Right To Write - Free Expression Rights Of Pennsylvania's Creative Students After Columbine, 2016 Penn State Law
Right To Write - Free Expression Rights Of Pennsylvania's Creative Students After Columbine, Barbara Brunner
Barbara Brunner
This comment analyzes the current state of students' free speech rights in the context of creative writing assignments and examines potential First Amendment applications to the Pennsylvania System of School Assessment (PSSA), a statewide, mandatory, standards-based exam administered to Pennsylvania public school students. The PSSA, which currently contains a writing assessment for students in sixth, ninth, and eleventh grades requiring students to write essays in response to prompts, is scored anonymously by private entities under contract with the Pennsylvania Department of Education. Those private subcontractors have "red-flagging" procedures in place to identify essays containing imagery or themes that indicate imminent …
Constitutional Law, 2016 Florida International University College of Law
Constitutional Law, Thomas E. Baker
Thomas E. Baker
This 1981 article discusses principles of federal constitutional law. Professor Baker notes that the constitutional decisions of the courts of appeals will continue to increase in number and importance as the burgeoning federal caseload grows. Professor Baker analyzes how the Fifth Circuit dealt with constitutional principles in the year preceding the article. The article commences with a discussion of cases dealing with justiciability issues. The justiciability issues discussed include standing, mootness, advisory opinions, political questions, ripeness, and Eleventh Amendment issues. Next, Professor Baker discusses cases construing the Commerce Clause. Next, the article discusses cases dealing with due process issues, both …
Neutral Principles And Some Campaign Finance Problems, 2016 William & Mary Law School
Neutral Principles And Some Campaign Finance Problems, John O. Mcginnis
William & Mary Law Review
This Article has both positive and normative objectives. As a positive matter, it shows that the Roberts Courts campaign finance regulation jurisprudence can be best explained as a systematic effort to integrate that case law with the rest of the First Amendment, making the neutral principles refined in other social contexts govern this more politically salient one as well. It demonstrates that the typical Roberts Court majority in campaign finance cases follows precedent, doctrine, and traditional First Amendment theory, while the dissents tend to carve out exceptions at each of these levels.
As a normative matter, it argues that following …
The Effect Of Rluipa’S Land Use Provisions On Local Governments, 2016 Cleveland-Marshall College of Law and Levin College of Urban Affairs, Cleveland State University
The Effect Of Rluipa’S Land Use Provisions On Local Governments, Alan C. Weinstein
Fordham Urban Law Journal
No abstract provided.
Occupy The Parks: Restoring The Right To Overnight Protest In Public Parks, 2016 New York Civil Liberties Union; New York Law School
Occupy The Parks: Restoring The Right To Overnight Protest In Public Parks, Udi Ofer
Fordham Urban Law Journal
No abstract provided.
Rluipa: Necessary, Modest, And Under-Enforced, 2016 University of Virginia
Rluipa: Necessary, Modest, And Under-Enforced, Douglas Laycock, Luke W. Goodrich
Fordham Urban Law Journal
No abstract provided.
The Right To Occupy—Occupy Wall Street And The First Amendment, 2016 Fordham Law School
The Right To Occupy—Occupy Wall Street And The First Amendment, Sarah Kunstler
Fordham Urban Law Journal
No abstract provided.
Rluipa Is A Bridge Too Far: Inconvenience Is Not Discrimination, 2016 Benjamin N. Cardozo School of Law, Yeshiva University
Rluipa Is A Bridge Too Far: Inconvenience Is Not Discrimination, Marci A. Hamilton
Fordham Urban Law Journal
No abstract provided.
Speech And The Truth-Seeking Value, 2016 Washington and Lee University School of Law
Speech And The Truth-Seeking Value, Brian C. Murchison
Brian C. Murchison
Courts in First Amendment cases long have invoked the truth-seeking value of speech, but they rarely probe its meaning or significance, and some ignore it altogether. As new cases implicate questions of truth and falsity, thorough assessment of the value is needed. This Article fills the gap by making three claims. First, interest in truth-seeking has resurfaced in journalism, politics, philosophy, and fiction, converging on a concept of provisional or “functional” truth. Second, the appeal of functional truth for the law may be that it clarifies thinking about a range of human priorities—survival, progress, and character—without insisting on truth in …
A Jurisdictional Perspective On New York Times V. Sullivan, 2016 FIU College of Law
A Jurisdictional Perspective On New York Times V. Sullivan, Howard M. Wasserman
Howard M Wasserman
New York Times v. Sullivan, arguably the Supreme Court's most significant First Amendment decision, marks its fiftieth anniversary next year. Often overlooked in discussions of the case's impact on the freedom of speech and freedom of the press is that it arose from a complex puzzle of constitutional, statutory, and judge-made jurisdictional and procedural rules. These kept the case in hostile Alabama state courts for four years and a half-million-dollar judgment before the Times and its civil rights leader co-defendants finally could avail themselves of the structural protections of federal court and Article III judges. The case's outcome and the …
Millennials, Equity, And The Rule Of Law: 2014 National Lawyers Convention, How First Amendment Procedures Protect First Amendment Substance, 2016 The Catholic University of America, Columbus School of Law
Millennials, Equity, And The Rule Of Law: 2014 National Lawyers Convention, How First Amendment Procedures Protect First Amendment Substance, Erik S. Jaffe, Aaron H. Caplan, Robert A. Destro, Todd P. Graves, Alan B. Morrison, Eugene Volokh, David R. Stras
Catholic University Law Review
A panel, at the National Lawyers Convention, discussed procedure as it relates to First Amendment rights. The panel set forth how First Amendment procedures have historically protected First Amendment substance and discussed modern applications of the issue. For example, the prior restraint doctrine, overbreadth doctrine, the allocation of the burden of proof and relaxation of ripeness rules have important implications for challenging restrictions on speech and defending against libel and defamation.
