Open Access. Powered by Scholars. Published by Universities.®

First Amendment Commons

Open Access. Powered by Scholars. Published by Universities.®

4293 Full-Text Articles 2803 Authors 1390057 Downloads 122 Institutions

All Articles in First Amendment

Faceted Search

4293 full-text articles. Page 7 of 115.

Newsroom: Horwitz On Panhandling Ordinances And The First Amendment 05-26-2017, Roger Williams University School of Law 2017 Roger Williams University

Newsroom: Horwitz On Panhandling Ordinances And The First Amendment 05-26-2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Nobody Puts Blockchain In A Corner: The Disruptive Role Of Blockchain Technology In The Financial Services Industry And Current Regulatory Issues, Elizabeth Sara Ross 2017 The Catholic University of America, Columbus School of Law

Nobody Puts Blockchain In A Corner: The Disruptive Role Of Blockchain Technology In The Financial Services Industry And Current Regulatory Issues, Elizabeth Sara Ross

Catholic University Journal of Law and Technology

This Note examines the disruptive effects that distributed ledger technology will have on payment systems and the financial services industry. It discusses how financial technology companies and banks will need to adapt to ensure that American consumers and banks, as well as the American economy at large, remain secure and efficient within an increasingly online and global financial system. This Note argues that the disjointed digital currency licensing regimes and complex landscape of state-by-state money transmission licensing directly threaten to stifle innovation, capital formation, consumer protection, and national cybersecurity. To ensure the U.S. remains competitive in the global financial ...


Rwu First Amendment Blog: Andrew Horwitz's Blog: First Amendment Protects The Right To Give And To Receive 05-23-2017, Andrew Horwitz 2017 Roger Williams University School of Law

Rwu First Amendment Blog: Andrew Horwitz's Blog: First Amendment Protects The Right To Give And To Receive 05-23-2017, Andrew Horwitz

Law School Blogs

No abstract provided.


The Trump Presidency And The Press, John M. Greabe 2017 University of New Hampshire School of Law

The Trump Presidency And The Press, John M. Greabe

Legal Scholarship

[Excerpt] "It is not difficult to understand why presidents frequently voice frustration with the press. Imagine being subjected to critical analysis 24/7 by reporters, bloggers and pundits who often lack complete and accurate information but face competitive pressure to publish quickly."


With Chelsea Manning's Release, Lead Trial Attorney Coombs Recalls Case: Rwu Law Professor David E. Coombs Revisits Issues In The Case, Looks Forward To Teaching Again Next Year 05-17-2017, Edward Fitzpatrick 2017 Roger Williams University

With Chelsea Manning's Release, Lead Trial Attorney Coombs Recalls Case: Rwu Law Professor David E. Coombs Revisits Issues In The Case, Looks Forward To Teaching Again Next Year 05-17-2017, Edward Fitzpatrick

Life of the Law School (1993- )

No abstract provided.


The Government Speech Doctrine In Walker’S Wake: Early Rifts And Reverberations On Free Speech, Viewpoint Discrimination, And Offensive Expression, Clay Calvert 2017 College of William & Mary Law School

The Government Speech Doctrine In Walker’S Wake: Early Rifts And Reverberations On Free Speech, Viewpoint Discrimination, And Offensive Expression, Clay Calvert

William & Mary Bill of Rights Journal

This Article examines the immediate effects on free expression of the U.S. Supreme Court’s 2015 ruling in Walker v. Texas Division, Sons of Confederate Veterans, Inc. involving the government speech doctrine. In Walker, a sharply—and largely partisanly—divided Court upheld, in the face of a First Amendment challenge, Texas’s decision denying a private organization’s application for a specialty license plate featuring Confederate battle flag imagery. This Article initially reviews the government speech doctrine and Walker. It then analyzes Walker’s impact on cases that, like it, involve specialty license plate programs. Next, this Article explores ...


Newsroom: Donald Trump Vs. Roger Williams 05-09-2017, David Logan 2017 Roger Williams University School of Law

Newsroom: Donald Trump Vs. Roger Williams 05-09-2017, David Logan

Life of the Law School (1993- )

No abstract provided.


