Deplatformed: Social Network Censorship, The First Amendment, And The Argument To Amend Section 230 Of The Communications Decency Act, 2021 Touro Law Center
Deplatformed: Social Network Censorship, The First Amendment, And The Argument To Amend Section 230 Of The Communications Decency Act, John A. Lonigro
Touro Law Review
No abstract provided.
Free Speech & Abortion: The First Amendment Case Against Compelled Motherhood, 2021 Case Western University School of Law
Free Speech & Abortion: The First Amendment Case Against Compelled Motherhood, Raymond Shih Ray Ku
Faculty Publications
The most important lessons are taught by example. Children learn the fundamental values that guide them throughout their lives from the examples set by their parents, especially their mothers. Even before they understand a language, they learn by observing and imitating the actions of their parents. For almost fifty years Roe v Wade guaranteed pregnant women the freedom to determine whether to carry their pregnancy to term. The right to obtain a safe abortion prior to viability is the most significant and controversial aspect of this freedom. The Supreme Court is now poised to overturn what it previously described as …
United Nations Free Speech Standards As The Global Benchmark For Online Platforms' Hate Speech Policies, 2021 New York Law School
United Nations Free Speech Standards As The Global Benchmark For Online Platforms' Hate Speech Policies, Nadine Strossen
Articles & Chapters
No abstract provided.
Barring Immoral Speech In Patent And Copyright, 2021 University of South Carolina School of Law
Barring Immoral Speech In Patent And Copyright, Ned Snow
SMU Law Review
In the past three years, the Supreme Court has twice ruled that Congress’s moral bars to trademark protection violate the First Amendment. Those rulings raise a simple question in other areas of intellectual property. Does the First Amendment preclude Congress from denying patent or copyright protection based on a moral reason? Congress, for instance, might deny patent protection for inventions directed toward the consumption of marijuana. Inventors would accordingly choose not to disclose knowledge about those inventions to the public, and the denial would chill their speech. Similarly, Congress would chill speech if it denied copyright protection for moral reasons. …
Transparency And The First, 2021 University of Florida Levin College of Law
Race And The First Amendment: A Compendium Of Resources, 2021 University of Michigan Law School
Race And The First Amendment: A Compendium Of Resources, Solomon F. Worlds, Leonard M. Niehoff
Articles
This article provides summaries of law review articles and books that consider the complex relationship between racial justice and free speech. It seeks to assist law students, legal scholars, judges, and practitioners to think more deeply about the intersection between these critically important values. It describes scholarship that views these values as complementary, but also scholarship that views them as conflicting.
Curing The First Amendment Scrutiny Muddle Through A Breyer-Based Blend Up? Toward A Less Categorical, More Values-Oriented Approach For Selecting Standards Of Judicial Review, 2021 University of Florida Levin College of Law
Curing The First Amendment Scrutiny Muddle Through A Breyer-Based Blend Up? Toward A Less Categorical, More Values-Oriented Approach For Selecting Standards Of Judicial Review, Clay Calvert
UF Law Faculty Publications
This Article argues that the United States Supreme Court should significantly alter its current categorical approach for discerning standards of judicial review in free-speech cases. The present system should become nondeterminative and be augmented with a modified version of Justice Stephen Breyer’s long-preferred proportionality framework. Specifically, the Article’s proposed tack fuses facets of today’s policy, which largely pivots on distinguishing content-based laws from content-neutral laws and letting that categorization determine scrutiny, with a more nuanced, values-and-interests methodology. A values-and-interests formula would allow the Court to climb up or down the traditional ladder of scrutiny rungs – strict, intermediate or rational …
Scrutiny-Determination Avoidance In First Amendment Cases: Laudable Minimalism Or Condemnable Evasion?, 2021 University of Florida Levin College of Law
Scrutiny-Determination Avoidance In First Amendment Cases: Laudable Minimalism Or Condemnable Evasion?, Clay Calvert
UF Law Faculty Publications
This Article examines the United States Supreme Court’s practice in First Amendment cases of not resolving the precise level of scrutiny that applies to measure a statute’s validity. Rather than opting for one of two tiers of scrutiny — one more rigorous than the other—the Court sometimes dodges the issue. It does this by concluding that a statute would not pass muster under the more lenient standard, thereby rendering it unnecessary to decide which test was, in fact, more appropriate. The Court thus adopts an “assuming-without-deciding” logic in such cases, simply supposing the lesser standard applies without definitively holding as …
No Exit: Ten Years Of "Privacy Vs. Speech" Post-Sorrell, 2021 Vanderbilt University Law School
No Exit: Ten Years Of "Privacy Vs. Speech" Post-Sorrell, G. S. Hans
Vanderbilt Law School Faculty Publications
A decade has passed since the U.S. Supreme Court held in Sorrell vs. IMS Health that a Vermont privacy law violated the First Amendment. Somewhat surprisingly, the debate about the intersection between privacy laws and free speech protections has not progressed much in the intervening years. If anything, the concerns that some privacy advocates had following Sorrell-that the First Amendment could be used as a tool to overturn privacy regulations-have extended to other areas of economic regulation. As a public interest attorney working on technology law and policy, I entered into practice not long after Sorrell was decided, when it …
Microaggressions, Questionable Science, And Free Speech, 2021 University of Missouri - Kansas City, School of Law
Microaggressions, Questionable Science, And Free Speech, Edward Cantu, Lee Jussim
Faculty Works
The topic of microaggressions is hot currently. Diversity administrators regularly propagate lists of alleged microaggressions and express confidence that listed items reflect what some psychologists claim they do: racism that is, at the very least, unconscious in the mind of the speaker. Legal academics are increasingly leveraging microaggression research in theorizing law and proposing legal change. But how scientifically legitimate are claims by some psychologists about what acts constitute microaggressions? The authors—one a law professor, the other a psychologist—argue that the answer is “not much.” In this article, the authors dissect the studies, and critique the claims, of microaggression researchers. …
Book Review: The Cambridge Companion To The First Amendment And Religious Liberty, 2021 University of Georgia School of Law
Book Review: The Cambridge Companion To The First Amendment And Religious Liberty, Nathan Chapman
Scholarly Works
Review of The Cambridge Companion to The First Amendment and Religious Liberty. Edited by Michael D. Breidenbach and Owen Anderson. Cambridge: Cambridge University Press, 2020. xii + 461 pp. $39.99 paper.
