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4,945 full-text articles. Page 3 of 134.

The Visibility Value Of The First Amendment, Brian C. Murchison 2018 Selected Works

The Visibility Value Of The First Amendment, Brian C. Murchison

Brian C. Murchison

No abstract provided.


Constitutional Anomalies Or As-Applied Challenges? A Defense Of Religious Exemptions, Stephanie H. Barclay, Mark L. Rienzi 2018 Becket Fund for Religious Liberty

Constitutional Anomalies Or As-Applied Challenges? A Defense Of Religious Exemptions, Stephanie H. Barclay, Mark L. Rienzi

Boston College Law Review

In the wake of Burwell v. Hobby Lobby and now in anticipation of Craig v. Masterpiece Cakeshop, Inc., the notion that religious exemptions are dangerously out of step with norms of Constitutional jurisprudence has taken on a renewed popularity. Critics increasingly claim that religious exemptions, such as those available prior to Employment Division v. Smith and now available under the federal Religious Freedom Restoration Act (RFRA), are a threat to basic fairness, equality, and the rule of law. Under this view, exemptions create an anomalous private right to ignore laws that everyone else must obey, and such a scheme will ...


Academic Freedom In The Guarded Institution, Douglas B. McKechnie, Eric Merriam 2018 University of North Carolina School of Law

Academic Freedom In The Guarded Institution, Douglas B. Mckechnie, Eric Merriam

First Amendment Law Review

No abstract provided.


Litigating Free Speech Issues In The Trenches, Robert M. O'Neil 2018 University of North Carolina School of Law

Litigating Free Speech Issues In The Trenches, Robert M. O'Neil

First Amendment Law Review

No abstract provided.


A Comparative Analysis Of The Academic Freedom Of Public University Professors, Vikram Amar 2018 University of North Carolina School of Law

A Comparative Analysis Of The Academic Freedom Of Public University Professors, Vikram Amar

First Amendment Law Review

No abstract provided.


Academic Freedom And Political Correctness In Uncivil Times, Rodney A. Smolla 2018 University of North Carolina School of Law

Academic Freedom And Political Correctness In Uncivil Times, Rodney A. Smolla

First Amendment Law Review

No abstract provided.


Current Threats To Free Speech On Campus, Robert Shibley 2018 University of North Carolina School of Law

Current Threats To Free Speech On Campus, Robert Shibley

First Amendment Law Review

No abstract provided.


Contents, First Amendment Law Review 2018 University of North Carolina School of Law

Contents, First Amendment Law Review

First Amendment Law Review

No abstract provided.


First Amendment Electronic Speech: Ex Parte Reece, A Missed Opportunity To Narrow Texas’S Unconstitutionally Overbroad Anti-Harassment Statute, Brian Long 2018 Southern Methodist University

First Amendment Electronic Speech: Ex Parte Reece, A Missed Opportunity To Narrow Texas’S Unconstitutionally Overbroad Anti-Harassment Statute, Brian Long

SMU Law Review

No abstract provided.


Beyond Headlines & Holdings: Exploring Some Less Obvious Ramifications Of The Supreme Court’S 2017 Free-Speech Rulings, Clay Calvert 2018 College of William & Mary Law School

Beyond Headlines & Holdings: Exploring Some Less Obvious Ramifications Of The Supreme Court’S 2017 Free-Speech Rulings, Clay Calvert

William & Mary Bill of Rights Journal

Digging behind the holdings, this Article analyzes less conspicuous, yet highly consequential aspects of the United States Supreme Court’s First Amendment rulings during the opening half of 2017. The four facets of the opinions addressed here—items both within individual cases and cutting across them—hold vast significance for future free-speech battles. Nuances of the justices’ splintering in Matal v. Tam, Packingham v. North Carolina, and Expressions Hair Design v. Schneiderman are examined, as is the immediate impact of Justice Anthony Kennedy’s Packingham dicta regarding online social networks. Furthermore, Justice Sonia Sotomayor’s solo concurrence in the threats ...


A Tale Of Two Clauses: Search And Seizure, Establishment Of Religion, And Constitutional Reason, Perry Dane 2018 College of William & Mary Law School

A Tale Of Two Clauses: Search And Seizure, Establishment Of Religion, And Constitutional Reason, Perry Dane

William & Mary Bill of Rights Journal

This Article dissects two developments in widely separate areas of American constitutional law—the “reasonable expectation of privacy” test for the Fourth Amendment’s Search and Seizure Clause and the “endorsement” test for the First Amendment’s Establishment Clause. These two stories might seem worlds apart, and they have not previously been systematically examined together. Nevertheless, the Article argues that they have in common at least three important symptoms of our legal culture’s deep malaise. These three phenomena occur in other contexts, too, but they appear with special clarity and a stark cumulative force in the two stories on ...


The Visibility Value Of The First Amendment, Brian C. Murchison 2018 College of William & Mary Law School

The Visibility Value Of The First Amendment, Brian C. Murchison

William & Mary Bill of Rights Journal

No abstract provided.


Not Today, Satan: Re-Examining Viewpoint Discrimination In The Limited Public Forum, Daniel Cutler 2018 College of William & Mary Law School

Not Today, Satan: Re-Examining Viewpoint Discrimination In The Limited Public Forum, Daniel Cutler

William & Mary Bill of Rights Journal

No abstract provided.