Rwu First Amendment Blog: David A. Logan's Blog: Donald Trump Vs. Roger Williams 05-08-2017, David A. Logan 2017 Roger Williams University School of Law

Rwu First Amendment Blog: David A. Logan's Blog: Donald Trump Vs. Roger Williams 05-08-2017, David A. Logan

Law School Blogs

No abstract provided.


Burwell V. Hobby Lobby Stores, Inc.: Creating Power For Corporations At The Cost Of Changing Women’S Lives, Tara Zabehi 2017 Pepperdine University

Burwell V. Hobby Lobby Stores, Inc.: Creating Power For Corporations At The Cost Of Changing Women’S Lives, Tara Zabehi

The Journal of Business, Entrepreneurship & the Law

No abstract provided.


Rights Dynamism, Timothy Zick 2017 William & Mary Law School

Rights Dynamism, Timothy Zick

Faculty Publications

No abstract provided.


The Commercial Difference, Felix T. Wu 2017 College of William & Mary Law School

The Commercial Difference, Felix T. Wu

William & Mary Law Review

When it comes to the First Amendment, commerciality does, and should, matter. This Article develops the view that the key distinguishing characteristic of corporate or commercial speech is that the interest at stake is “derivative,” in the sense that we care about the speech interest for reasons other than caring about the rights of the entity directly asserting a claim under the First Amendment. To say that the interest is derivative is not to say that it is unimportant, and one could find corporate and commercial speech interests to be both derivative and strong enough to apply heightened scrutiny to ...


Nlrb Jurisdiction Over Religious Schools And The Religion Clause Of The First Amendment, Richard J. Curiale 2017 St. John's University School of Law

Nlrb Jurisdiction Over Religious Schools And The Religion Clause Of The First Amendment, Richard J. Curiale

The Catholic Lawyer

No abstract provided.


Discrimination And Association, Caleb C. Wolanek 2017 Harvard Law School

Discrimination And Association, Caleb C. Wolanek

Concordia Law Review

In September 2016, the United States Commission on Civil Rights issued a report entitled Peaceful Coexistence: Reconciling Nondiscrimination Principles with Civil Liberties. In that report, the Commission argued that the law permits—and justice requires—that decision-makers prioritize nondiscrimination over civil liberties like freedom of religion and freedom of association. For example, the report endorsed the view that religious liberty should be limited as much as possible to freedom of belief; conduct “should conform to law.” This is because religion is discriminatory and can be used as a front for discriminatory activities. Nondiscrimination policies, in contrast, “are of preeminent importance ...


Reporter's Privilege And The First Amendment, Angela M. DeMeo 2017 St. John's University School of Law

Reporter's Privilege And The First Amendment, Angela M. Demeo

The Catholic Lawyer

No abstract provided.


The Sermon On The Mountain Of Cash: How To Curtail The Prosperity Scheme And Prevent Opportunists From “Preying” On Vulnerable Parishioners, Jacob M. Bass 2017 Boston College Law School

The Sermon On The Mountain Of Cash: How To Curtail The Prosperity Scheme And Prevent Opportunists From “Preying” On Vulnerable Parishioners, Jacob M. Bass

Boston College Journal of Law & Social Justice

Many televangelists in the United States preach the “prosperity gospel,” a doctrine which teaches that a religiously faithful person who continually donates money to church ministries can expect God to grant material improvements to their finances, health, and relationships. Americans who participate in prosperity gospel churches often donate thousands of dollars to these churches, despite their difficulty financing such large donations and the lack of the promised material improvement to their lives. Televangelists who preach the prosperity gospel secretly use these donations to finance their extravagant lifestyles, instead of using the funds to support the faithful masses who continue to ...


