University of Missouri School of Law
College of William & Mary Law School
Cornell University Law School
Pacific McGeorge School of Law
Boston College Law School
University of Maryland Francis King Carey School of Law
Barry University School of Law
Yale Law School
John Marshall Law School
Fordham University School of Law
Marijuana Business Attorneys And The Professional Deference Standard,
2019
University of Arkansas, Fayetteville
Marijuana Business Attorneys And The Professional Deference Standard, Andrew Dixon
Arkansas Law Review
Imagine that you practice as an attorney in the State of Arkansas. A client solicits your advice about opening a marijuana dispensary or cultivation center. The client might want you to assist him in filing a dispensary application with the State. On the other hand, she might want you to negotiate a commercial lease or to provide services to ensure compliance with municipal zoning laws. Although Arkansas voters approved a constitutional amendment permitting medical marijuana sales, you provide a clear warning to your client: possessing, manufacturing, selling, and distributing marijuana remains a federal crime. After these precautions, however, you proceed ...
Categorizing Wayne's World: The Public Forum Doctrine And Public Access Channels,
2019
Boston College Law School
Categorizing Wayne's World: The Public Forum Doctrine And Public Access Channels, Michael Molstad
Boston College Law Review
On February 9, 2018, the United States Court of Appeals for the Second Circuit held, in Halleck v. Manhattan Community Access Corp., that a public access channel administered by the Manhattan Community Access Corporation and three of its employees was a public forum. In doing so, the court determined that a complaint against Manhattan Community Access Corporation and those three employees sufficiently alleged state action. The legal status of public access channels has been unsettled since 1996, when the Supreme Court explicitly chose not to decide whether public access channels were public forums in Denver Area Educational Telecommunications Consortium v ...
Hush Don't Say A Word: Safeguarding Student's Freedom Of Expression In The Trump Era,
2019
University of Louisville, Louis D. Brandeis School of Law
Hush Don't Say A Word: Safeguarding Student's Freedom Of Expression In The Trump Era, Laura R. Mcneal
Georgia State University Law Review
The controversy surrounding NFL player Colin Kaepernick’s act of kneeling during the national anthem in protest of police brutality against people of color continues to permeate public discourse. In March 2017, President Trump referenced Colin Kaepernick’s symbolic act during a rally in Louisville, Kentucky, in an effort to illustrate his strong opposition to anyone kneeling during the national anthem. In this speech, President Trump stated that although many NFL franchise owners were interested in signing Colin Kaepernick, many were afraid of receiving a nasty tweet from him. Likewise, in another speech, President Trump stated, “I think it’s ...
No Place For Speech Zones: How Colleges Engage In Expressive Gerrymandering,
2019
Georgia State University College of Law
No Place For Speech Zones: How Colleges Engage In Expressive Gerrymandering, A. Celia Howard
Georgia State University Law Review
This note takes a critical look at the shortcomings of the current tests applied to speech zone litigation as well as the constitutional violations that occur when public schools carve out speech areas. Part I examines the evolution of First Amendment law in education, with a focus on university free speech zones. Part II analyzes the convoluted First Amendment jurisprudence, suggesting that the time, place, and manner test, typically used in conjunction with a forum analysis when examining the constitutionality of speech zones, allows universities to practice what is known as “expressive gerrymandering.” Finally, Part III proposes that courts eliminate ...
Likes And Retweets Can't Save Your Job: Public Employee Privacy, Free Speech, And Social Media,
2019
University of St. Thomas, Minnesota
Likes And Retweets Can't Save Your Job: Public Employee Privacy, Free Speech, And Social Media, Frank E. Langan
University of St. Thomas Law Journal
No abstract provided.
Free Speech On The Law School Campus: Is It The Hammer Or The Wrecking Ball That Speaks?,
2019
University of St. Thomas, Minnesota
Free Speech On The Law School Campus: Is It The Hammer Or The Wrecking Ball That Speaks?, Christopher J. Roederer
University of St. Thomas Law Journal
No abstract provided.
The Anti-Coddling Narrative And Campus Speech,
2019
University of St. Thomas School of Law
The Anti-Coddling Narrative And Campus Speech, Rob Kahn
University of St. Thomas Law Journal
No abstract provided.
