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Full-Text Articles in Law

Sharing Stupid $H*T With Friends And Followers: The First Amendment Rights Of College Athletes To Use Social Media, Meg Penrose Nov 2015

Sharing Stupid $H*T With Friends And Followers: The First Amendment Rights Of College Athletes To Use Social Media, Meg Penrose

Meg Penrose

This paper takes a closer look at the First Amendment rights of college athletes to access social media while simultaneously participating in intercollegiate athletics. The question posed is quite simple: can a coach or athletic department at a public university legally restrict a student-athlete's use of social media? If so, does the First Amendment provide any restraints on the type or length of restrictions that can be imposed? Thus far, neither question has been presented to a court for resolution. However, the answers are vital, as college coaches and athletic directors seek to regulate their athletes in a constitutional manner.


United States V. American Library Association: The Choice Between Cash And Constitutional Rights, Barbara A. Sanchez Jul 2015

United States V. American Library Association: The Choice Between Cash And Constitutional Rights, Barbara A. Sanchez

Akron Law Review

This Note discusses the possibility that the Court, in its eagerness to protect children, twisted established First Amendment doctrines to uphold CIPA and declined to address other legal issues that weaken CIPA’s constitutionality. Part II provides a historical background of previous legislation attempting to protect children accessing the Internet, explains what CIPA is and compares it to previous legislation, and also discusses current filtering technology and its limitations. Part III provides a statement of the facts, including the procedural history of the case. Part IV analyzes the Court’s confusing and inconsistent application of firmly established rules dealing with Congress’ spending …


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

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

Thomas A. Schweitzer

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.


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.


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.


Protest, Policing, And The Petition Clause: A Review Of Ronald Krotoszynski's Reclaiming The Petition Clause, Christina E. Wells Jan 2015

Protest, Policing, And The Petition Clause: A Review Of Ronald Krotoszynski's Reclaiming The Petition Clause, Christina E. Wells

Faculty Publications

This essay, a short book review of Ronald Krotoszynski Jr.'s book, Reclaiming the Petition Clause Seditious Libel, "Offensive" Protest, and the Right to Petition the Government for Redress of Grievances, examines the variety of restrictions that actually affect protestors in the modern landscape. Professor Krotoszynski effectively argues that the Supreme Court's current use of content neutral time place and manner restrictions allows government officials to engage in surreptitious content censorship and also revives the defunct crime of seditious libel. His proposal to locate protestors' rights in the petition clause of the First Amendment is both historically grounded and attempts to …


A Quantum Congress, Jorge R. Roig Dec 2014

A Quantum Congress, Jorge R. Roig

Jorge R Roig

This article tries to address the problem of a corrupt and broken electoral system that has been captured by special interests through big money spending in political campaigns, while at the same time preserving the spirit of the Free Speech Clause of our Constitution. In doing so, this article first reviews and summarizes the different alternatives proposed as potential fixes for the campaign finance problem. It then explains why none of the proposed alternatives can accomplish the dual goals set out above. Finally, the article briefly sketches a proposal for a fundamental reworking of our representative democracy by substituting legislative …