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Full-Text Articles in Law
The Second Amendment Has Become A Threat To The First, Diana Palmer, Timothy Zick
The Second Amendment Has Become A Threat To The First, Diana Palmer, Timothy Zick
Popular Media
No abstract provided.
"Hey, Hey! Ho, Ho! These Mass Arrests Have Got To Go!": The Expressive Fourth Amendment Argument, Karen J. Pita Loor
"Hey, Hey! Ho, Ho! These Mass Arrests Have Got To Go!": The Expressive Fourth Amendment Argument, Karen J. Pita Loor
William & Mary Journal of Race, Gender, and Social Justice
The racial justice protests ignited by the murder of George Floyd in May 2020 constitute the largest protest movement in the United States. Estimates suggest that between fifteen and twenty-six million people protested across the country during the summer of 2020 alone. Not only were the number of protestors staggering, but so were the number of arrests. Within one week of when the video of George Floyd’s murder went viral, police arrested ten thousand people demanding justice on American streets, with police often arresting activists en masse. This Essay explores mass arrests and how they square with Fourth Amendment …
Breathing Room For The Right Of Assembly, Tabatha Abu El-Haj
Breathing Room For The Right Of Assembly, Tabatha Abu El-Haj
William & Mary Journal of Race, Gender, and Social Justice
This Article explores the legal and political fault lines that the wave of protests highlighting police violence and systemic racism in the summer of 2020 reveal. It focuses in depth on Detroit, Michigan, as a window into the ways that the First Amendment, as currently construed, under-protects those seeking political change and racial reckoning by demonstrating in the streets.
The Costs Of Dissent: Protest And Civil Liabilities, Timothy Zick
The Costs Of Dissent: Protest And Civil Liabilities, Timothy Zick
Faculty Publications
This Article examines the civil costs and liabilities that apply to individuals who organize, participate in, and support protest activities. Costs ranging from permit fees to punitive damages significantly affect First Amendment speech, assembly, and petition rights. A variety of common law and statutory civil claims also apply to protest activities. Plaintiffs have recently filed a number of new civil actions negatively affecting protest, including "negligent protest," "aiding and abetting defamation," "riot boosting," "conspiracy to protest," and "tortious petitioning." The labels are suggestive of the threats these suits pose to First Amendment rights. All of these costs and liabilities add …
Protesting In America, Timothy Zick