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Speaker Discrimination: The Next Frontier Of Free Speech, Michael Kagan 2015 University of Nevada, Las Vegas -- William S. Boyd School of Law

Speaker Discrimination: The Next Frontier Of Free Speech, Michael Kagan

Scholarly Works

Citizens United v. FEC articulated a new pillar of free speech doctrine that is independent from the well-known controversies about corporate personhood and the role of money in elections. For the first time, the Supreme Court clearly said that discrimination on the basis of the identity of the speaker offends the First Amendment. Previously, the focus of free speech doctrine had been on the content and forum of speech, not on the identity of the speaker. This new doctrine has the potential to reshape free speech law far beyond the corporate speech and campaign finance contexts. This article explores the ...


Corporate Piety And Impropriety: Hobby Lobby's Extension Of Rfra Rights To For-Profit Corporations, Amy Sepinwall 2015 University of Pennsylvania

Corporate Piety And Impropriety: Hobby Lobby's Extension Of Rfra Rights To For-Profit Corporations, Amy Sepinwall

Amy J. Sepinwall

In Burwell v. Hobby Lobby, the Supreme Court held, for the first time, that the Religious Freedom Restoration Act (RFRA) applied to for-profit corporations and, on that basis, it allowed Hobby Lobby to omit otherwise mandated contraceptive coverage from its employee healthcare package. Critics argue that the Court’s novel expansion of corporate rights is fundamentally inconsistent with the basic principles of corporate law. In particular, they contend that the decision ignores the fact that the corporation, as an artificial entity, cannot exercise religion in its own right, and they decry the notion that the law might look through the ...


Free Expression, In-Group Bias, And The Court's Conservatives: A Critique Of The Epstein-Parker-Segal Study, Todd E. Pettys 2015 University of Iowa

Free Expression, In-Group Bias, And The Court's Conservatives: A Critique Of The Epstein-Parker-Segal Study, Todd E. Pettys

Todd E. Pettys

In a recent, widely publicized study, a prestigious team of political scientists concluded that there is strong evidence of ideological in-group bias among the Supreme Court’s members in First Amendment free-expression cases, with the current four most conservative justices being the Roberts Court’s worst offenders. Beneath the surface of the authors’ conclusions, however, one finds a surprisingly sizable combination of coding errors, superficial case readings, and questionable judgments about litigants’ ideological affiliations. Many of those problems likely flow either from shortcomings that reportedly afflict the Supreme Court Database (the data set that nearly always provides the starting point ...


The Case For Defamatory Opinion, Adam Lamparello 2014 SelectedWorks

The Case For Defamatory Opinion, Adam Lamparello

Adam Lamparello

The law should not allow revenge porn in the name of the First Amendment, just as it should not allow private citizens to purchase AK-47’s in the name of the Second Amendment. Citizens can abuse fundamental rights just as governments can infringe them. At some point, courts have to acknowledge that the First Amendment was not intended to give people a fundamental right to trash an individual’s reputation while seeking cover under the self-serving blanket of opinion and taste. It is one thing to stroll into a courthouse with a shirt that says Fuck the Draft, but quite ...


The Case For Defamatory Opinion, Adam Lamparello 2014 SelectedWorks

The Case For Defamatory Opinion, Adam Lamparello

Adam Lamparello

The law should not allow revenge porn in the name of the First Amendment, just as it should not allow private citizens to purchase AK-47’s in the name of the Second Amendment. Citizens can abuse fundamental rights just as governments can infringe them. At some point, courts have to acknowledge that the First Amendment was not intended to give people a fundamental right to trash an individual’s reputation while seeking cover under the self-serving blanket of opinion and taste. It is one thing to stroll into a courthouse with a shirt that says Fuck the Draft, but quite ...


Moral Panics And Body Cameras, Howard M. Wasserman 2014 Washington University in St. Louis

Moral Panics And Body Cameras, Howard M. Wasserman

Washington University Law Review Commentaries

This Commentary uses the lens of "moral panics" to evaluate public support for equipping law enforcement with body cameras as a response and solution to events in Ferguson, Missouri in August 2014. Body cameras are a generally good policy idea. But the rhetoric surrounding them erroneously treats them as the single guaranteed solution to the problem of excessive force and police-citizen conflicts, particularly by ignoring the limitations of video evidence and the difficult questions of implementing any body camera program. In overstating the case, the rhetoric of body cameras becomes indistinguishable from rhetoric surrounding responses to past moral panics.


Speak Up: Issue Advocacy In Increasingly Politicized Times, Sally Wagenmaker 2014 Pepperdine University

Speak Up: Issue Advocacy In Increasingly Politicized Times, Sally Wagenmaker

The Journal of Business, Entrepreneurship & the Law

This article first provides a brief primer on current constraints affecting Section 501(c)(3) and 501(c)(4) organizations' communications within the context of what has become known as “issue advocacy.” It then sets forth the problem of increasing politicization of nonprofits' issue advocacy activities. The article next evaluates related constitutional tensions for politically tinged issue advocacy, through the lens of the Supreme Court's free speech decisions. It concludes by addressing how the IRS's different content-based standards for issue advocacy are susceptible to abuse, are otherwise constitutionally suspect, and therefore warrant reform.


