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

Law Commons

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

Constitutional Law

2009

Freedom of Speech

William & Mary Law School

Articles 1 - 5 of 5

Full-Text Articles in Law

The Bapcpa, The Gag Rule, And The First Amendment: A Proposal For Alignment Through Interpretive And Analytical Change, Cullen Ann Drescher Dec 2009

The Bapcpa, The Gag Rule, And The First Amendment: A Proposal For Alignment Through Interpretive And Analytical Change, Cullen Ann Drescher

William & Mary Bill of Rights Journal

No abstract provided.


Must God Be Dead Or Irrelevant: Drawing A Circle That Lets Me In, Richard M. Esenberg Oct 2009

Must God Be Dead Or Irrelevant: Drawing A Circle That Lets Me In, Richard M. Esenberg

William & Mary Bill of Rights Journal

Some scholars claim that current Establishment Clause doctrine can increasingly be explained in terms of substantive neutrality-that is, the idea that government ought to treat religion and irreligion (or comparable secular activities) in the same way. Whether a product of the Court's commitment to the idea or an artifact of the positions of the "swing" Justices, this proposition has considerable explanatory power. The Supreme Court has, in recent years, permitted the government to make financial support equally available for religious uses, as long as it is done on a neutral basis and through the private choice of the recipients. It …


Guns And Speech Technologies: How The Right To Bear Arms Affects Copyright Regulations Of Speech Technologies, Edward Lee May 2009

Guns And Speech Technologies: How The Right To Bear Arms Affects Copyright Regulations Of Speech Technologies, Edward Lee

William & Mary Bill of Rights Journal

This Article examines the possible effect the Supreme Court's landmark Second Amendment ruling in District of Columbia v. Heller will have on future cases brought under the Free Press Clause.' Based on the text and history of the Constitution, the connection between the two Clauses is undeniable, as the Heller Court itself repeatedly suggested. Only two provisions in the entire Constitution protect individual rights to a technology: the Second Amendment's right to bear "arms" and the Free Press Clause's right to the freedom of the "press," meaning the printing press. Both rights were viewed, moreover, as pre-existing, natural rights to …


The Public's Domain In Trademark Law: A First Amendment Theory Of The Consumer, Laura A. Heymann Apr 2009

The Public's Domain In Trademark Law: A First Amendment Theory Of The Consumer, Laura A. Heymann

Faculty Publications

No abstract provided.


Making Sense Of High School Speech After Morse V. Frederick, Mark W. Cordes Mar 2009

Making Sense Of High School Speech After Morse V. Frederick, Mark W. Cordes

William & Mary Bill of Rights Journal

No abstract provided.