When You Give A Terrorist A Twitter: Holding Social Media Companies Liable For Their Support Of Terrorism,
2019
J.D. Candidate, Pepperdine University School of Law
When You Give A Terrorist A Twitter: Holding Social Media Companies Liable For Their Support Of Terrorism, Anna Elisabeth Jayne Goodman
Pepperdine Law Review
In the electronic age, the internet—and—social media specifically, can be a tool for good but, abused and unchecked, can lead to great harm. Terrorist organizations utilize social media as a means of recruiting and training new members, urging them to action, and creating public terror. These platforms serve as the catalyst for equipping the growing number of “lone wolf” attackers taking action across the United States. Under civil liability provisions created under JASTA and the ATA, material supporters of terrorism can be held liable for their actions, and with the key role social media sites now play in ...
Stretching The First Amendment: Religious Freedom And Its Constitutional Limits Within The Adoption Sector,
2019
J.D. Candidate, Pepperdine University School of Law
Stretching The First Amendment: Religious Freedom And Its Constitutional Limits Within The Adoption Sector, Tracy Smith
Pepperdine Law Review
The Constitution promises liberty to all within its reach, a liberty that includes certain specific rights that allow persons, within a lawful realm, to define and express their identity.
Paying The Piper But Not Calling The Tune: Litigation Financing And Professional Independence,
2019
Cornell Law School
Paying The Piper But Not Calling The Tune: Litigation Financing And Professional Independence, W. Bradley Wendel
Akron Law Review
Most commercial litigation financing agreements are designed to create distance between the funders of the litigation and legal counsel. Our legal system demands that third party litigation financiers refrain from interfering with a client’s decisions in their matter, and traditional third-party litigation financing is merely a passive profit-making opportunity. There are cases, however, where the litigation financier is not interested in making a profit, but instead wishes to participate in the litigation for political, ideological, or personal reasons. In this article, I will explore whether what I call “interested litigation financing” is an exercise of First Amendment rights or ...
Rwu First Amendement Blog: Jared Goldstein's Blog: The First Amendment And The Foxy Lady 01-08-2019,
2019
Roger Williams University School of Law
Rwu First Amendement Blog: Jared Goldstein's Blog: The First Amendment And The Foxy Lady 01-08-2019, Jared A. Goldstein
Law School Blogs
No abstract provided.
A Piece Of Cake Or Religious Expression: Masterpiece Cakeshop And The First Amendment,
2019
University of Nebraska College of Law
A Piece Of Cake Or Religious Expression: Masterpiece Cakeshop And The First Amendment, Richard F. Duncan
College of Law, Faculty Publications
Sadly, religious liberty has become a matter of great controversy and division in our society. Although not so many years ago there was a nearly unanimous, bi-partisan consensus supporting the legal protection of religious liberty from laws substantially burdening the free exercise of religion, irreconcilable differences among us over contraception, abortion, sexuality, and the nature of marriage have made religious liberty a divisive partisan issue. Although most religious liberty cases concern religious minorities whose religiously-motivated conduct has been disregarded “by an insensitive majority,” a handful of cases involving Christian-owned businesses and ministries claiming a religious liberty right to refuse to ...
Political Speech In The Armed Forces: Shouting Fire In A Crowded Cyberspace,
2019
Washington University in St. Louis
Political Speech In The Armed Forces: Shouting Fire In A Crowded Cyberspace, Elliott Hughes
Washington University Jurisprudence Review
A staple of the American version of democracy is civilian control of the military: we are uncomfortable with politicization of the Armed Forces, and military and other federal laws restrict the political expression of servicemembers (“SMs”) in the Armed Forces, whether they are active- duty members or National Guard or Reserves serving on active duty. These restrictions, while well-intentioned to prevent actual or apparent political partisanship or bias within the military, have the undesired effect of deterring SMs from otherwise healthy political expression. With the advent of the internet and proliferation of social media use, questions regarding SM status and ...
