Law Commons^™

Campus Speech And Harassment, Alexander Tsesis

Alexander Tsesis

No abstract provided.

Multifactoral Free Speech, Alexander Tsesis

Alexander Tsesis

This Article presents a multifactoral approach to free speech analysis. Difficult cases present a variety of challenges that require judges to weigh concerns for the protection of robust dialogue, especially about public issues, against concerns that sound in common law (such as reputation), statutory law (such as repose against harassment), and in constitutional law (such as copyright). Even when speech is implicated, the Court should aim to resolve other relevant individual and social issues arising from litigation. Focusing only on free speech categories is likely to discount substantial, and sometimes compelling, social concerns warranting reflection, analysis, and application. Examining the …

Hush Don't Say A Word: Safeguarding Student's Freedom Of Expression In The Trump Era, Laura R. Mcneal

Laura R. McNeal

The controversy surrounding NFL player Colin Kaepernick’s act of kneeling during the national anthem in protest of police brutality against people of color continues to permeate public discourse. In March 2017, President Trump referenced Colin Kaepernick’s symbolic act during a rally in Louisville, Kentucky, in an effort to illustrate his strong opposition to anyone kneeling during the national anthem. In this speech, President Trump stated that although many NFL franchise owners were interested in signing Colin Kaepernick, many were afraid of receiving a nasty tweet from him. Likewise, in another speech, President Trump stated, “I think it’s a great lack …

Can Dna Be Speech?, Jorge R. Roig

Jorge R Roig

Holmes And Brennan, Howard M. Wasserman

Howard M Wasserman

Sharing Stupid $H*T With Friends And Followers: The First Amendment Rights Of College Athletes To Use Social Media, Meg Penrose

Meg Penrose

This paper takes a closer look at the First Amendment rights of college athletes to access social media while simultaneously participating in intercollegiate athletics. The question posed is quite simple: can a coach or athletic department at a public university legally restrict a student-athlete's use of social media? If so, does the First Amendment provide any restraints on the type or length of restrictions that can be imposed? Thus far, neither question has been presented to a court for resolution. However, the answers are vital, as college coaches and athletic directors seek to regulate their athletes in a constitutional manner.

Lane V. Franks: The Supreme Court Clarifies Public Employees’ Free Speech Rights, Thomas A. Schweitzer

Thomas A. Schweitzer

No abstract provided.

A Quantum Congress, Jorge R. Roig

Jorge R Roig

A Comprehensive Approach To Bridging The Gap Between Cyberbullying Rules And Regulations And The Protections Offered By The First Amendment For Off-Campus Student Speech, Vahagn Amirian

Vahagn Amirian

No abstract provided.

"Dignitizing" Constitutions Worldwide: On The Proliferation Of Human Dignity In National Constitutions, Guy E. Carmi, Doron Shultziner

Guy E Carmi

Human dignity became widely used in national constitutions after WWII. This Article explores the scope of this increase of uses in constitutions worldwide, and within constitutions, and the different functions that the term serves at present. Our research demonstrates that human dignity is rapidly gaining more place and functions in national constitutions, some of them liberal and some are not. This Article also analyses three functions of human dignity: symbolic-declaratory uses for political purpose; guidelines to the implementation of rights; and also a limitation on fundamental rights. This Article demonstrates the increase in the use of dignity in constitutions over …

What Is The Meaning Of Like: The First Amendment Implications Of Social-Media Expression, Ira P. Robbins

Ira P. Robbins

Obscenity, Internet, Free Press And Free Speech - Constitutions Of India And The United States, Khagesh Gautam Prof.

Khagesh Gautam

No abstract provided.

A Tale Of Two Ironies: In Defense Of Tort, David Partlett, William Gill

William Gill

Bleeeeep! The Regulation Of Indecency, Isolated Nudity, And Fleeting Expletives In Broadcast Media: An Uncertain Future For Pacifica V. Fcc, Danielle Weatherby

Danielle Weatherby

Holocaust Denial And Governmentally Declared "Truth": French And American Perspectives, Russell L. Weaver

Russell L. Weaver

Wrestling With God: The Courts' Tortuous Treatment Of Religion, Patrick Garry

Patrick M. Garry

The relationship between church and state is both controversial and unsettled. For decades, the courts have vacillated dramatically in their rulings on when a particular governmental accommodation rises to the level of an impermissible state establishment of religion. Without a comprehensive theory of the First Amendment establishment clause, religion cases have devolved into a jurisprudence of minutiae. Seemingly insignificant occurrences, such as a student reading a religious story or a teacher wearing a cross on a necklace, have led to years of litigation. And because of the constant threat of judicial intrusion, a pervasive social anxiety exists about the presence …