The interaction of free speech and due process is often seen in litigation involving civil harassment orders, or civil protection orders. In many jurisidictions the definition of harassment permits …
A First Amendment Right To Observe Elections: Fulfilling The Dream Of Richmond Newspapers By Extending It To The Polling Place, 2016 The Catholic University of America, Columbus School of Law
A First Amendment Right To Observe Elections: Fulfilling The Dream Of Richmond Newspapers By Extending It To The Polling Place, Andrew D. Howell
Catholic University Law Review
The First Amendment has long been held to protect the right of citizens to gather information. In 1980, the Supreme Court articulated a two-pronged test in Richmond Newspapers v. Virginia, which examined both the “experience” and “logic” of granting public access to criminal trials. The jurisprudence of lower courts has since extended this qualified First Amendment presumptive right of access to civil trial and administrative hearings. This Comment examines the extension of this constitutional test to the governmental process at work at polling places. This Comment argues that the public, via the powerful vehicle of the press, ultimately meets …
Privacy Petitions And Institutional Legitimacy, 2016 Florida State University College of Law
Privacy Petitions And Institutional Legitimacy, Lauren Henry Scholz
Scholarly Publications
This Article argues that a petitions process for privacy concerns arising from new technologies would substantially aid in gauging privacy social norms and legitimating regulation of new technologies. An accessible, transparent petitions process would empower individuals who have privacy concerns by making their proposals for change more visible. Moreover, data accumulated from such a petitions process would provide the requisite information to enable institutions to incorporate social norms into privacy policy development. Hearing and responding to privacy petitions would build trust with the public regarding the role of government and large companies in shaping the modern privacy technical infrastructure. This …
Incitement, Threats, And Constitutional Guarantees: First Amendment Protections Pre- And Post-Elonis, 2016 Capital University Law School
Incitement, Threats, And Constitutional Guarantees: First Amendment Protections Pre- And Post-Elonis, Mark Strasser
The 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, …
Technical Speech: Patents, Expert Knowledge, And The First Amendment, 2016 Indian Institute of Technology - Madras
Technical Speech: Patents, Expert Knowledge, And The First Amendment, Feroz Ali
Minnesota Journal of Law, Science & Technology
No abstract provided.
Teacher Blogging Redux: Post With Caution, 2016 University of Dayton
Teacher Blogging Redux: Post With Caution, Charles J. Russo, Marcus Heath
Educational Leadership Faculty Publications
In the December 2014 issue of School Business Affairs, this column (Russo 2014) addressed a case from Pennsylvania, Munroe v. Central Bucks School District (2014), that explored the free speech rights of public school teachers who blog on the Internet.
In Munroe, a school board in Pennsylvania dismissed a tenured high school teacher who posted controversial, derogatory remarks about her students and others on her personal blog. The Third Circuit subsequently affirmed that insofar as the blog entries were disruptive to school operations, the teacher’s dismissal did not violate the First Amendment (Munroe 2015).
Munroe highlights the need for school …
Dusty Order: Law Enforcement And Participant Cooperation At Burning Man, 2016 Florida International University College of Law
Dusty Order: Law Enforcement And Participant Cooperation At Burning Man, Manuel A. Gomez
Manuel A. Gómez
Media depictions of Burning Man focus on the picturesque and eccentric appearance of the weeklong affair. The event is sometimes misportrayed as a lawless environment where participants are encouraged to engage in rowdy behavior. Most carnivalesque events offer an escape from reality and are generally thought to enable unruly conduct. Despite stereotypes, Burning Man is a different beast. Not only is the crime rate in Black Rock City lower than any other city of comparable size, but Burners show a high level of cooperative and law abiding behavior that helps maintain the social order without depending on official means of …
The First Amendment And The World, 2016 William & Mary Law School
What Impact The Supreme Court’S Recent Hobby Lobby Decision Might Have For Lgbt Civil Rights?, 2016 Chicago-Kent College of Law
What Impact The Supreme Court’S Recent Hobby Lobby Decision Might Have For Lgbt Civil Rights?, Vincent Samar
Vincent Samar
Abstract
What Impact the Supreme Court’s Recent Hobby Lobby
Decision Might Have for LGBT Civil Rights?
Vincent J. Samar
The U.S. Supreme Court’s recent decision in the Hobby Lobby case has created shockwaves of concern among civil rights groups questioning whether for-profit corporations can assert a religious exemption from civil rights legislation under a 1993 federal law, the Religious Freedom Restoration Act. The matter is of particular concern in the LGBT community given the possible impact it could have on services traditionally offered to those getting married as more and more states legalize same-sex marriage. Though the Court’s conservative majority …
Extending Copyright Protection To Combat Free-Riding By Digital News Aggregators And Online Search Engines, 2016 Butler University
Extending Copyright Protection To Combat Free-Riding By Digital News Aggregators And Online Search Engines, Nancy Whitmore
Nancy J. Whitmore
No abstract provided.