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Articles 1 - 30 of 185
Full-Text Articles in Law
Tollbooths And Newsstands On The Information Superhighway, Brad A. Greenberg
Tollbooths And Newsstands On The Information Superhighway, Brad A. Greenberg
Michigan Telecommunications & Technology Law Review
Countering the perception that speech limitations affecting distribution necessarily reduce access to information, this Essay proffers that copyright expansions actually can increase access and thereby serve important copyright and First Amendment values. In doing so, this discussion contributes to the growing literature and two recent Supreme Court opinions discussing whether copyright law and First Amendment interests can coexist.
Getting Down To (Tattoo) Business: Copyright Norms And Speech Protections For Tattooing, Alexa L. Nickow
Getting Down To (Tattoo) Business: Copyright Norms And Speech Protections For Tattooing, Alexa L. Nickow
Michigan Telecommunications & Technology Law Review
What level of First Amendment protection should we afford tattooing? General public consensus formerly condemned tattoos as barbaric, but the increasingly diverse clientele of tattoo shops suggests that tattoos have become more mainstream. However, the law has struggled to adjust. The recent proliferation of municipal near-bans on tattooing has brought tattooing to the forefront of First Amendment debates, with cases such as Anderson and Coleman leading the way toward recognizing tattooing as pure speech. Tensions between formal and informal copyright norms in the tattoo industry further highlight the collaborative and expressive nature of the artist-customer relationship and its resulting products, …
Aiding The Enemy Or Promoting Democracy? Defining The Rights Of Journalists And Whistleblowers To Disclose National Security Information, Candice M. Kines
Aiding The Enemy Or Promoting Democracy? Defining The Rights Of Journalists And Whistleblowers To Disclose National Security Information, Candice M. Kines
West Virginia Law Review
No abstract provided.
State Session Freeze Laws—Potential Solution Or Unconstitutional Restriction?, Dru Swaim
State Session Freeze Laws—Potential Solution Or Unconstitutional Restriction?, Dru Swaim
Seattle University Law Review
Since the Citizens United decision in 2010 reduced Congress’s ability to constitutionally regulate money in elections, proponents of campaign finance reform have looked for alternative ways to achieve the goals of greater transparency and reduce the amount of money spent in federal elections. In the three years since Citizens United, the amount of money spent in federal campaigns has increased exponentially. In fact, the total amount of money spent in federal elections has nearly doubled since 2000. Citizens United represents a serious blow to the traditional methods used to restrict the amount of money in politics: limitations on the amounts …
Mania: The Lives, Literature, And Law Of The Beats, Ronald K.L. Collins, David M. Skover
Mania: The Lives, Literature, And Law Of The Beats, Ronald K.L. Collins, David M. Skover
Seattle University Law Review
The Beats introduced the counter-culture to twentieth century America. They were the first to break away from Eisenhower conformity, from the era of the Man in the Grey Flannel Suit. With them came an infusion of rebel spirit—a spirit that hearkened back to Walt Whitman—in their lives, literature, and law. Their literature spawned a remarkable chapter in American obscenity law. The prosecution of Allen Ginsberg’s epic poem, Howl, was the last of its kind in this nation; and the prosecution of William Burroughs’s Naked Lunch is one of the last times that a novel was charged as obscene. The First …
Tinker-Ing With Speech Categories: Solving The Off-Campus Student Speech Problem With A Categorical Approach And A Comprehensive Framework, Scott Dranoff
William & Mary Law Review
No abstract provided.
Delegation And The Destruction Of American Liberties: The Affordable Care Act And The Contraception Mandate, Michael Barone, Jr.
Delegation And The Destruction Of American Liberties: The Affordable Care Act And The Contraception Mandate, Michael Barone, Jr.
Touro Law Review
No abstract provided.
Pledge, Promise, Or Commit: New York's Tenuous Limitations On Judicial Campaign Speech, Noah Hertz-Bunzl
Pledge, Promise, Or Commit: New York's Tenuous Limitations On Judicial Campaign Speech, Noah Hertz-Bunzl
Touro Law Review
No abstract provided.
Speech As A Weapon: Planned Parenthood V. American Coalition Of Life Activists And The Need For A Reasonable Listener Standard, Alex J. Berkman
Speech As A Weapon: Planned Parenthood V. American Coalition Of Life Activists And The Need For A Reasonable Listener Standard, Alex J. Berkman
Touro Law Review
No abstract provided.