Restoring Student Press Freedoms: Why Every State Needs A 'New Voices' Law, 2021 University of Georgia School of Law
Restoring Student Press Freedoms: Why Every State Needs A 'New Voices' Law, Clare R. Norins, Taran Harmon-Walker, Navroz Tharani
Scholarly Works
Scholastic journalists across America have long provided vital reporting, commentary, and fresh perspective on issues of public concern to their readers. Never has this been more true than in the current age of dwindling print media, where scholastic journalists at both the high school and post-secondary levels are stepping in to populate what would otherwise be news deserts. Yet the Supreme Court’s decision in Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988), allows school officials to censor both the content and style of school-sponsored media without offending the First Amendment. This essay traces the history of student speech rights …
Offensive Mark Owners Have An Enforcement Problem, 2021 Saint Louis University School of Law
Offensive Mark Owners Have An Enforcement Problem, Yvette Joy Liebesman
All Faculty Scholarship
In Iancu v. Brunetti, the Supreme Court held that the Lanham Act 2(a) bars for "immoral" or "scandalous" marks are facially unconstitutional viewpoint discrimination, and thus violate a trademark owner’s First Amendment rights. Brunetti, as well as its predecessor, Matal v. Tam, focused entirely on how the government might generate viewpoint discrimination at the point of trademark registration. The Court did not consider whether enforcement of trademarks—via courts of law, Customs and Border Protection, or the International Trade Commission—is government speech, and thus exempt from First Amendment free speech scrutiny. Yet the Court’s seminal holding of Shelley v. Kraemer illustrates …
Freedom Of The Press In U.S. Protests, 2021 American University Washington College of Law
Freedom Of The Press In U.S. Protests, Abigail Rosenthal
Human Rights Brief
No abstract provided.
Panel One: Classification And Access To National Security Information, 2021 University of North Carolina School of Law
Panel One: Classification And Access To National Security Information, Mary-Rose Papandrea, Margaret Kwoka, David Pozen, Stephen I. Vladeck
Faculty Scholarship
This article is a transcript of the first panel of First Amendment Law Review’s 2021 Symposium on National Security, Whistleblowers, and the First Amendment, discussing classification and access to national security information.
What Was The "Dartmouth College" Case Really About?, 2021 Vanderbilt University Law School
What Was The "Dartmouth College" Case Really About?, Charles R.T. O'Kelley
Vanderbilt Law Review
This Article is the first modern work of corporation law scholarship fully examining the Dartmouth College case as it was lived and understood at the time. Earlier scholars, the author of this Article included, have relied on the case to make doctrinal and theory-of-the firm arguments about Supreme Court precedents regarding the constitutional rights of corporations. Moreover, these earlier works have primarily focused on, and found talismanic meaning, in two sentences in Marshall’s opinion:
"A corporation is an artificial being, invisible, intangible, and existing only in contemplation of law. Being the mere creature of law, it possesses only those properties …
The Classic Arguments For Free Speech 1644-1927, 2021 Columbia Law School
The Classic Arguments For Free Speech 1644-1927, Vincent A. Blasi
Faculty Scholarship
This chapter examines the classic arguments for freedom of speech. It traces the first comprehensive argument for freedom of speech as a limiting principle of government to John Milton’s Areopagitica, a polemic against censorship by a requirement of prior licensing in which Milton develops an argument for the pursuit of truth through exposure to false and heretical ideas rather than the passive reception of orthodoxy. Despite Milton’s belief in the advancement of understanding through free inquiry, he was far from liberal in the modern sense of that term and he did not, for instance, extend the tolerance he advocated to …
Fields V. Speaker Of Pennsylvania House Of Representatives, 2021 New York Law School
Fields V. Speaker Of Pennsylvania House Of Representatives, Heidi Moore
NYLS Law Review
No abstract provided.
Failing To Protect Public Employees’ First Amendment Rights: The Need For A Presumption Of Public Concern For Truthful Testimony, 2021 University of Oklahoma College of Law
Failing To Protect Public Employees’ First Amendment Rights: The Need For A Presumption Of Public Concern For Truthful Testimony, Anna H. Mcneil
Oklahoma Law Review
No abstract provided.
Rethinking Protections For Indigenous Sacred Sites, 2021 Notre Dame Law School
Rethinking Protections For Indigenous Sacred Sites, Stephanie H. Barclay, Michalyn Steele
Journal Articles
Meaningful access to sacred sites is among the most important principles to the religious exercise of Indigenous peoples, yet tribes have been repeatedly thwarted by the federal government in their efforts to vindicate this practice of their religion. The colonial, state, and federal governments of this Nation have been desecrating and destroying Native American sacred sites since before the Republic was formed. Unfortunately, the callous destruction of Indigenous sacred sites is not just a troubling relic of the past. Rather, the threat to sacred sites and cultural resources continues today in the form of spoliation from development, as well as …