The History Of U.S. Copyright Law And Disney’S Involvement In Copyright Term Extension, Clarissa Anderson 2018 University of Wyoming

The History Of U.S. Copyright Law And Disney’S Involvement In Copyright Term Extension, Clarissa Anderson

Honors Theses AY 17/18

Copyright term extension is often a contentious topic among copyright owners, corporate lobbyists, and opponents of copyright extension. The history of copyright law spans more than 225 years and has always been an ever-evolving process. The Copyright Act of 1790 was the first statute in the United States to identify definite provisions of copyright law and permitted authors the right to their intellectual property for a duration of 14 years. Today, depending on the type of work, copyright terms can reach up to 120 years. Historically, Disney has been exceedingly protective of their intellectual property and is a prominent supporter ...


Islam And Religious Freedom: The Experience Of Religious Majorities And Minorities, Brett G. Scharffs 2018 J. Reuben Clark Law School, Brigham Young University

Islam And Religious Freedom: The Experience Of Religious Majorities And Minorities, Brett G. Scharffs

Notre Dame Law Review Online

It seems likely that change in Islam will be affected both by outside and internal sources, as was the case for the Catholic Church and its journey to Dignitatis Humanae. However, one thing the Catholic experience suggests is that meaningful and profound change does not simply come from outside pressures; it comes from authentic and sincere evaluation and interpretation by insiders of a religious tradition of that tradition itself. Thus, if Islam is going to come to embrace religious freedom as an important value, this will be the result, significantly if not primarily, of Muslims interpreting their own sacred texts ...


Hollywood Loving, Kevin Noble Maillard 2018 Syracuse University School of Law

Hollywood Loving, Kevin Noble Maillard

Fordham Law Review

In this Essay, I highlight how nongovernmental entities establish political, moral, and sexual standards through visual media, which powerfully underscores and expresses human behavior. Through the Motion Picture Production Code (the “Hays Code”) and the Code of Practices for Television Broadcasters (the “TV Code”), Americans viewed entertainment as a pre-mediated, engineered world that existed outside of claims of censorship and propaganda. This Essay critically examines the role of film and television as persuasive and integral legal actors and it considers how these sectors operate to maintain, and sometimes challenge, racial order.


We’Ve Come A Long Way (Baby)! Or Have We? Evolving Intellectual Freedom Issues In The Us And Florida, L. Bryan Cooper, A.D. Beman-Cavallaro 2018 Florida International University

We’Ve Come A Long Way (Baby)! Or Have We? Evolving Intellectual Freedom Issues In The Us And Florida, L. Bryan Cooper, A.D. Beman-Cavallaro

Works of the FIU Libraries

This paper analyzes a shifting landscape of intellectual freedom (IF) in and outside Florida for children, adolescents, teens and adults. National ideals stand in tension with local and state developments, as new threats are visible in historical, legal, and technological context. Examples include doctrinal shifts, legislative bills, electronic surveillance and recent attempts to censor books, classroom texts, and reading lists.

Privacy rights for minors in Florida are increasingly unstable. New assertions of parental rights are part of a larger conservative animus. Proponents of IF can identify a lessening of ideals and standards that began after doctrinal fruition in the 1960s ...


Is There Any Silver Lining To Trinity Lutheran Church, Inc. V. Comer?, Caroline Mala Corbin 2018 University of Miami School of Law

Is There Any Silver Lining To Trinity Lutheran Church, Inc. V. Comer?, Caroline Mala Corbin

Michigan Law Review Online

Trinity Lutheran Church, Inc. v. Comer is a significant setback for a strong separation of church and state. Missouri denied a playground grant to Trinity Lutheran because of a state constitutional provision that bans financial aid to churches. The church sued. The Supreme Court held not only that the Establishment Clause allowed the government to give taxpayer money to Trinity Lutheran, but that the Free Exercise Clause required it. The decision's many flaws are not the focus of this short Essay. Instead, this Essay dissects the Supreme Court's reasoning in order to apply it to current controversies in ...


University Regulation Of Student Speech: In Search Of A Unified Mode Of Analysis, Patrick Miller 2018 University of Michigan Law School

University Regulation Of Student Speech: In Search Of A Unified Mode Of Analysis, Patrick Miller

Michigan Law Review

Universities are meant to be open marketplaces of ideas. This requires a commitment to both freedom of expression and inclusivity, two values that may conflict. When public universities seek to promote inclusivity by prohibiting or punishing speech that is protected by the First Amendment, courts must intervene to vindicate students’ rights. Currently, courts are split over the appropriate mode of analysis for reviewing public university regulation of student speech. This Note seeks to aid judicial review by clarifying the three existing approaches—public forum analysis, traditional categorical analysis, and a modified version of the Supreme Court’s education-specific speech doctrine ...


You Speak An "Infinite Deal Of Nothing": Prioritizing Free Speech Over Other Fundamental Rights, Jacqueline Ahearn 2018 St. John's University School of Law

You Speak An "Infinite Deal Of Nothing": Prioritizing Free Speech Over Other Fundamental Rights, Jacqueline Ahearn

Journal of Civil Rights and Economic Development

No abstract provided.


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