The First Amendment, Equal Protection And Felon Disenfranchisement: A New Viewpoint, Janai S. Nelson
The First Amendment, Equal Protection And Felon Disenfranchisement: A New Viewpoint, Janai S. Nelson
Florida Law Review
This Article engages the equality principles of the First Amendment and the Equal Protection Clause to reconsider the constitutionality of one of the last and most entrenched barriers to universal suffrage—felon disenfranchisement. A deeply racialized problem, felon disenfranchisement is additionally and independently a legislative judgment as to which citizen‘s ideas are worthy of inclusion in the electorate. Relying on a series of cases involving state interests in protecting the ballot and promoting its intelligent use, this Article demonstrates that felon disenfranchisement is open to attack under the Supreme Court‘s fundamental rights jurisprudence when it is motivated by a desire to …
Freedom Of Speech, Defamation, And Injunctions, David S. Ardia
Freedom Of Speech, Defamation, And Injunctions, David S. Ardia
William & Mary Law Review
It has long been a fixture of Anglo-American law that defamation plaintiffs are not entitled to injunctive relief; their remedies are solely monetary. Indeed, it has been repeated as a truism: “equity will not enjoin a libel.” This precept rests on one of the strongest presumptions in First Amendment jurisprudence: that injunctions against libel and other kinds of speech are unconstitutional prior restraints. But it may not be true, at least not anymore.
Over the past decade, the Internet has brought increased attention to the adequacy of the remedies available in defamation cases. Prior to the widespread availability of digital …
The Chilling Effect And The Problem Of Private Action, Monica Youn
The Chilling Effect And The Problem Of Private Action, Monica Youn
Vanderbilt Law Review
A First Amendment chilling effect occurs when a governmental action creates a consequence that deters an individual from exercising expressive rights. But in some cases, the chilling effect does not stem directly from the governmental action, but instead from intervening private actions. For example, the mandatory disclosure of campaign contributions may "chill" contributors, due to the potential threat of retaliatory acts by private actors, such as criticism, protests, boycotts, threats, or violence. Is there a point at which the chilling effect is attributable to that private reaction, rather than to the challenged governmental action? And should we distinguish between chilling …
Be A Liar Or You're Fired! First Amendment Protection For Public Employees Who Object To Their Employer's Criminal Demands, Keane A. Barger
Be A Liar Or You're Fired! First Amendment Protection For Public Employees Who Object To Their Employer's Criminal Demands, Keane A. Barger
Vanderbilt Law Review
Public perception of the Roberts Court has been defined, to a significant degree, by its First Amendment jurisprudence. Defending free speech has been hailed as one of the Court's "signature projects." However, as some commentators have noted, once one looks beyond the high-profile cases, the Roberts Court has been decidedly less pro- speech. Recent Supreme Court rulings have not looked kindly upon free speech claims raised by students, humanitarian organizations, and, most pertinent for this Note, public employees. The apparent disparity between the treatment of corporate and financial interests, on the one hand, and the interests of labor, students, and …
Innocent Beware: On Religion Clause Jurisprudence And The Negligent Retention Or Hiring Of Clergy, Mark Strasser
Innocent Beware: On Religion Clause Jurisprudence And The Negligent Retention Or Hiring Of Clergy, Mark Strasser
William & Mary Bill of Rights Journal
No abstract provided.
Secondary Speech And The Protective Approach To Interpretive Dualities In The Roberts Court, Nat Stern
Secondary Speech And The Protective Approach To Interpretive Dualities In The Roberts Court, Nat Stern
William & Mary Bill of Rights Journal
No abstract provided.
Pro-Whistleblower Reform In The Post-Garcetti Era, Julian W. Kleinbrodt
Pro-Whistleblower Reform In The Post-Garcetti Era, Julian W. Kleinbrodt
Michigan Law Review
Whistleblowers who expose government ineptitude, inefficiency, and corruption are valuable assets to a well-functioning democracy. Until recently, the Connick–Pickering test governed public employee speech law; it gave First Amendment protection to government employees who spoke on matters of public concern—-such as whistleblowers-—so long as the government’s administrative concerns did not outweigh the employees’ free speech interests. The Supreme Court significantly curtailed the protection of such speech in its recent case, Garcetti v. Ceballos. This case created a categorical threshold requirement that afforded no protection to speech made as an employee rather than as a citizen. Garcetti’s problematic rule has forced …
A Constitutional Balancing In Need Of Adjustment: On Defamation, Breaches Of Confidentiality, And The Church, Mark P. Strasser
A Constitutional Balancing In Need Of Adjustment: On Defamation, Breaches Of Confidentiality, And The Church, Mark P. Strasser
First Amendment Law Review
No abstract provided.
Contents, First Amendment Law Review
Physicians, Firearms & Free Expression: Reconciling First Amendment Theory With Doctrinal Analysis Regarding The Right To Pose Questions To Patients, Clay Calvert, Daniel Axelrod, Justin B. Hayes, Minch Minchin
Physicians, Firearms & Free Expression: Reconciling First Amendment Theory With Doctrinal Analysis Regarding The Right To Pose Questions To Patients, Clay Calvert, Daniel Axelrod, Justin B. Hayes, Minch Minchin
First Amendment Law Review
No abstract provided.
