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First Amendment, Fourth Estate, And Hot News: Misappropriation Is Not A Solution To The Journalism Crisis, Joseph A. Tomain 2012 Indiana University Maurer School of Law

First Amendment, Fourth Estate, And Hot News: Misappropriation Is Not A Solution To The Journalism Crisis, Joseph A. Tomain

Articles by Maurer Faculty

Journalism is a public good. The Framers understood the importance of a free press in a self-governing society and embedded a structural right for freedom of the press in the First Amendment. There is a journalism crisis. Symptoms of the crisis include layoffs of journalists, diminishing content in newspapers and shuttering of newspapers. The rise of online technologies has exacerbated the crisis, mainly by siphoning advertising revenue away from traditional news organizations to free classified advertisement websites such as Craigslist, search engines and myriad other non-journalistic online endeavors. The internet, however, is not the main cause of the journalism crisis ...


Contents, First Amendment Law Review 2012 University of North Carolina School of Law

Contents, First Amendment Law Review

First Amendment Law Review

No abstract provided.


Discrimination By And Against Religion, Martin E. Marty 2012 University of North Carolina School of Law

Discrimination By And Against Religion, Martin E. Marty

First Amendment Law Review

No abstract provided.


Treating Religion Differently, Melissa Rogers 2012 University of North Carolina School of Law

Treating Religion Differently, Melissa Rogers

First Amendment Law Review

No abstract provided.


Still A Threshold Question: Refining The Ministerial Exception Post-Hosanna-Tabor, Mark E. Chopko, Marissa Parker 2012 University of North Carolina School of Law

Still A Threshold Question: Refining The Ministerial Exception Post-Hosanna-Tabor, Mark E. Chopko, Marissa Parker

First Amendment Law Review

No abstract provided.


Joyner V. Forsyth County Board Of Commissioners: The Constitutionality Of Sectarian Legislative Prayer, Katherine Lewis Parker 2012 University of North Carolina School of Law

Joyner V. Forsyth County Board Of Commissioners: The Constitutionality Of Sectarian Legislative Prayer, Katherine Lewis Parker

First Amendment Law Review

No abstract provided.


Rluipa And Mosques: Enforcing A Fundamental Right In Challenging Times, Eric Treene 2012 University of North Carolina School of Law

Rluipa And Mosques: Enforcing A Fundamental Right In Challenging Times, Eric Treene

First Amendment Law Review

No abstract provided.


A First Amendment Analysis Of Anti-Sharia Initiatives, Asma T. Uddin, Dave Pantzer 2012 University of North Carolina School of Law

A First Amendment Analysis Of Anti-Sharia Initiatives, Asma T. Uddin, Dave Pantzer

First Amendment Law Review

No abstract provided.


Falsely Shouting Fire In A Global Theater: Emerging Complexities Of Transborder Expression, Timothy Zick 2012 William & Mary Law School

Falsely Shouting Fire In A Global Theater: Emerging Complexities Of Transborder Expression, Timothy Zick

Faculty Publications

We have entered an era in which potentially harmful expression can be distributed around the world in an instant. In the emerging global theater, speakers and audiences are connected through new and proliferating media; communicative space and time are compressed to an extraordinary degree; domestic expression can implicate national security and foreign affairs concerns; and a new model of global information dissemination is developing in which speakers are sometimes located beyond the jurisdiction of nations that may be harmed by their communications and disclosures.

This Article examines the First Amendment complexities associated with the dissemination of potentially harmful information in ...


Recovering The Assembly Clause, Timothy Zick 2012 William & Mary Law School

Recovering The Assembly Clause, Timothy Zick

Faculty Publications

No abstract provided.


Foia And The First Amendment: Representative Democracy And The People's Elusive "Right To Know", Barry Sullivan 2012 University of Maryland Francis King Carey School of Law

Foia And The First Amendment: Representative Democracy And The People's Elusive "Right To Know", Barry Sullivan

Maryland Law Review

No abstract provided.


