First Amendment Commons^™

Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law, David Cole

Touro Law Review

Analogous to the Dreyfus affair, America's reaction to the events of September 11, 2001, subverted the rule of law to impose penalties on those it viewed as a threat. There are lessons to be learned from both the Dreyfus affair and America's reaction to September 11, 2001.

Thou Shalt Not?, Mark Strasser

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Emerging Technologies And Dwindling Speech, Jorge R. Roig

Jorge R Roig

Inspired in part by the recent holding in Bland v. Roberts that the use of the “Like” feature in Facebook is not covered by the Free Speech Clause, this article makes a brief foray into the approach that courts have taken in the recent past towards questions of First Amendment coverage in the context of emerging technologies. Specifically, this article will take a closer look at how courts have dealt with the issue of functionality in the context of First Amendment coverage of computer source code. The analysis of this and other recent experiences, when put in a larger context ...

Does Cutter V. Wilkinson Change The Analysis Of Mandated Dui Treatment Programs?: A Critical Response, Eric L. Sherbine

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Accommodating Religion And Law In The Twenty-First Century, Andrew J. King

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Dui Treatment Programs And Religious Freedom: Does Cutter V. Wilkinson Change The Analysis?, Morris Jenkins, Brandene Moore, Eric Lambert, Alan Clarke

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Speech, Intent, And The Chilling Effect, Leslie Kendrick

William and Mary Law Review

Speaker’s intent requirements are a common but unremarked feature of First Amendment law. From the “actual malice” standard for defamation to the specific-intent requirement for incitement, many types of expression are protected or unprotected depending on the state of mind with which they are said. To the extent that courts and commentators have considered why speaker’s intent should determine First Amendment protection, they have relied upon the chilling effect. On this view, imposing strict liability for harmful speech, such as defamatory statements, would overdeter, or chill, valuable speech, such as true political information. Intent requirements are necessary prophylactically ...

The Price Of Porn & Pugilism: Reconciling Brown V. Entertainment Merchants Association With Ginsberg V. New York Through A Media-Specific Approach, Dennis A. Demarco

William & Mary Journal of Women and the Law

No abstract provided.

When The Classroom Is Not In The Schoolhouse: Applying Tinker To Student Speech At Online Schools, Brett T. Macintyre

Seattle University Law Review

Despite the overwhelming increase in students’ Internet use and the growing popularity of online public schools, the United States Supreme Court has never addressed how, or if, schools can discipline students for disruptive online speech without violating the students’ First Amendment rights. What the Supreme Court has addressed is how school administrators can constitutionally discipline students within traditional schools. In a landmark decision, Tinker v. Des Moines Independent Community School District, the Supreme Court announced the now famous principle that students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” Still, the Court ...

Section 501(C)(4) Advocacy Organizations: Political Candidate-Related And Other Partisan Activities In Furtherance Of The Social Welfare, Terence Dougherty

Seattle University Law Review

In the wake of the 2012 presidential election, tax and political law lawyers are left with a number of unanswered questions concerning the political activities of tax-exempt organizations. Despite the importance of these questions, there are striking gaps in the authority of federal tax law governing the conduct of political candidate and other partisan-related activities by tax-exempt organizations. Assuming activities in furtherance of partisan interests are activities that support private interests, I consider what this authority may tell us about the permissibility of Section 501(c)(4) organizations engaging in partisan political activities and having as a constitutive purpose a ...

Performance Anxiety: Copyright Embodied And Disembodied, Rebecca Tushnet

Georgetown Law Faculty Publications and Other Works

The primary economic and cultural significance of copyright today comes from works and rights that weren’t contemplated by the Framers of the Constitution’s Copyright Clause. Performance—both as protected work and as right—is where much of copyright’s expansion has had its greatest impact, as new technologies have made it possible to fix performances in records and films and as cultural change has propelled recorded music and audiovisual works to the forefront of the copyright industries. Yet copyright has never fully conceptualized performance, and this has led to persistent confusion about what copyright protects.

One key problem ...

Lindros V. Governing Board Of Torrance Unified School District , Patrick Callahan

Pepperdine Law Review

No abstract provided.

Comment: First Amendment Rights Of Prisoners To Have Access To The News Media In Relation To Administrative Policy Bans Upon Such Access , Sharon Hass

Pepperdine Law Review

No abstract provided.

Sarong Gals: Green Light For The Red Light Abatement Law, Donald Lewis Briggs

Pepperdine Law Review

No abstract provided.

California V. Larue: The Demise Of The “Bottomless” Bar , Doris M. Felman

Pepperdine Law Review

No abstract provided.

Losing The Struggle To Define The Proper Balance Between The Law Of Defamation And The First Amendment - Gertz V. Robert Welch, Inc.: One Step Forward, Two Steps Back, Douglas B. Large, Kristopher Kallman

Pepperdine Law Review

No abstract provided.

Excessive Entanglement: Development Of A Guideline For Assessing Acceptable Church-State Relationships , James M. Zoetewey

Pepperdine Law Review

No abstract provided.

The California Approach To The Yielding Of The Newsman's Shield Law, Ronnie Schwartz

Pepperdine Law Review

No abstract provided.

The Judicial Politics Of Obscenity , Robert Rosenblum

Pepperdine Law Review

No abstract provided.

Book Review - Schauer: The Law Of Obscenity , James M. Mcgoldrick

Pepperdine Law Review

No abstract provided.