Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- First Amendment (3)
- First amendment (2)
- Free speech (2)
- Anti-cyberbullying (1)
- Autographical speech (1)
-
- Chief Judge Alex Kozinski (1)
- Compelled speech (1)
- Cyber bullying (1)
- Cyberbullying (1)
- DUI (1)
- Discrimination (1)
- Drunk driving (1)
- Employment (1)
- Establishment clause (1)
- Facebook (1)
- Federalism (1)
- Interlock (1)
- Internet (1)
- John Stuart Mill (1)
- Justice Marshall (1)
- Laws (1)
- License plates (1)
- Mark Tushnett (1)
- Narcissism (1)
- Non-political speech (1)
- One's self (1)
- Oneself (1)
- Political speech (1)
- Private concern (1)
- Procunier v. Martinez (1)
- Publication Type
Articles 1 - 6 of 6
Full-Text Articles in Law
The Constitutional Status Of Speech About Oneself, R. George Wright
The Constitutional Status Of Speech About Oneself, R. George Wright
Cleveland State Law Review
We have accepted above the well-established idea that speech about oneself that is also intended to convey some sort of political idea or to address some matter of public concern can typically be distinguished from speech about oneself with no such further intent. On this basis, we have argued, contrary to recent contentions, that the latter sort of speech-speech that is "merely" about the self, or about one's merely personal or private concerns-should not generally qualify for any sort of elevated free speech protection. Fundamentally, this is because such speech does not systematically promote any of the consensually recognized and …
The Myth Of Church-State Separation, David E. Steinberg
The Myth Of Church-State Separation, David E. Steinberg
Cleveland State Law Review
This article asserts that the church-state separation interpretation of Establishment Clause history is simply wrong. The framers were focused on the first five words of the amendment, which read: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof . . . .” The original Establishment Clause was a guarantee that the federal government would not interfere in state regulation of religion-whatever form that state regulation took. Rather than enacting the Establishment Clause to mandate a separation of church and state, the framers adopted the clause to protect divergent state practices-including state establishment of …
Have You Been Drinking Tonight Ms. Prynne - Ohio's Scarlet Letter For Ovi/Dui Offenders: A Violation Of First Amendment Protection Against Compelled Speech, William Livingston
Have You Been Drinking Tonight Ms. Prynne - Ohio's Scarlet Letter For Ovi/Dui Offenders: A Violation Of First Amendment Protection Against Compelled Speech, William Livingston
Cleveland State Law Review
This note examines the history of scarlet letter punishments. These types of sanctions raise many constitutional concerns; this Note will specifically address First Amendment compelled speech. Different standards of constitutional review for First Amendment violations and probation conditions will also be discussed. The note will also explain how Ohio's special license plate violates the First Amendment. Because the license plate is a legislative requirement that infringes upon free speech and eliminates judicial sentencing discretion, the state's interest must pass strict scrutiny. This analysis will confirm that the state's interest is legitimate but not compelling. The special license plate fails to …
Tweaking Tinker: Redefining An Outdated Standard For The Internet Era, Shannon M. Raley
Tweaking Tinker: Redefining An Outdated Standard For The Internet Era, Shannon M. Raley
Cleveland State Law Review
This Note argues that the Tinker standard needs to be reevaluated to encompass Internet-related cases both by eliminating the “on-campus” requirement and by further defining what constitutes a “substantial disruption.” The “on-campus” requirement should be eliminated for the following reasons: 1) lower federal courts already disregard this condition for Internet-related cases; 2) it leads students to abuse their First Amendment rights; and 3) this requirement threatens the safety of teachers, students, and other school personnel. Additionally, Tinker's “substantial disruption” prong would be better understood as a factors test. This ensures that schools utilize the same criteria in determining whether a …
Employment, Sexual Orientation And Religious Beliefs: Do Religious Educational Institutions Have A Protected Right To Discriminate In The Selection And Discharge Of Employees?, Ralph D. Mawdsley
Law Faculty Articles and Essays
The life blood of religious educational institutions is their doctrinal statements and codes of conduct that set standards for employee and student life. The purpose of this paper is to examine the freedom of religious educational institutions to make employment decisions related to three homosexuality related areas: sexual orientation, same-sex sexual activity outside marriage, and same-sex marriage. At the core of the discussion is the basic question whether religious educational institutions have a protected right to enforce doctrinal statements or codes of conduct addressing one or more of these areas.
This paper will examine legal issues related to the ability …
Anti-Cyber Bullying Statutes: Threat To Student Free Speech, John O. Hayward
Anti-Cyber Bullying Statutes: Threat To Student Free Speech, John O. Hayward
Cleveland State Law Review
On October 17, 2006, Megan Meier, a thirteen-year-old girl in Dardenne Prairie, Missouri, who had been diagnosed with attention deficit disorder and depression, committed suicide because of postings on MySpace, an Internet social networking site, saying she was a bad person whom everyone hated and the world would be better off without. As a result, the state revised its harassment and stalking statutes to prohibit using electronic means to knowingly "frighten, intimidate, or cause emotional distress to another person."' At the time of this writing, twenty-one states have passed similar legislation with others sure to follow. Many of these statutes …