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4,804 full-text articles. Page 115 of 131.

Humanitarian Law Project And The Supreme Court's Construction Of Terrorism, Wadie E. Said 2011 Brigham Young University Law School

Humanitarian Law Project And The Supreme Court's Construction Of Terrorism, Wadie E. Said

BYU Law Review

No abstract provided.


The New Resident Evil? State Regulation Of Violent Video Games And The First Amendment, James Dunkelberger 2011 Brigham Young University Law School

The New Resident Evil? State Regulation Of Violent Video Games And The First Amendment, James Dunkelberger

BYU Law Review

No abstract provided.


Campus Citizenship And Associational Freedom: An Aristolelian Take On The Nondiscrimination Puzzle, Chapin Cimino 2011 College of William & Mary Law School

Campus Citizenship And Associational Freedom: An Aristolelian Take On The Nondiscrimination Puzzle, Chapin Cimino

William & Mary Bill of Rights Journal

Student expressive association on campus is a thorny thicket. Student affinity groups often choose to organize around a shared principle or characteristic of the groups’ members, which, by definition, makes those students different in some way from their peers. In order to preserve the group’s sense of uniqueness, these groups often then wish to control their own membership and voting policies. They feel, in essence, entitled to discriminate—a right arguably embodied by the First Amendment freedom of expressive association. When campus groups actually exercise this right, however, they run into university antidiscrimination policies, which can cost them official ...


All A Twitter: Social Networking, College Athletes, And The First Amendment, Davis Walsh 2011 College of William & Mary Law School

All A Twitter: Social Networking, College Athletes, And The First Amendment, Davis Walsh

William & Mary Bill of Rights Journal

No abstract provided.


An Alternative Approach To Evaluating Attorney Speech Critical Of The Judiciary: A Balancing Of Court, Attorney, And Public Interests, Benjamin Beezy 2011 UC Irvine School of Law

An Alternative Approach To Evaluating Attorney Speech Critical Of The Judiciary: A Balancing Of Court, Attorney, And Public Interests, Benjamin Beezy

UC Irvine Law Review

No abstract provided.


Social Networks & Political Uprisings, Nima Astyani 2011 Seton Hall Law

Social Networks & Political Uprisings, Nima Astyani

Law School Student Scholarship

No abstract provided.


“Reasoning-Lite” In The Violent Video Game Case, Alan Garfield 2011 Widener Law

“Reasoning-Lite” In The Violent Video Game Case, Alan Garfield

Alan E Garfield

One might have expected that the Supreme Court’s recent decision in the violent video game case, Brown v. Entertainment Merchants Ass’n, would have been a thoughtful balancing of society’s competing interests in protecting freedom of speech and protecting children from harm. After all, the Supreme Court had held decades earlier that the government could deny minors access to soft-porn, or what the Court called “girlie magazines.” So one could have assumed the Court would seriously consider California’s claim that minors also needed sheltering from the grittier world of violent video game rapes, beheadings, and ethnic cleansings ...


Technologies Of Control And The Future Of The First Amendment, Christopher S. Yoo 2011 College of William & Mary Law School

Technologies Of Control And The Future Of The First Amendment, Christopher S. Yoo

William & Mary Law Review

No abstract provided.


Censoring The Internet, Timothy Zick 2011 William & Mary Law School

Censoring The Internet, Timothy Zick

Popular Media

No abstract provided.


First Amendment Based Copyright Misuse, David S. Olson 2011 Selected Works

First Amendment Based Copyright Misuse, David S. Olson

David S. Olson

We are at a crossroads with respect to the underdeveloped equitable defense of copyright misuse. The defense may go the way of its sibling, antitrust-based patent misuse, which seems to be in a state of inevitable decline. Or—if judges accept the proposal of this Article—courts could reinvigorate the copyright misuse defense to better protect First Amendment speech that is guaranteed by statute, but that is often chilled by copyright holders misusing their copyrights to control others’ speech. The Copyright Act serves First Amendment interests by encouraging authors to create works. But copyright law can also discourage the creation ...


First Amendment Interests And Copyright Accomodations, David S. Olson 2011 Selected Works

First Amendment Interests And Copyright Accomodations, David S. Olson

David S. Olson

Copyright law exists to encourage the creation of works of authorship by granting exclusive rights. But copyright’s incentive function seems in tension with the public’s First Amendment interests to use and freely hear copyrighted speech. Conventional wisdom holds, however, that copyright law serves to encourage much more speech than it discourages, and resolves First Amendment concerns with protections internal to copyright law like the fair use defense and the idea/expression dichotomy. This Article argues that the conventional wisdom no longer holds given the unprecedented expansion of copyright’s scope and corresponding drastic diminution of the public domain ...


First Amendment Freedom Of Speech And Religion - October 2009 Term, Burt Neuborne, Michael C. Dorf 2011 Touro College Jacob D. Fuchsberg Law Center

First Amendment Freedom Of Speech And Religion - October 2009 Term, Burt Neuborne, Michael C. Dorf

Touro Law Review

No abstract provided.


The Occupation — Place, Balance, And Proximity, Timothy Zick 2011 William & Mary Law School

The Occupation — Place, Balance, And Proximity, Timothy Zick

Popular Media

No abstract provided.


The Power Of Place, Timothy Zick 2011 William & Mary Law School

The Power Of Place, Timothy Zick

Popular Media

No abstract provided.


Stolen Valor Act Discussion, Timothy Zick 2011 William & Mary Law School

Stolen Valor Act Discussion, Timothy Zick

Popular Media

No abstract provided.


Public Protest 1.0, Timothy Zick 2011 William & Mary Law School

Public Protest 1.0, Timothy Zick

Popular Media

No abstract provided.


Taxes, Free Expression, And Adult Entertainment, Steve R. Johnson 2011 Florida State University College of Law

Taxes, Free Expression, And Adult Entertainment, Steve R. Johnson

Scholarly Publications

The interaction of morality and money produces interesting results. One manifestation is legislation in some states and proposals in others to impose higher taxes on “gentlemen’s show lounges” (OK, I mean strip clubs) and other venues of adult entertainment.

In 2010 and 2011 two state supreme courts passed on the legality of different forms of those taxes, upholding them against challenges that they infringed on free speech/free expression rights protected by the First Amendment of the U.S. Constitution. This installment of the column considers those two decisions: the February 2010 Utah decision in Bushco v. Utah State ...


Lapdogs, Watchdogs, And Scapegoats: The Press And National Security Information, Mary-Rose Papandrea 2011 Boston College Law School

Lapdogs, Watchdogs, And Scapegoats: The Press And National Security Information, Mary-Rose Papandrea

Mary-Rose Papandrea

In the United States, the Executive branch possesses virtually unbridled classification authority to keep information from the public. Although the Freedom of Information Act and whistleblower protection laws serve as some check on the Executive’s power over national security information, these tools remain largely ineffectual. Because the desire for tight information control competes with the demands of newsgathering, a “game of leaks” has developed among government officials and reporters in which the press alternatively serves as lapdogs, watchdogs, and scapegoats for the Executive branch. This Article demonstrates that the government has been communicating information to the public through leaks ...


Where Intellectual Property And Free Speech Collide, Mary-Rose Papandrea 2011 Selected Works

Where Intellectual Property And Free Speech Collide, Mary-Rose Papandrea

Mary-Rose Papandrea

No abstract provided.


Trans-Border Exclusion And Execution, Timothy Zick 2011 William & Mary Law School

Trans-Border Exclusion And Execution, Timothy Zick

Popular Media

No abstract provided.


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