Whistleblowing And Freedom Of Conscience: Towards A New Legal Analysis, Richard Haigh, Peter Bowal 2012 Osgoode Hall Law School of York University

Whistleblowing And Freedom Of Conscience: Towards A New Legal Analysis, Richard Haigh, Peter Bowal

Comparative Research in Law & Political Economy

Most of us have an instinctive understanding of what “whistleblowing” is: the act of alerting the public to scandal, danger, malpractice, corruption or other immoral or unethical behaviour. For a long time, whistleblowers were treated poorly – today, they are now acknowledged, and sometimes even admired, but there is still some way to go. We believe that a strongly developed and distinct freedom of conscience, as expressed in s. 2(a) of the Canadian Charter of Rights and Freedoms, could go some way towards achieving that goal. In law, however, conscience is often treated as inseparable from religion, without any meaningful ...


The Reach Of The Schoolhouse Gate: The Fate Of Tinker In The Age Of Digital Social Media, Mickey Lee Jett 2012 The Catholic University of America, Columbus School of Law

The Reach Of The Schoolhouse Gate: The Fate Of Tinker In The Age Of Digital Social Media, Mickey Lee Jett

Catholic University Law Review

No abstract provided.


The Coordination Conundrum, Catherine A. Hardee 2012 California Western School of Law

The Coordination Conundrum, Catherine A. Hardee

Faculty Scholarship

Justice Souter's oft-repeated quote aptly summarizes the function of strict standards of review in constitutional jurisprudence to protect unpopular speech from restrictions based on content-laden value judgments. While strict standards have their advantages, commentators have found fault with their rigidity and have questioned whether any decision-making process can, or should, be free of pragmatic considerations. This doctrinal discussion has been reinvigorated by two recent United States Supreme Court opinions. At the root of both cases was the Court's reliance on the distinction between coordinated and independent speech. This Article examines the validity of this divide and challenges the ...


Freedom Of Expression And Its Competitors, George C. Christie 2012 Duke Law School

Freedom Of Expression And Its Competitors, George C. Christie

Faculty Scholarship

The recognition of an increasing number of basic human rights, such as in the European Convention on Human Rights, has had the paradoxical effect of requiring courts in the common-law world to consider whether the extensive protection given by the common law to expression that was not false or misleading must be modified to accommodate these newly recognized basic rights. The most important of these newly recognized rights is the right of privacy, although expression has other competitors as well, such as what might be called a right to be spared the emotional trauma caused by abusive language. This article ...


Is Honor Tangible Property?, James Santiago 2012 University of Michigan Law School

Is Honor Tangible Property?, James Santiago

University of Michigan Journal of Law Reform Caveat

United States Marine Corps Sergeant Dakota Meyer said, “When they told me that I would be receiving the Medal of Honor I told them that I didn’t want it, because I don’t feel like a hero.” This statement reflects the feelings of many real war heroes who deserve and are given recognition yet feel that they are unworthy of such accolades. Unfortunately, there are also individuals who want the recognition of being a war hero but lie about having served. Nevertheless, the First Amendment will continue to guarantee the freedom of speech of those who lie about unearned ...


Sorrell V. Ims Health And The End Of The Constitutional Double Standard, Ernest A. Young 2012 Duke Law School

Sorrell V. Ims Health And The End Of The Constitutional Double Standard, Ernest A. Young

Faculty Scholarship

No abstract provided.


Second Things First: What Free Speech Can And Can’T Say About Guns, Joseph Blocher 2012 Duke Law School

Second Things First: What Free Speech Can And Can’T Say About Guns, Joseph Blocher

Faculty Scholarship

Professor Blocher responds to Gregory Magarian’s article on the implications of the First Amendment for the Second.


When Bad Speech Does Good, Mary Anne Franks 2012 University of Miami School of Law

When Bad Speech Does Good, Mary Anne Franks

Articles

No abstract provided.


No Cause Of Action: Video Surveillance In New York City, Olivia J. Greer 2012 Benjamin N. Cardozo School of Law

No Cause Of Action: Video Surveillance In New York City, Olivia J. Greer

Michigan Telecommunications and Technology Law Review

In 2010, New York City Police Commissioner Raymond Kelly announced a new network of video surveillance in the City. The new network would be able to prevent future terrorist attacks by identifying suspicious behavior before catastrophic events could take place. Kelly told reporters, "If we're looking for a person in a red jacket, we can call up all the red jackets filmed in the last 30 days," and "[w]e're beginning to use software that can identify suspicious objects or behaviors." Gothamist later made a witticism of Kelly's statement, remarking, "Note to terrorists: red jackets are not ...


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