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Categorizing Student Speech, Alexander Tsesis Jul 2019

Categorizing Student Speech, Alexander Tsesis

Alexander Tsesis

No abstract provided.


Multifactoral Free Speech, Alexander Tsesis Jul 2019

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 …


Social Media Accountability For Terrorist Propaganda, Alexander Tsesis Jul 2019

Social Media Accountability For Terrorist Propaganda, Alexander Tsesis

Alexander Tsesis

Terrorist organizations have found social media websites to be invaluable for disseminating ideology, recruiting terrorists, and planning operations. National and international leaders have repeatedly pointed out the dangers terrorists pose to ordinary people and state institutions. In the United States, the federal Communications Decency Act's § 230 provides social networking websites with immunity against civil law suits. Litigants have therefore been unsuccessful in obtaining redress against internet companies who host or disseminate third-party terrorist content. This Article demonstrates that § 230 does not bar private parties from recovery if they can prove that a social media company had received complaints …


Balancing Free Speech, Alexander Tsesis Jun 2019

Balancing Free Speech, Alexander Tsesis

Alexander Tsesis

This article develops a theory for balancing free speech against other express and implied constitutional, statutory, and doctrinal values. It posits that free speech considerations should be connected to the underlying purpose of constitutional governance. When deciding difficult cases involving competing rights, judges should examine (1) whether unencumbered expression is likely to cause constitutional, statutory, or common law harms; (2) whether the restricted expression has been historically or traditionally protected; (3) whether a government policy designed to benefit the general welfare weighs in favor of the regulation; (4) the fit between the disputed speech regulation and the public end; and …


Informed Consent As Compelled Professional Speech: Fictions, Facts, And Open Questions, Nadia N. Sawicki Jun 2019

Informed Consent As Compelled Professional Speech: Fictions, Facts, And Open Questions, Nadia N. Sawicki

Nadia N. Sawicki

No abstract provided.


Hush Don't Say A Word: Safeguarding Student's Freedom Of Expression In The Trump Era, Laura R. Mcneal May 2019

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 …


Reconciling The "Moral Rights" Of Authors With The First Amendment Right Of Free Speech, John T. Cross Apr 2019

Reconciling The "Moral Rights" Of Authors With The First Amendment Right Of Free Speech, John T. Cross

John Cross

The article concludes that the First Amendment does not significantly limit the enforcement of those moral rights recognized by state and federal law. Several features of moral rights laws support this conclusion. First, many acts that infringe moral rights do not qualify as speech, and therefore receive no First Amendment protection. For example, the droit de suite, or resale right, is clearly constitutional under this rationale, as it involves no speech whatsoever. Second, even when the offending act is speech, most moral rights laws can be justified, depending on the circumstances, by one or more of several arguments. Indeed, many …


Sexting And Freedom Of Expression: A Comparative Approach, Joanne Sweeny Apr 2019

Sexting And Freedom Of Expression: A Comparative Approach, Joanne Sweeny

JoAnne Sweeny

No abstract provided.


Trapped In Public: The Regulation Of Street Harassment And Cyber-Harassment Under The Captive Audience Doctrine, Joanne Sweeny Apr 2019

Trapped In Public: The Regulation Of Street Harassment And Cyber-Harassment Under The Captive Audience Doctrine, Joanne Sweeny

JoAnne Sweeny

No abstract provided.


Do Sexting Prosecutions Violate Teenagers' Constitutional Rights?, Joanne Sweeny Apr 2019

Do Sexting Prosecutions Violate Teenagers' Constitutional Rights?, Joanne Sweeny

JoAnne Sweeny

The media has recently been highlighting a rash of prosecutions of teenagers who engage in "sexting"--sending nude or sexually explicit images of themselves or their peers--under child pornography laws. These prosecutions have led to mass criticism for threatening teens with long prison terms and registration as sex offenders for activities that are perceived to be relatively innocent. Many, if not most, of these sexting teens are legally permitted to engage in sexual activities through their states' statutory rape laws, which leads to an absurd situation in which teens are permitted to engage in sex but not photograph it. This mismatch …


Brief For Professor Kent Greenfield As Amicus Curiae In Support Of Respondents, State Of Washington Vs. Arlene's Flowers And Ingersoll Vs. Arlene's Flowers, Kent Greenfield Mar 2019

Brief For Professor Kent Greenfield As Amicus Curiae In Support Of Respondents, State Of Washington Vs. Arlene's Flowers And Ingersoll Vs. Arlene's Flowers, Kent Greenfield

Kent Greenfield

This amicus curiae brief addresses a fundamental state-law premise of Appellants’ constitutional claims that has gone largely unexplored in the prior briefing: whether Arlene’s Flowers, a Washington for-profit corporation, may obtain an exemption from generally applicable laws based on the religious beliefs of a shareholder, Mrs. Stutzman. Citing the U.S. Supreme Court’s decisions in Burwell v. Hobby Lobby Stores and Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, Appellants assert that “Arlene’s free-exercise rights are synonymous with Mrs. Stutzman’s.” Those two cases, however, had nothing to do with Washington corporate law and took no stance on the authority of …


"Enemy Of The People": Negotiating News At The White House, Carol Pauli Mar 2019

"Enemy Of The People": Negotiating News At The White House, Carol Pauli

Carol Pauli

How can the press serve as a check on executive power when the president calls it “fake” and the White House denies facts? As journalists debate the right response, this article offers advice from the perspective of a journalist who is now in the legal academy. Drawing on legal scholarship in the field of conflict resolution — as well as literature in journalism and political science — this article analyzes the White House press briefing as a negotiation over both the content of news and the relationship of the press and president. It aims to help the press fulfill the …


The Scrying Game: The First Amendment, The Rise Of Spiritualism, And State Prohibition And Regulation Of The Crafty Sciences, 1848-1944, Christine Corcos Mar 2019

The Scrying Game: The First Amendment, The Rise Of Spiritualism, And State Prohibition And Regulation Of The Crafty Sciences, 1848-1944, Christine Corcos

Christine A. Corcos

No abstract provided.


Seeing It Coming Since 1945: State Bans And Regulations Of Crafty Sciences Speech And Activity, Christine Corcos Mar 2019

Seeing It Coming Since 1945: State Bans And Regulations Of Crafty Sciences Speech And Activity, Christine Corcos

Christine A. Corcos

No abstract provided.


Is Placing A Cross On Public Property Constitutional?, Alan E. Garfield Feb 2019

Is Placing A Cross On Public Property Constitutional?, Alan E. Garfield

Alan E Garfield

No abstract provided.