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Full-Text Articles in Law
A Call For State Legislators To Reconsider Their Stance On School Choice And School Funding, Leah Blake
A Call For State Legislators To Reconsider Their Stance On School Choice And School Funding, Leah Blake
Brigham Young University Journal of Public Law
No abstract provided.
On Criminalizing Violent Speech, Amitai Etzioni
On Criminalizing Violent Speech, Amitai Etzioni
Brigham Young University Journal of Public Law
There is an increasingly high number of threats to kill, made by citizens against each other, and against public officials. These threats terrorize people, force them to take protective measures, make them reluctant to assume public office, and, when they do, make them feel as though they have to act cautiously. State and federal laws currently exist that prohibit such threats. This article examines the ways the courts have affected how these laws function. It concludes by suggesting ways these laws can be rendered more effective. Drawing on liberal communitarianism, this article seeks to offer practical recommendations for how the …
The Case Of The Smart City, Bruce Peabody, Kyle Morgan
The Case Of The Smart City, Bruce Peabody, Kyle Morgan
Brigham Young University Journal of Public Law
January 7, 2021, marked the seventy-fifth anniversary of Marsh v. Alabama, the case in which the Supreme Court of the United States extended the protections of the First and Fourteenth Amendments to a privately held “company town.” This article makes the case that the longstanding Marsh precedent, and the basic jurisprudential framework it set out, remain important in working through twenty-first century problems regarding public-private partnerships and their impact on constitutional rights. We bring this old ruling into our new century by extrapolating a hypothetical legal controversy from legislation currently under consideration in the states. Thus, the heart of our …
Safety Net Or Trap? A Policy-Oriented Analysis Of The Public Sex Offender Registry As Compelled Speech, Ann Weigly Deam
Safety Net Or Trap? A Policy-Oriented Analysis Of The Public Sex Offender Registry As Compelled Speech, Ann Weigly Deam
Brigham Young University Journal of Public Law
No abstract provided.
Shutting Down Speech 101: Saving Campus Free Speech From The Heckler’S Veto And The Speech Gerrymander, Charles Adside Iii
Shutting Down Speech 101: Saving Campus Free Speech From The Heckler’S Veto And The Speech Gerrymander, Charles Adside Iii
Brigham Young University Journal of Public Law
No abstract provided.
A Rhetorical Revolution: The Antithesis Of The First Amendment, Eimi Priddis Yildirim
A Rhetorical Revolution: The Antithesis Of The First Amendment, Eimi Priddis Yildirim
Brigham Young University Journal of Public Law
No abstract provided.
Mill, Holmes, Brandeis And A True Threat To Brandenburg, Mark Strasser
Mill, Holmes, Brandeis And A True Threat To Brandenburg, Mark Strasser
Brigham Young University Journal of Public Law
No abstract provided.
Finding A Place For Embedded Advertising Without Eroding The First Amendment: An Analysis Of The Blurring Line Between Verisimilar Programming And Commercial Speech, Jacob J. Strain
Brigham Young University Journal of Public Law
No abstract provided.
The Public Forum Doctrine And Public Housing Authorities: Can You Say That Here?, Martin J. Rooney
The Public Forum Doctrine And Public Housing Authorities: Can You Say That Here?, Martin J. Rooney
Brigham Young University Journal of Public Law
No abstract provided.
Preaching From The State's Podium: What Speech Is Proselytizing Prohibited By The Establishment Clause?, Christian M. Keiner
Preaching From The State's Podium: What Speech Is Proselytizing Prohibited By The Establishment Clause?, Christian M. Keiner
Brigham Young University Journal of Public Law
No abstract provided.
Incarceration Of The Free Exercise Clause: The Sixth Circuit's Misstep In Cutter V. Wilkinson, James B. Mcmullin
Incarceration Of The Free Exercise Clause: The Sixth Circuit's Misstep In Cutter V. Wilkinson, James B. Mcmullin
Brigham Young University Journal of Public Law
No abstract provided.
Adding Marks To The Mix Of An Already Muddled Decision Regarding Public Forums And Freedom Of Speech On The Internet , Tyson Snow
Adding Marks To The Mix Of An Already Muddled Decision Regarding Public Forums And Freedom Of Speech On The Internet , Tyson Snow
Brigham Young University Journal of Public Law
No abstract provided.
Proselytizers, Pamphleteers, Pests, And Other First Amendment Champions: Watchtower Bible And Tract Society Of New York, Inc. V. Village Of Stratton, Kathryn Lusty
Brigham Young University Journal of Public Law
No abstract provided.
Improper Application Of First-Amendment Scrutiny To Conduct-Based Public Nudity Laws: City Of Erie V. Pap's A.M. Perpetuates The Confusion Created By Barnes V. Glen Theatre, Inc., Aaron Brogdon
Brigham Young University Journal of Public Law
No abstract provided.
The Fda Knows Best . . Or Does It? First Amendment Protection Of Health Claims On Dietary Supplements: Pearson V. Shalala, Amber K. Spencer
The Fda Knows Best . . Or Does It? First Amendment Protection Of Health Claims On Dietary Supplements: Pearson V. Shalala, Amber K. Spencer
Brigham Young University Journal of Public Law
No abstract provided.
Lemon Is A Lemon: Toward A Rational Interpretation Of The Establishment Clause, Thomas C. Marks Jr., Michael Bertolini
Lemon Is A Lemon: Toward A Rational Interpretation Of The Establishment Clause, Thomas C. Marks Jr., Michael Bertolini
Brigham Young University Journal of Public Law
No abstract provided.
Religion, The First Amendment, And Public Education, Warren A. Nord
Religion, The First Amendment, And Public Education, Warren A. Nord
Brigham Young University Journal of Public Law
No abstract provided.
Religion, Zoning, And The Free Exercise Clase: The Impact Of Employment Division V. Smith, Bradley Donald Parkinson
Religion, Zoning, And The Free Exercise Clase: The Impact Of Employment Division V. Smith, Bradley Donald Parkinson
Brigham Young University Journal of Public Law
No abstract provided.
No Constitutional Shelter: The Ninth Circuit's Reading Of The Hybrid Claims Doctrine In American Friends Service Committee Corp. V. Thornburgh, Shawn Gunnarson
No Constitutional Shelter: The Ninth Circuit's Reading Of The Hybrid Claims Doctrine In American Friends Service Committee Corp. V. Thornburgh, Shawn Gunnarson
Brigham Young University Journal of Public Law
No abstract provided.
The Rise And Fall Of The Religion Clauses, Frederick Mark Gedicks
The Rise And Fall Of The Religion Clauses, Frederick Mark Gedicks
Brigham Young University Journal of Public Law
No abstract provided.
Brown V. Palmer: Public Forum Analysis And The Military, David M. Jones
Brown V. Palmer: Public Forum Analysis And The Military, David M. Jones
Brigham Young University Journal of Public Law
No abstract provided.
Solicitation On Postal Premises: United States V. Kokinda, Jay R. Larsen
Solicitation On Postal Premises: United States V. Kokinda, Jay R. Larsen
Brigham Young University Journal of Public Law
No abstract provided.