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

First Amendment Commons

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

4,947 Full-Text Articles 3,196 Authors 1,432,803 Downloads 137 Institutions

All Articles in First Amendment

Faceted Search

4,947 full-text articles. Page 7 of 134.

Reading, 'Riting, And Regulating Speech: Why Schools Can't Punish Off-Campus Speech And How The North Carolina Legislature Has Tried To Fill The Gaps, Hannah Wallace 2018 Campbell University School of Law

Reading, 'Riting, And Regulating Speech: Why Schools Can't Punish Off-Campus Speech And How The North Carolina Legislature Has Tried To Fill The Gaps, Hannah Wallace

Campbell Law Review

The intersection between school discipline and free speech has sparked debates over how far a school's authority extends beyond campus. The internet and the nationwide conversation about cyberbullying have only magnified the debate. In Tinker v. Des Moines, the Supreme Court recognized that students do retain their First Amendment rights while under the school's authority. The Court then went on to hold that a school can punish a student for his or her on-campus speech if the speech causes a substantial or material disruption to school activities or if the speech invades the rights of another student. Whether ...


Remedies And The Government's Constitutionally Harmful Speech, Helen Norton 2018 University of Colorado Law School

Remedies And The Government's Constitutionally Harmful Speech, Helen Norton

Articles

Although governments have engaged in expression from their inception, only recently have we begun to consider the ways in which the government’s speech sometimes threatens our constitutional rights. In my contribution to this symposium, I seek to show that although the search for constitutional remedies for the government’s harmful expression is challenging, it is far from futile. This search is also increasingly important at a time when the government’s expressive powers continue to grow—along with its willingness to use these powers for disturbing purposes and with troubling consequences.

More specifically, in certain circumstances, injunctive relief, declaratory ...


When The Fourth Estate’S Well Runs Dry, Megan L. Shaw 2018 Brooklyn Law School

When The Fourth Estate’S Well Runs Dry, Megan L. Shaw

Brooklyn Law Review

The press is under fire. Members of the press often face subpoenas or similar court orders, compelling the disclosure of a source’s identity. By issuing media subpoenas, the government has effectively censored the press—the exact type of censorship that the Supreme Court held presumptively unconstitutional over eight decades ago in Near v. Minnesota. Yet the least protected—and most complicated—aspect of the newsgathering process is a reporter’s relationship with her source. For decades, journalists have tried to assert defenses to government compulsions on First Amendment grounds as well as by invoking a “reporter’s privilege,” a ...


Pickering, Garcetti, & Academic Freedom, Mark Strasser 2018 Brooklyn Law School

Pickering, Garcetti, & Academic Freedom, Mark Strasser

Brooklyn Law Review

While the U. S. Supreme Court long ago recognized that individuals do not lose their free speech rights simply by virtue of being state employees, the contours of their First Amendment protections have been evolving over the past several decades. The proper way to apply these protections in the academic context is confusing, especially after Garcetti v. Ceballos in which the Court suggested that First Amendment protections do not attach insofar as individuals are speaking as employees rather than as citizens. The circuit courts have adopted a dizzying set of rules to determine when First Amendment protections are triggered in ...


Editor’S Introduction, Mitchell B. Bryant 2018 University of Oklahoma College of Law

Editor’S Introduction, Mitchell B. Bryant

Oklahoma Law Review

No abstract provided.


An Introductory Essay: Old Principles For An (Allegedly) Brave New World, Harry F. Tepker 2018 University of Oklahoma College of Law

An Introductory Essay: Old Principles For An (Allegedly) Brave New World, Harry F. Tepker

Oklahoma Law Review

No abstract provided.


Truth, Courage, And Other Human Dispositions: Reflections On Falsehoods And The First Amendment, Jonathan D. Varat 2018 University of Oklahoma College of Law

Truth, Courage, And Other Human Dispositions: Reflections On Falsehoods And The First Amendment, Jonathan D. Varat

Oklahoma Law Review

No abstract provided.


