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Full-Text Articles in Law
Respeaking The Bill Of Rights: A New Doctrine Of Incorporation, Kurt Lash
Respeaking The Bill Of Rights: A New Doctrine Of Incorporation, Kurt Lash
Indiana Law Journal
The incorporation of the Bill of Rights against the states by way of the Fourteenth Amendment raises a host of textual, historical, and doctrinal difficulties. This is true even if (especially if) we accept the Fourteenth Amendment as having made the original Bill of Rights binding against the states. Does this mean we have two Bills of Rights, one applicable against the federal government with a “1791” meaning and a second applicable against the state governments with an “1868” meaning? Do 1791 understandings carry forward into the 1868 amendment? Or do 1868 understandings of the Bill of Rights carry backward …
Platforms: The First Amendment Misfits, Jane R. Bambauer, James Rollins, Vincent Yesue
Platforms: The First Amendment Misfits, Jane R. Bambauer, James Rollins, Vincent Yesue
Indiana Law Journal
This Essay explains why previous First Amendment precedents that allowed government to require a private entity to host the speech of others have limited applicability to online platforms like Twitter and Facebook. Moreover, the backdrop of an open internet makes platforms sufficiently vulnerable to competition and responsive to “listener” preferences that the dominance of some firms like Facebook and Google is not really a chokepoint: aggressive changes to content curation will lead to user dissatisfaction and defection, whether those changes are made by the government or the companies themselves. As a result, there are no close analogies in First Amendment …
Policing The Wombs Of The World's Women: The Mexico City Policy, Samantha Lalisan
Policing The Wombs Of The World's Women: The Mexico City Policy, Samantha Lalisan
Indiana Law Journal
This Comment argues that the Policy should be repealed because it undermines
firmly held First Amendment values and would be considered unconstitutional if
applied to domestic nongovernmental organizations (DNGOs). It proceeds in four
parts. Part I describes the inception of the Policy and contextualizes it among other
antiabortion policies that resulted as a backlash to the U.S. Supreme Court’s
landmark decision in Roe v. Wade. Part II explains the Policy’s actual effect on
FNGOs, particularly focusing on organizations based in Nepal and Peru, and argues
that the Policy undermines democratic processes abroad and fails to achieve its stated
objective: reducing …
First Amendment Investigations And The Inescapable Pragmatism Of The Common Law Of Free Speech, Lawrence Rosenthal
First Amendment Investigations And The Inescapable Pragmatism Of The Common Law Of Free Speech, Lawrence Rosenthal
Indiana Law Journal
No abstract provided.
Regulating Student Speech: Suppression Versus Punishment, Emily Gold Waldman
Regulating Student Speech: Suppression Versus Punishment, Emily Gold Waldman
Indiana Law Journal
No abstract provided.
Free Speech And National Security, Geoffrey R. Stone
Free Speech And National Security, Geoffrey R. Stone
Indiana Law Journal
Symposium: An Ocean Apart? Freedom of Expression in Europe and the United States. This Article was originally written in French and delivered as a conference paper at a symposium held by the Center for American Law of the University of Paris II (Panthèon-Assas) on January 18-19, 2008.
The First Amendment And Commercial Speech, C. Edwin Baker
The First Amendment And Commercial Speech, C. Edwin Baker
Indiana Law Journal
Symposium: An Ocean Apart? Freedom of Expression in Europe and the United States. This Article was originally written in French and delivered as a conference paper at a symposium held by the Center for American Law of the University of Paris II (Panthèon-Assas) on January 18-19, 2008.
Is Moral Relativism A Constitutional Command?, Steven G. Gey
Is Moral Relativism A Constitutional Command?, Steven G. Gey
Indiana Law Journal
No abstract provided.
Free Speech And Due Process In The Workplace, Cynthia L. Estlund
Free Speech And Due Process In The Workplace, Cynthia L. Estlund
Indiana Law Journal
No abstract provided.
The Concept Of Offensiveness In Establishment And Free Exercise Jurisprudence, William P. Marshall
The Concept Of Offensiveness In Establishment And Free Exercise Jurisprudence, William P. Marshall
Indiana Law Journal
No abstract provided.
Law And Disorder, Robert W. Gordon
The Beggar's Free Speech, Anthony J. Rose
Free Speech And Freedom From Speech: Hustler Magazine V. Falwell, The New York Times Actual Malice Standard And Intentional Infliction Of Emotional Distress, Boyd C. Farnham
Indiana Law Journal
No abstract provided.
Freedom Of Speech And Press In America, By Edward G. Hudson, Ralph F. Fuchs
Freedom Of Speech And Press In America, By Edward G. Hudson, Ralph F. Fuchs
Indiana Law Journal
No abstract provided.