, Timothy Zick

Popular Media

No abstract provided.


Schools, Speech, And Smartphones: Online Speech And The Evolution Of The Tinker Standard, Aleaha Jones 2017 Duke Law

Schools, Speech, And Smartphones: Online Speech And The Evolution Of The Tinker Standard, Aleaha Jones

Duke Law & Technology Review

Under the Supreme Court’s holding in Tinker v. Des Moines Independent Community School District, public schools may only restrict student speech where the speech is reasonably forecasted to cause a “substantial and material disruption.” With online forums calling into question who may control speech and forecast its impact, the circuit courts have granted public schools broad authority to monitor, and punish, their students for online activity that occurs off-campus. The Supreme Court recently declined the opportunity to reverse this disturbing trend by denying certiorari for Bell v. Itawamba County. As a result, questions remain unanswered regarding students’ right to ...


Tort Vision For The New Millennium: Strengthening News Industry Standards As A Defense Tool In Law Suits Over Newsgathering Techniques Essay, Micahel W. Richards 2017 Fleishman & Walsh

Tort Vision For The New Millennium: Strengthening News Industry Standards As A Defense Tool In Law Suits Over Newsgathering Techniques Essay, Micahel W. Richards

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Newsroom: Slate: Goldstein On Travel Ban 02-17-2017, Jared A. Goldstein 2017 Roger Williams University School of Law

Newsroom: Slate: Goldstein On Travel Ban 02-17-2017, Jared A. Goldstein

Life of the Law School (1993- )

No abstract provided.


State-Supported Display Of Religious Symbols In The Public Space, Silvio Ferrari 2017 St. John's University School of Law

State-Supported Display Of Religious Symbols In The Public Space, Silvio Ferrari

Journal of Catholic Legal Studies

No abstract provided.


Trending @ Rwu Law: Professor Niki Kuckes's Post: 'Disparaging' Trademarks Meet The First Amendment 02-07-2017, Niki Kuckes 2017 Roger Williams University School of Law

Trending @ Rwu Law: Professor Niki Kuckes's Post: 'Disparaging' Trademarks Meet The First Amendment 02-07-2017, Niki Kuckes

Law School Blogs

No abstract provided.


Abraham Baldwin And The Establishment Clause, Dr. Mark J. Chadsey 2017 St. John's University School of Law

Abraham Baldwin And The Establishment Clause, Dr. Mark J. Chadsey

Journal of Catholic Legal Studies

No abstract provided.


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