Lies, Line Drawing, And (Deep) Fake News, Marc Jonathan Blitz 2018 University of Oklahoma College of Law

Lies, Line Drawing, And (Deep) Fake News, Marc Jonathan Blitz

Oklahoma Law Review

No abstract provided.


The Right To Receive Foreign Speech, Joseph Thai 2018 University of Oklahoma College of Law

The Right To Receive Foreign Speech, Joseph Thai

Oklahoma Law Review

No abstract provided.


Suing The President For First Amendment Violations, Sonja R. West 2018 University of Oklahoma College of Law

Suing The President For First Amendment Violations, Sonja R. West

Oklahoma Law Review

No abstract provided.


False Speech And The First Amendment, Erwin Chemerinsky 2018 University of Oklahoma College of Law

False Speech And The First Amendment, Erwin Chemerinsky

Oklahoma Law Review

No abstract provided.


(At Least) Thirteen Ways Of Looking At Election Lies, Helen Norton 2018 University of Oklahoma College of Law

(At Least) Thirteen Ways Of Looking At Election Lies, Helen Norton

Oklahoma Law Review

No abstract provided.


Legislating Against Lying In Campaigns And Elections, Joshua S. Sellers 2018 University of Oklahoma College of Law

Legislating Against Lying In Campaigns And Elections, Joshua S. Sellers

Oklahoma Law Review

No abstract provided.


Free Speech And Domain Allocation: A Suggested Framework For Analyzing The Constitutionality Of Prohibition Of Lies, James Weinstein 2018 University of Oklahoma College of Law

Free Speech And Domain Allocation: A Suggested Framework For Analyzing The Constitutionality Of Prohibition Of Lies, James Weinstein

Oklahoma Law Review

No abstract provided.


Forward Into The Past: Speech Intermediaries In The Television And Internet Ages, Gregory P. Magarian 2018 University of Oklahoma College of Law

Forward Into The Past: Speech Intermediaries In The Television And Internet Ages, Gregory P. Magarian

Oklahoma Law Review

No abstract provided.


What Did The First Amendment Originally Mean?, Jud Campbell 2018 University of Richmond

What Did The First Amendment Originally Mean?, Jud Campbell

Law Faculty Publications

The First Amendment says that “Congress shall make no law … abridging the freedom of speech, or of the press.” For Americans, this language is familiar. But what exactly does it mean? How far do the speech and press clauses restrict governmental power? The founders, as we will see, answered these questions very differently than we typically do today. And the reasons why highlight fundamental shifts in American constitutional thought.


Hating Hate Speech: Why Current First Amendment Doctrine Does Not Condemn A Careful Ban, Rory Little 2018 University of California Hastings College of Law

Hating Hate Speech: Why Current First Amendment Doctrine Does Not Condemn A Careful Ban, Rory Little

Faculty Scholarship

No abstract provided.


The Question Of Speech On Private Campuses And The Answer Nobody Wants To Hear, Steven P. Aggergaard 2018 Mitchell Hamline School of Law

The Question Of Speech On Private Campuses And The Answer Nobody Wants To Hear, Steven P. Aggergaard

Mitchell Hamline Law Review

No abstract provided.


Trinity Lutheran And The Future Of Educational Choice: Implications For State Blaine Amendments, Richard D. Komer 2018 Mitchell Hamline School of Law

Trinity Lutheran And The Future Of Educational Choice: Implications For State Blaine Amendments, Richard D. Komer

Mitchell Hamline Law Review

No abstract provided.


The Public Defender's Pin: Untangling Free Speech Regulation In The Courtroom, Michael Kagan 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

The Public Defender's Pin: Untangling Free Speech Regulation In The Courtroom, Michael Kagan

Scholarly Works

Recent disputes in Ohio and Nevada about whether lawyers should be allowed to wear “Black Lives Matter” pins in open court expose a fault line in First Amendment law. Lower courts have generally been unsympathetic to lawyers who display political symbols in court. But it would go too far suggest that free speech has no relevance in courtrooms. This Essay argues for a way to strike a balance.


Digital Commons powered by bepress