Speaking Of Workplace Harassment: A First Amendment Push Toward A Status-Blind Statute Regulating "Workplace Bullying", Jessica R. Vartanian 2017 University of Maine School of Law

Speaking Of Workplace Harassment: A First Amendment Push Toward A Status-Blind Statute Regulating "Workplace Bullying", Jessica R. Vartanian

Maine Law Review

Title VII of the Civil Rights Act of 1964 makes discrimination in employment unlawful, but only based on certain suspect classes: race, color, religion, sex, and national origin. Courts have interpreted the statute to ban workplace harassment in this same limited fashion, refusing to recognizg harassment claims based on sexual orientation or any other unspecified classification.Although Congress may regulate in this selective manner consistent with equal protection, workplace harassment differs from other forms of discrimination proscribed under Title VII in one very important respect—workplace harassment is often achieved through an array of expression traditionally protected under the First ...


Good Things Don't Come To Those Forced To Wait: Denial Of A Litigant's Request To Proceed Anonymously Can Be Appealed Prior To Final Judgment In The Wake Of Doe V. Village Of Deerfield, Chloe Booth 2017 Boston College Law School

Good Things Don't Come To Those Forced To Wait: Denial Of A Litigant's Request To Proceed Anonymously Can Be Appealed Prior To Final Judgment In The Wake Of Doe V. Village Of Deerfield, Chloe Booth

Boston College Law Review

On April 12, 2016, in Doe v. Village of Deerfield, the United States Court of Appeals for the Seventh Circuit held that a denial of a motion to proceed anonymously is an immediately appealable order under the collateral order doctrine. The Seventh Circuit joined the Fourth, Fifth, Ninth, Tenth and Eleventh Circuits in holding that this type of order, examined categorically, satisfies the rigorous requirements of the collateral order doctrine. Allowing immediate review of this type of order implements a practical construction of the traditional final judgment rule that the United States Courts of Appeals can only review orders upon ...


The Lautsi Decision And The American Establishment Clause Experience: A Response To Professor Weiler, William P. Marshall 2017 University of Maine School of Law

The Lautsi Decision And The American Establishment Clause Experience: A Response To Professor Weiler, William P. Marshall

Maine Law Review

In Lautsi v. Italy, the European Court of Human Rights (“ECHR”) held that an Italian law requiring crucifixes to be displayed in public school classrooms did not violate the European Convention on Human Rights (“European Convention”). In so holding, the ECHR sent the message that it would not incorporate American nonestablishment norms into its interpretation of the European Convention. They key advocate behind the Lautsi decision was Professor Joseph Weiler. Representing the nations intervening in the case on behalf of Italy, Professor Weiler took the lead in arguing against a strict nonestablishment interpretation of the European Convention—the position that ...


The Symbolic Garden: An Intersection Of The Food Movement And The First Amendment, Jaime Bouvier 2017 University of Maine School of Law

The Symbolic Garden: An Intersection Of The Food Movement And The First Amendment, Jaime Bouvier

Maine Law Review

What is communicated when a neighbor raises raspberries instead of roses on the porch trellis, grows lacinato kale rather than creeping bentgrass in the front yard, or keeps Buckeye hens rather than a bulldog? This essay asserts that these and other urban agricultural practices are expensive—that they are not just ends in themselves but are commutative acts. These acts are intended to educate neighbors, assert a viewpoint, establish identity, and area widely viewed as symbols of support for a social and political movement—what Michael Pollan has dubbed the “Food Movement.” And, as symbolic acts, they deserve protection under ...


The State Response To Hazelwood V. Kuhlmeier, Tyler J. Buller 2017 University of Maine School of Law

The State Response To Hazelwood V. Kuhlmeier, Tyler J. Buller

Maine Law Review

It’s hard to predict what an average member of the public thinks when he or she hears the words “student newspaper.” Opinions vary. This Article goes beyond that public perception and demonstrates that student journalists across the country are doing work that matters. Student reporters uncover corruption, help hold government officials accountable to taxpayers and the public, and bring to light important issues that would otherwise go unreported. They allow students to develop academically, professionally, and socially. And they give a voice to developing citizens who are often disenfranchised from voting, holding elected office, or otherwise participating in politics ...


Digital Commons powered by bepress