Redefining Workplace Speech After Janus,
2019
Northwestern Pritzker School of Law
Redefining Workplace Speech After Janus, Theo A. Lesczynski
Northwestern University Law Review
We have a First Amendment right to criticize the government. But this freedom does not translate into a right to criticize one’s boss even if, as for millions of Americans, one’s boss happens to be a government employer. Public employee speech doctrine has long established wide latitude for public employers to supervise their workers. Employees must show at the threshold that their speech was on a matter of public concern and not an internal workplace matter. The Supreme Court’s pronouncements over the last decade in a related doctrinal area, however, have unsettled the line demarcating workplace speech ...
Transborder Speech,
2019
University of Alabama Hugh F. Culverhouse, Jr. School of Law
Transborder Speech, Ronald J. Krotoszynski Jr.
Notre Dame Law Review
In an increasingly globalized marketplace of ideas, First Amendment law and theory must recognize that the freedom of speech does not end at the water’s edge. Simply put, the locus of expressive activity should not prefigure the government’s ability to engage in censorship. Nevertheless, under current First Amendment law and practice, the accident of geography may serve as a constitutionally acceptable basis for content-based censorship of speech. If, as the Supreme Court argued with such ferocity in Citizens United, the value of speech to an audience does not depend on the speaker’s identity or motive for speaking ...
"Tinkering" With Student Rights: School Walkouts And The Implications Of Discipline Practice And Policy On Students' Right To Protest,
2019
Claremont Colleges
"Tinkering" With Student Rights: School Walkouts And The Implications Of Discipline Practice And Policy On Students' Right To Protest, Hannah Weissler
Scripps Senior Theses
In this study, I examine the extent to which students’ rights to free speech and expression were violated in response to the nationwide school walkouts that took place during the spring of 2018. Students hold the right to political speech and expression under the landmark Supreme Court Case, Tinker v. Des Moines (1969). However, the rights students maintain to participate in protest during school hours is somewhat unclear. Using a two-pronged case study analysis, I explore the question of student rights and potential violations in the face of protest through examining school disciplinary responses alongside disciplinary policy and disciplinary policy ...
Legislator-Led Prayer: A Harmless Historical Tradition Or An Unconstitutional Establishment Of Religion?,
2019
American University Washington College of Law
Legislator-Led Prayer: A Harmless Historical Tradition Or An Unconstitutional Establishment Of Religion?, Krista Ellis
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Fiduciary Blind Spot: The Failure Of Institutional Investors To Prevent The Illegitimate Use Of Working Americans' Savings For Corporate Political Spending,
2018
University of Pennsylvania
Fiduciary Blind Spot: The Failure Of Institutional Investors To Prevent The Illegitimate Use Of Working Americans' Savings For Corporate Political Spending, Leo E. Strine Jr.
Faculty Scholarship at Penn Law
For decades, American workers have been subjected to increasing pressure to become forced capitalists, in the sense that to provide for retirement for themselves, and to pay for college for their children, they must turn part of their income every month over to mutual funds who participate in 401(k) and 529 programs. These “Worker Investors” save for the long term, often hold portfolios that are a proxy for the entire economy, and depend on the economy’s ability to generate good jobs and sustainable growth in order for them to be able to have economic security. In recent years ...
Rwu First Amendment Blog: David Logan's Blog: Recognizing The Free Press In The Crosshairs Across The Globe 12-12-2018,
2018
Roger Williams University School of Law
Rwu First Amendment Blog: David Logan's Blog: Recognizing The Free Press In The Crosshairs Across The Globe 12-12-2018, David A. Logan
Life of the Law School (1993- )
No abstract provided.
The Future Of Freedom Of Expression Online,
2018
Duke Law
The Future Of Freedom Of Expression Online, Evelen Mary Aswad
Duke Law & Technology Review
Should social media companies ban Holocaust denial from their platforms? What about conspiracy theorists that spew hate? Does good corporate citizenship mean platforms should remove offensive speech or tolerate it? The content moderation rules that companies develop to govern speech on their platforms will have significant implications for the future of freedom of expression. Given that the prospects for compelling platforms to respect users’ free speech rights are bleak within the U.S. system, what can be done to protect this important right? In June 2018, the United Nations’ top expert for freedom of expression called on companies to align ...
