Open Access. Powered by Scholars. Published by Universities.®

First Amendment Commons

Open Access. Powered by Scholars. Published by Universities.®

3,441 Full-Text Articles 2,264 Authors 834,561 Downloads 92 Institutions

All Articles in First Amendment

Faceted Search

3,441 full-text articles. Page 1 of 85.

Etw Corp. V. Jireb Publishing, Inc.: Turning An Athlete's Publicity Over To The Public, Michael J. Breslin 2016 University of Georgia School of Law

Etw Corp. V. Jireb Publishing, Inc.: Turning An Athlete's Publicity Over To The Public, Michael J. Breslin

Journal of Intellectual Property Law

No abstract provided.


Don't Take Religious Freedom Purely Personally: The Constitutional Case For Corporate Religious Free Exercise Rights, Michael Blissenbach 2016 University of St. Thomas, Minnesota

Don't Take Religious Freedom Purely Personally: The Constitutional Case For Corporate Religious Free Exercise Rights, Michael Blissenbach

University of St. Thomas Law Journal

No abstract provided.


The Digital Millennium Copyright Act And The First Amendment: Can They Co-Exist?, Rachel Simpson Shockley 2016 University of Georgia School of Law

The Digital Millennium Copyright Act And The First Amendment: Can They Co-Exist?, Rachel Simpson Shockley

Journal of Intellectual Property Law

No abstract provided.


Eldred V. Reno: An Example Of The Law Of Unintended Consequences, L. Ray Patterson 2016 University of Georgia School of Law

Eldred V. Reno: An Example Of The Law Of Unintended Consequences, L. Ray Patterson

Journal of Intellectual Property Law

No abstract provided.


Virtual Politics And The 2000 Election: Does First Amendment Protection Extend To Political Speech On The Internet?, Amity Hough Farrar 2016 University of Georgia School of Law

Virtual Politics And The 2000 Election: Does First Amendment Protection Extend To Political Speech On The Internet?, Amity Hough Farrar

Journal of Intellectual Property Law

No abstract provided.


A New Test To Reconcile The Right Of Publicity With Core First Amendment Values, Mark Joseph Stern, Nat Stern 2016 Florida State University College of Law

A New Test To Reconcile The Right Of Publicity With Core First Amendment Values, Mark Joseph Stern, Nat Stern

Journal of Intellectual Property Law

No abstract provided.


Incitement, Threats, And Constitutional Guarantees: First Amendment Protections Pre- And Post-Elonis, Mark Strasser 2016 Capital University Law School

Incitement, Threats, And Constitutional Guarantees: First Amendment Protections Pre- And Post-Elonis, Mark Strasser

University of New Hampshire Law Review

[Excerpt] "While the First Amendment to the United States Constitution protects the freedom of expression, individuals issuing threats or advocating illegal conduct may be subject to punishment. What constitutes proscribable speech has long been evolving, and the recent jurisprudence suggests that First Amendment protections are more robust for advocacy of illegal conduct than for threats. Elonis v. United States provided the Court with a golden opportunity to clarify First Amendment threat jurisprudence; however, those hoping for an illuminating analysis cannot help but be disappointed. Part I of this Article discusses the developing First Amendment jurisprudence regarding the regulation of incitement ...


Java: An Innovation In Software Development And A Dilemma In Copyright Law, Michael P. Doerr 2016 University of Georgia School of Law

Java: An Innovation In Software Development And A Dilemma In Copyright Law, Michael P. Doerr

Journal of Intellectual Property Law

No abstract provided.


Words Of Wisdom From The Founding Fathers: Why The Internal Revenue Service Should Let Churches Be, Sophia Benavides 2016 Pepperdine University

Words Of Wisdom From The Founding Fathers: Why The Internal Revenue Service Should Let Churches Be, Sophia Benavides

Journal of the National Association of Administrative Law Judiciary

Part I of this comment will explore the foundations of the First Amendment, as the Constitution is a framework on which the United States continues to rest. An examination of the events contributing and leading to the drafting of the Constitution will illuminate the rationale behind the tenets put forth by the Founding Fathers. More specifically, this comment will devote emphasis to the Founding Fathers’ objectives regarding the state in relation to religion. This emphasis will provide insight into the perspective of the Founders at the time of drafting the First Amendment. Furthermore, this section will illustrate how the separation ...


Will The Real Candidate Please Stand Up?: Political Parody On The Internet, Jon H. Oram 2016 Stanford University

Will The Real Candidate Please Stand Up?: Political Parody On The Internet, Jon H. Oram

Journal of Intellectual Property Law

No abstract provided.


