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Full-Text Articles in Law
Protecting The Silence Of Speech: Academic Safe Spaces, The Free Speech Critique, And The Solution Of Free Association, Trevor N. Ward
Protecting The Silence Of Speech: Academic Safe Spaces, The Free Speech Critique, And The Solution Of Free Association, Trevor N. Ward
William & Mary Bill of Rights Journal
No abstract provided.
Horizontal Cybersurveillance Through Sentiment Analysis, Margaret Hu
Horizontal Cybersurveillance Through Sentiment Analysis, Margaret Hu
William & Mary Bill of Rights Journal
This Essay describes emerging big data technologies that facilitate horizontal cybersurveillance. Horizontal cybersurveillance makes possible what has been termed as “sentiment analysis.” Sentiment analysis can be described as opinion mining and social movement forecasting. Through sentiment analysis, mass cybersurveillance technologies can be deployed to detect potential terrorism and state conflict, predict protest and civil unrest, and gauge the mood of populations and subpopulations. Horizontal cybersurveillance through sentiment analysis has the likely result of chilling expressive and associational freedoms, while at the same time risking mass data seizures and searches. These programs, therefore, must be assessed as adversely impacting a combination …
All Employers Must Wash Their Speech Before Returning To Work: The First Amendment & Compelled Use Of Employees’ Preferred Gender Pronouns, Tyler Sherman
William & Mary Bill of Rights Journal
No abstract provided.
The Government Speech Doctrine In Walker’S Wake: Early Rifts And Reverberations On Free Speech, Viewpoint Discrimination, And Offensive Expression, Clay Calvert
William & Mary Bill of Rights Journal
This Article examines the immediate effects on free expression of the U.S. Supreme Court’s 2015 ruling in Walker v. Texas Division, Sons of Confederate Veterans, Inc. involving the government speech doctrine. In Walker, a sharply—and largely partisanly—divided Court upheld, in the face of a First Amendment challenge, Texas’s decision denying a private organization’s application for a specialty license plate featuring Confederate battle flag imagery. This Article initially reviews the government speech doctrine and Walker. It then analyzes Walker’s impact on cases that, like it, involve specialty license plate programs. Next, this Article explores lower court efforts stretching …
A Reverent Reflection Of The Splendid Scholarship Of Martin Redish—Does Reexamining Commercial Speech Shed Light On The Regrettable Reliance Upon Lie & Insult In Political Campaigns?, Douglas W. Kmiec
William & Mary Bill of Rights Journal
No abstract provided.
Introduction: The Moral Demands Of Commercial Speech, Andrew Koppelman
Introduction: The Moral Demands Of Commercial Speech, Andrew Koppelman
William & Mary Bill of Rights Journal
No abstract provided.
The Status Of The Hearer In Mr. Madison’S Neighborhood, Burt Neuborne
The Status Of The Hearer In Mr. Madison’S Neighborhood, Burt Neuborne
William & Mary Bill of Rights Journal
No abstract provided.
False Commercial Speech And The First Amendment: Understanding The Implications Of The Equivalency Principle, Martin H. Redish, Kyle Voils
False Commercial Speech And The First Amendment: Understanding The Implications Of The Equivalency Principle, Martin H. Redish, Kyle Voils
William & Mary Bill of Rights Journal
No abstract provided.
Are Commercial Speech Cases Ideological? An Empirical Inquiry, Adam M. Samaha, Roy Germano
Are Commercial Speech Cases Ideological? An Empirical Inquiry, Adam M. Samaha, Roy Germano
William & Mary Bill of Rights Journal
The empirical study of judicial behavior continues to grow and mature. The live challenges include specification, such as constructing useful conceptions and measures of ideology, mapping particular domains in which identifiable forces influence decisions, and quantifying the magnitudes of those influences. To make progress on these challenges, we roll out new and expanded datasets that build on the work of Cass Sunstein, Lee Epstein, Gregory Sisk, and others, and we report on the character of constitutional litigation today. Our datasets cover U.S. Court of Appeals decisions in five domains: (1) commercial speech, (2) gun rights, (3) abortion rights, (4) establishment …
No Regrets (Almost): After Virginia Board Of Pharmacy, Alan B. Morrison
No Regrets (Almost): After Virginia Board Of Pharmacy, Alan B. Morrison
William & Mary Bill of Rights Journal
No abstract provided.
Commercial Speech And The Perils Of Parity, Frederick Schauer
Commercial Speech And The Perils Of Parity, Frederick Schauer
William & Mary Bill of Rights Journal
No abstract provided.
The Coverage/Protection Distinction In The Law Of Freedom Of Speech—An Essay On Meta-Doctrine In Constitutional Law, Mark Tushnet
The Coverage/Protection Distinction In The Law Of Freedom Of Speech—An Essay On Meta-Doctrine In Constitutional Law, Mark Tushnet
William & Mary Bill of Rights Journal
No abstract provided.