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
Packingham V. North Carolina,
2019
Ohio Northern University Pettit College of Law
Packingham V. North Carolina, Madeleine Burnette-Mcgrath
Ohio Northern University Law Review
No abstract provided.
Don't Bring A Cad File To A Gun Fight: A Technological Solution To The Legal And Practical Challenges Of Enforcing Itar On The Internet,
2019
Fordham University School of Law
Don't Bring A Cad File To A Gun Fight: A Technological Solution To The Legal And Practical Challenges Of Enforcing Itar On The Internet, Catherine Tremble
Fordham Law Review Online
This Essay begins by outlining Cody Wilson’s motivation to found his organization, Defense Distributed, and the organization’s progress toward its goals. Then, Part II provides a brief overview of the protracted legal battle between Wilson and the State Department over the right to publish Computer-Aided Design (CAD) files on the internet that enable the 3D printing of guns and lower receivers. Part III.A takes a brief look at whether these CAD files are rightly considered speech at all and, if so, what level of protection they might receive. Part III.B then addresses the problem of even ...
Copyright Policy As Catalyst And Barrier To Innovation And Free Expression,
2019
The Catholic University of America, Columbus School of Law
Copyright Policy As Catalyst And Barrier To Innovation And Free Expression, Amanda Reid
Catholic University Law Review
At its core, copyright is an innovation policy, a competition policy, and a free expression policy. Copyright seeks to balance incentivizing a public good with providing a private interest. Copyright’s purpose to catalyze creative expression and innovation is canonical; creativity and innovation are synergetic. Copyright is a means of promoting progress; copyright is not an end in itself. Much like freedom of expression and new innovations are not ends in themselves, copyright protection is not for its own sake. Freedom of expression is often heralded as a means of fostering democratic self-governance, truth, and happiness. Innovation is seen as ...
The Scrying Game: The First Amendment, The Rise Of Spiritualism, And State Prohibition And Regulation Of The Crafty Sciences, 1848-1944,
2019
Louisiana State University Law Center
The Scrying Game: The First Amendment, The Rise Of Spiritualism, And State Prohibition And Regulation Of The Crafty Sciences, 1848-1944, Christine Corcos
Christine A. Corcos
No abstract provided.
Seeing It Coming Since 1945: State Bans And Regulations Of Crafty Sciences Speech And Activity,
2019
Louisiana State University Law Center
Seeing It Coming Since 1945: State Bans And Regulations Of Crafty Sciences Speech And Activity, Christine Corcos
Christine A. Corcos
No abstract provided.
Brief For Professor Kent Greenfield As Amicus Curiae In Support Of Respondents, State Of Washington Vs. Arlene's Flowers And Ingersoll Vs. Arlene's Flowers,
2019
Boston College Law School
Brief For Professor Kent Greenfield As Amicus Curiae In Support Of Respondents, State Of Washington Vs. Arlene's Flowers And Ingersoll Vs. Arlene's Flowers, Kent Greenfield
Boston College Law School Faculty Papers
This amicus curiae brief addresses a fundamental state-law premise of Appellants’ constitutional claims that has gone largely unexplored in the prior briefing: whether Arlene’s Flowers, a Washington for-profit corporation, may obtain an exemption from generally applicable laws based on the religious beliefs of a shareholder, Mrs. Stutzman. Citing the U.S. Supreme Court’s decisions in Burwell v. Hobby Lobby Stores and Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, Appellants assert that “Arlene’s free-exercise rights are synonymous with Mrs. Stutzman’s.” Those two cases, however, had nothing to do with Washington corporate law and took no stance ...
The "Uncontroversial" Controversy In Compelled Commercial Disclosures,
2019
Fordham University School of Law
The "Uncontroversial" Controversy In Compelled Commercial Disclosures, Lauren Fowler
Fordham Law Review
Federal and state administrative agencies increasingly advance public health goals through the use of mandatory disclosures, like warning labels on cigarettes, that are intended to both inform and influence consumer decisions. However, the standard for determining whether these requirements violate a commercial speaker’s First Amendment rights is unsettled. In Zauderer v. Office of Disciplinary Counsel, the U.S. Supreme Court adopted a test that defers to the government’s determination that the compelled disclosure of “factual and uncontroversial information” is justified. Since Zauderer was decided, lower courts have disagreed about the meaning of “uncontroversial.” A recent Supreme Court case ...
The Interdependent Relationship Of A Free Press And An Independent Judiciary In A Constitutional Democracy,
2019
McDermott Will & Emery
The Interdependent Relationship Of A Free Press And An Independent Judiciary In A Constitutional Democracy, Robert J. Cordy
Boston College Law Review
For nearly 240 years, we have recognized, at least constitutionally, that it is essential to the very existence of a constitutional democracy that there be an independent judiciary and a free press. What is not often appreciated is how dependent these two vital institutions are upon each other. Certainly, judges and journalists rarely think in such terms. But events occurring at home and around the world in fledgling and failing democracies should heighten our awareness and appreciation for their interdependence, and help us better understand the liberties and fundamental rights they protect.
Peace Cross Op-Ed Feb 2019.Pdf,
2019
Widener Law
Peace Cross Op-Ed Feb 2019.Pdf, Alan E. Garfield
Alan E Garfield
No abstract provided.
The "High" Life: The Regulation, Competitive Advantage, And Ethical Considerations Of Marijuana Advertising,
2019
University of Arkansas at Little Rock
The "High" Life: The Regulation, Competitive Advantage, And Ethical Considerations Of Marijuana Advertising, Casey Rockwell, Madeline Burke
Atlantic Marketing Association Proceedings
No abstract provided.
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 ...
Table Of Contents,
2019
Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Is Trolling Trump A Right Or A Privilege?: The Erroneous Finding In Knight First Amendment Institute At Columbia University V. Trump,
2019
Boston College Law School
Is Trolling Trump A Right Or A Privilege?: The Erroneous Finding In Knight First Amendment Institute At Columbia University V. Trump, Lauren Beausoleil
Boston College Law Review
On May 23, 2018, in Knight First Amendment Institute at Columbia University v. Trump, the United States District Court for the Southern District of New York considered whether the President of the United States violated the First Amendment rights of individuals by blocking them on Twitter. In doing so, the district court agreed with the plaintiffs’ allegations that blocking constituted impermissible viewpoint discrimination in the context of a public forum. Despite the long history of the public forum doctrine, the information age has presented new questions regarding the doctrine, and Knight First Amendment Institute marks the first instance in which ...
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 ...
Antidiscrimination Laws And The Administrative State: A Skeptic's Look At Administrative Constitutionalism,
2019
Antonin Scalia Law School, George Mason University
Antidiscrimination Laws And The Administrative State: A Skeptic's Look At Administrative Constitutionalism, David E. Bernstein
Notre Dame Law Review
This Article discusses why administrative agencies charged with enforcing antidiscrimination legislation while implicitly undertaking administrative constitutionalism tend to be inconsiderate of constitutional limitations on government authority in general, and especially of the limitations imposed by the First Amendment’s protection of freedom of expression.
To establish the existence and contours of the problem, Part I of this Article provides context by recounting several detailed examples of how federal, state, and local civil rights agencies have favored broad antidiscrimination enforcement over countervailing constitutional doctrines that impose limits on regulatory authority. These examples include the U.S. Department of Education’s Office ...
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.