Where's The Harm?: Free Speech And The Regulation Of Lies, Lyrissa Barnett Lidsky 2016 University of Florida Levin College of Law

Where's The Harm?: Free Speech And The Regulation Of Lies, Lyrissa Barnett Lidsky

Lyrissa Barnett Lidsky

False factual information has no First Amendment value, and yet the United States Supreme Court has accorded lies a measure of First Amendment protection. The First Amendment imposes something in the nature of a presumption against government interference in public discourse. This presumption is rooted in suspicion of the State's ability to distinguish facts from falsehoods as well as its motives for doing so. However, the presumption against regulation of false speech is not absolute. It can be overcome when verifiably false speech poses a direct threat of harm to individual interests. Unlike other countries, the United States has ...


To Show, Or Not To Show—That Was The Question: A Discussion Regarding The First Amendment Issues Implicated By The Sony Pictures Entertainment Cyberhack & The Interview Debacle, Chelsey Huso 2016 Pepperdine University

To Show, Or Not To Show—That Was The Question: A Discussion Regarding The First Amendment Issues Implicated By The Sony Pictures Entertainment Cyberhack & The Interview Debacle, Chelsey Huso

The Journal of Business, Entrepreneurship & the Law

No abstract provided.


Religious Disestablishment And The Fourteenth Amendment, Joseph M. Snee, S.J. 2016 St. John's University School of Law

Religious Disestablishment And The Fourteenth Amendment, Joseph M. Snee, S.J.

The Catholic Lawyer

No abstract provided.


Dialogue On State Action, Martin A. Schwartz, Erwin Chemerinsky 2016 Touro Law School

Dialogue On State Action, Martin A. Schwartz, Erwin Chemerinsky

Touro Law Review

No abstract provided.


Supreme Court Section 1983 Developments: October 1998 Term, Martin A. Schwartz 2016 Touro Law Center

Supreme Court Section 1983 Developments: October 1998 Term, Martin A. Schwartz

Touro Law Review

No abstract provided.


A Response To Mr. Y'Barbo's Reply, L. Ray Patterson 2016 University of Georgia School of Law

A Response To Mr. Y'Barbo's Reply, L. Ray Patterson

Journal of Intellectual Property Law

No abstract provided.


On Legal Protection For Electronic Texts: A Reply To Professor Patterson And Judge Birch, Douglas Y'Barbo 2016 Fulbright & Jaworski L.L.P., Houston, Texas

On Legal Protection For Electronic Texts: A Reply To Professor Patterson And Judge Birch, Douglas Y'Barbo

Journal of Intellectual Property Law

No abstract provided.


Burning The Village To Roast The Pig: Congressional Attempt To Regulate "Indecency" On The Internet Rejected In Aclu V. Reno, James M. McGee 2016 University of Georgia School of Law

Burning The Village To Roast The Pig: Congressional Attempt To Regulate "Indecency" On The Internet Rejected In Aclu V. Reno, James M. Mcgee

Journal of Intellectual Property Law

No abstract provided.


Lawyer Speech In The Regulatory State, Renee Newman Knake 2016 Michigan State University College of Law

Lawyer Speech In The Regulatory State, Renee Newman Knake

Fordham Law Review

A lawyer’s speech as advisor and advocate not only holds First Amendment value for the client and for the public, but also for the functioning of American democracy. This is supported both by foundational values undergirding the First Amendment as well as Supreme Court doctrine. This Article builds upon that analysis to posit that lawyers for the regulatory state ought not to be treated as government employees for purposes of the First Amendment when engaged in speech about workplace conditions related to curbing abuse of power, corruption, or other illegality. While this position runs counter to the existing precedent ...


Property, Duress, And Consensual Relationships, David Blankfein-Tabachnick 2016 Michigan State University College of Law

Property, Duress, And Consensual Relationships, David Blankfein-Tabachnick

Michigan Law Review

Professor Seana Valentine Shiffrin has produced an exciting new book, Speech Matters: On Lying, Morality, and the Law. Shiffrin’s previous rigorous, careful, and morally sensitive work spans contract law, intellectual property, and the freedoms of association and expression. Speech Matters is in line with Shiffrin’s signature move: we ought to reform our social practices and legal and political institutions to, in various ways, address or accommodate moral values—here, a stringent moral prohibition against lying, a strident principle of promissory fidelity, that is, the principle that one ought to keep one’s promises, and the general value of ...


Digital Commons powered by bepress