Crushing Animals And Crashing Funerals: The Semiotics Of Free Expression, Harold Anthony Lloyd
Crushing Animals And Crashing Funerals: The Semiotics Of Free Expression, Harold Anthony Lloyd
First Amendment Law Review
No abstract provided.
The Mpaa: A Script For An Antitrust Production, Ian G. Henry
The Mpaa: A Script For An Antitrust Production, Ian G. Henry
West Virginia Law Review
No abstract provided.
The Collision Of Social Media And Social Unrest: Why Shutting Down Social Media Is The Wrong Response, Mirae Yang
The Collision Of Social Media And Social Unrest: Why Shutting Down Social Media Is The Wrong Response, Mirae Yang
Northwestern Journal of Technology and Intellectual Property
With the growing availability of Internet access across the globe, social media has transformed the traditional relationship between government authority and its citizens by providing the people with an innovative and powerful means to harmonize their efforts in expressing their political and social concerns. The importance of safeguarding Internet availability is more critical than ever before as access to the Internet is now the means by which the world communicates, stays informed, and engages in daily tasks. In the face of potential social unrest fueled by social media, the United States must take a preventative approach, one that matches our …
Re-Establishing Distributor Liability On The Internet: Recognizing The Applicability Of Traditional Defamation Law To Section 230 Of The Communications Decency Act Of 1996, William E. Buelow Iii
Re-Establishing Distributor Liability On The Internet: Recognizing The Applicability Of Traditional Defamation Law To Section 230 Of The Communications Decency Act Of 1996, William E. Buelow Iii
West Virginia Law Review
Plaintiffs whose reputations have suffered irreparable injury from the distribution of defamatory statements have generally been permitted by law to recover damages from the enterprises that distributed the publications known to contain the defamatory material. However, when the enterprise that knowingly distributed the injurious content is an Internet service provider ("ISP"), present law denies that same plaintiff recovery. This perception of ISP immunity flows from a decision by the United States Court of Appeals for the Fourth Circuit in Zeran v. America Online, Inc., where the Court extended certain immunities offered by the Communications Decency Act of 1996 (the "CDA"). …
The First Amendment: Religious Freedom For All, Including Muslims, Asma Uddin
The First Amendment: Religious Freedom For All, Including Muslims, Asma Uddin
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
It's My Party And I'Ll Do What I Want To: Political Parties, Unconstitutional Conditions, And The Freedom Of Association, Michael R. Dimino Sr.
It's My Party And I'Ll Do What I Want To: Political Parties, Unconstitutional Conditions, And The Freedom Of Association, Michael R. Dimino Sr.
First Amendment Law Review
No abstract provided.
Religious Liberty And The Financial War On Terror, Malick W. Ghachem
Religious Liberty And The Financial War On Terror, Malick W. Ghachem
First Amendment Law Review
No abstract provided.
When Open Government And Academic Freedom Collide, Jonathan Peters, Charles N. Davis
When Open Government And Academic Freedom Collide, Jonathan Peters, Charles N. Davis
First Amendment Law Review
No abstract provided.
First Amendment Rights For Publishers And The Distribution Of Unsolicited Magazines To Inmates, Samantha Halpern
First Amendment Rights For Publishers And The Distribution Of Unsolicited Magazines To Inmates, Samantha Halpern
Pace Law Review
This Article discusses whether inmates have a First Amendment interest in receiving unsolicited publications, and whether a publisher has a First Amendment interest in distributing unsolicited publications. Part II will discuss the history of prisoners’ First Amendment rights, specifically in relation to publications and communications, and how the standard for First Amendment violations of prisoner rights has evolved over time. Part III will focus on the Supreme Court case Turner v. Safley and how the test articulated in Turner applied to cases that followed. Part IV will address whether the Turner standard was the appropriate test to apply to whether …
Constitutional Law—First Amendment—Social Media Rams The Tinker Schoolhouse Gate: A New Approach For Online Student Speech, S. Kate Fletcher
Constitutional Law—First Amendment—Social Media Rams The Tinker Schoolhouse Gate: A New Approach For Online Student Speech, S. Kate Fletcher
University of Arkansas at Little Rock Law Review
No abstract provided.
A First Amendment Defense To The Federal Cyberstalking Statute In The Age Of Twitter, Christopher Young
A First Amendment Defense To The Federal Cyberstalking Statute In The Age Of Twitter, Christopher Young
Washington Journal of Law, Technology & Arts
Real-time information technology facilitates more efficient channels of communication. As communication becomes nearly instantaneous and further reaching, it seems probable that more expression will fall within the scope of cyberharassment and cyberstalking laws. Attorneys who represent clients indicted on such criminal charges need to familiarize themselves with possible defenses. This Article suggests invoking the overbreadth doctrine to exonerate a client who is charged with violating the federal cyberstalking statute.