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Articles 1 - 11 of 11

Full-Text Articles in Law

Freedom Of Unspoken Speech: Implied Defamation And Its Constitutional Limitations, Julie M. Capie Aug 2015

Freedom Of Unspoken Speech: Implied Defamation And Its Constitutional Limitations, Julie M. Capie

Touro Law Review

No abstract provided.


The Difficulty Of Balancing The Doctrine Of Prior Restraint With The Right Of Privacy, Bridgette Nunez Aug 2015

The Difficulty Of Balancing The Doctrine Of Prior Restraint With The Right Of Privacy, Bridgette Nunez

Touro Law Review

No abstract provided.


Tyranny Of The Arrogant, Ignorant And Intolerant: The Liberal Movement To Undermine Free Speech, Hon. Loretta A. Preska May 2015

Tyranny Of The Arrogant, Ignorant And Intolerant: The Liberal Movement To Undermine Free Speech, Hon. Loretta A. Preska

Touro Law Review

No abstract provided.


Five Justices Have Transformed The First Amendment’S Freedom Of Religion To Freedom From Religion, Gerald Walpin May 2015

Five Justices Have Transformed The First Amendment’S Freedom Of Religion To Freedom From Religion, Gerald Walpin

Touro Law Review

No abstract provided.


District Court, Nassau County, People V. Zedner, Jonathan Kirchner Apr 2015

District Court, Nassau County, People V. Zedner, Jonathan Kirchner

Touro Law Review

No abstract provided.


The Odyssey Of A Supreme Court Decision About The Sanctity Of Opinions Under The First Amendment, Richard H.W. Maloy Apr 2015

The Odyssey Of A Supreme Court Decision About The Sanctity Of Opinions Under The First Amendment, Richard H.W. Maloy

Touro Law Review

No abstract provided.


A Balanced Diet Of First Amendment Cases, Joel Gora Apr 2015

A Balanced Diet Of First Amendment Cases, Joel Gora

Touro Law Review

No abstract provided.


Land Use Law Update: Reed V. Town Of Gilbert Redux, Sarah Adams-Schoen Jan 2015

Land Use Law Update: Reed V. Town Of Gilbert Redux, Sarah Adams-Schoen

Scholarly Works

The Winter 2015 Land Use Law Update asked whether the Supreme Court’s decision in Reed v. Town of Gilbert would require municipalities throughout the country to rewrite their sign codes. The short answer is “yes.”

At a minimum, following the Supreme Court’s decision that the Town of Gilbert’s temporary directional sign regulations violated petitioners Good News Community Church’s and Pastor Clyde Reed’s First Amendment rights, municipalities will want to act quickly to amend their sign codes if they regulate different categories of signs differently. A code that places fewer restrictions on political or ideological signs than on directional signs likely …


Land Use Law Update: Will Reed V. Town Of Gilbert Require Municipalities Throughout The Country To Rewrite Their Sign Codes?, Sarah Adams-Schoen Jan 2015

Land Use Law Update: Will Reed V. Town Of Gilbert Require Municipalities Throughout The Country To Rewrite Their Sign Codes?, Sarah Adams-Schoen

Scholarly Works

The author discusses the imminent Supreme Court decision in Reed v. Town of Gilbert. Depending on how the Court decides the case, municipalities may need to act quickly to amend their sign regulations.


A Critique Of Hobby Lobby And The Supreme Court's Hands-Off Approach To Religion, Samuel J. Levine Jan 2015

A Critique Of Hobby Lobby And The Supreme Court's Hands-Off Approach To Religion, Samuel J. Levine

Scholarly Works

Over the past several decades, the United States Supreme Court has demonstrated an increasing refusal to engage in a close evaluation of the religious nature of Free Exercise and Establishment Clause claims, instead deferring to adherents’ characterizations of the substance and significance of a religious practice or belief. The Supreme Court’s hands-off approach, which it has justified on both constitutional and practical grounds, has attracted considerable scholarly attention, producing a substantial and growing body of literature assessing and, at times, critiquing the Court’s approach.

Part I of this Essay provides a brief overview for analyzing the Supreme Court’s hands-off approach …


Lane V. Franks: The Supreme Court Clarifies Public Employees’ Free Speech Rights, Thomas A. Schweitzer Jan 2015

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

Touro Law Review

No abstract provided.