City Court, City Of Rochester, People V. Barton, Kerri Grzymala 2014 Touro College Jacob D. Fuchsberg Law Center

City Court, City Of Rochester, People V. Barton, Kerri Grzymala

Touro Law Review

No abstract provided.


Criminal Court, New York County, People V. James, Nicole Compas 2014 Touro College Jacob D. Fuchsberg Law Center

Criminal Court, New York County, People V. James, Nicole Compas

Touro Law Review

No abstract provided.


Appellate Division, First Department, For The People Theatres Of New York, Inc. V. City Of New York, Daphne Vlcek 2014 Touro College Jacob D. Fuchsberg Law Center

Appellate Division, First Department, For The People Theatres Of New York, Inc. V. City Of New York, Daphne Vlcek

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, Courtroom Television Network, Llc V. New York, Courtney Weinberger 2014 Touro College Jacob D. Fuchsberg Law Center

Court Of Appeals Of New York, Courtroom Television Network, Llc V. New York, Courtney Weinberger

Touro Law Review

No abstract provided.


The Cost To Carry: New York State’S Regulation On Firearm Registration, David D. Pelaez 2014 Touro College Jacob D. Fuchsberg Law Center

The Cost To Carry: New York State’S Regulation On Firearm Registration, David D. Pelaez

Touro Law Review

No abstract provided.


Defining The Line Between Constitutionally Protected Speech And True Threats: Can I Be Arrested For Being Annoying?, Allison E. Dolzani 2014 Touro College Jacob D. Fuchsberg Law Center

Defining The Line Between Constitutionally Protected Speech And True Threats: Can I Be Arrested For Being Annoying?, Allison E. Dolzani

Touro Law Review

No abstract provided.


Neutral Discrimination – Selective Enforcement Of Religiously Neutral Laws And The First Amendment, Jeffrey Gautsche 2014 Touro College Jacob D. Fuchsberg Law Center

Neutral Discrimination – Selective Enforcement Of Religiously Neutral Laws And The First Amendment, Jeffrey Gautsche

Touro Law Review

No abstract provided.


Speech Along The Atrocity Spectrum, Gregory S. Gordon 2014 University of Georgia School of Law

Speech Along The Atrocity Spectrum, Gregory S. Gordon

Georgia Journal of International & Comparative Law

No abstract provided.


Foreign Affairs And First Amendment Rights: Office Of Foreign Assets Control Prohibits Abc's Pan American Games Broadcast. Capital Cities/Abc, Inc. V. Brady, 740 F. Supp. 1007 (S.D.N.Y. June 29, 1990), Allison Sanford 2014 University of Georgia School of Law

Foreign Affairs And First Amendment Rights: Office Of Foreign Assets Control Prohibits Abc's Pan American Games Broadcast. Capital Cities/Abc, Inc. V. Brady, 740 F. Supp. 1007 (S.D.N.Y. June 29, 1990), Allison Sanford

Georgia Journal of International & Comparative Law

No abstract provided.


Who Says My Halloween Costume Is Offensive?, MarySheila McDonald 2014 La Salle University

Who Says My Halloween Costume Is Offensive?, Marysheila Mcdonald

Explorer Café

No abstract provided.


The Internet Is The New Public Forum: Why Riley V. California Supports Net Neutrality, Adam Lamparello 2014 SelectedWorks

The Internet Is The New Public Forum: Why Riley V. California Supports Net Neutrality, Adam Lamparello

Adam Lamparello

Technology has ushered civil liberties into the virtual world, and the law must adapt by providing legal protections to individuals who speak, assemble, and associate in that world. The original purposes of the First Amendment, which from time immemorial have protected civil liberties and preserved the free, open, and robust exchange of information, support net neutrality. After all, laws or practices that violate cherished freedoms in the physical world also violate those freedoms in the virtual world. The battle over net neutrality is “is absolutely the First Amendment issue of our time,” just as warrantless searches of cell phones were ...


Protecting Defamatory Fiction And Reader-Response Theory With Emphasis On The German Experience, Henry Ordower 2014 University of Georgia School of Law

Protecting Defamatory Fiction And Reader-Response Theory With Emphasis On The German Experience, Henry Ordower

Georgia Journal of International & Comparative Law

No abstract provided.


Finding An Appropriate Global Legal Paradigm For The Internet: United States And International Responses, Benjamin A. Perlman 2014 University of Georgia School of Law

Finding An Appropriate Global Legal Paradigm For The Internet: United States And International Responses, Benjamin A. Perlman

Georgia Journal of International & Comparative Law

No abstract provided.


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