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First Amendment

William & Mary Law Review

United States Constitution. 1st Amendment

Publication Year

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Full-Text Articles in Law

Protecting The Role Of The Press During Times Of Crisis, Mary-Rose Papandrea Mar 2020

Protecting The Role Of The Press During Times Of Crisis, Mary-Rose Papandrea

William & Mary Law Review

President Trump’s daily tweets attacking the media have led many observers to express concern about the state of the press in our nation. Trump has called the press “the ... enemy of the [American] people,” encouraged a climate of hatred toward journalists at his rallies, refused to condemn Saudi Arabia for the brutal killing of reporter Jamal Khashoggi, and accused the media of writing “fake news.” The public’s trust in the institutional press has simultaneously diminished. Combined with the continuing economic challenges journalists face, the press is certainly facing some difficult times.

Nevertheless, things are not as dire as they …


Extrajudicial Statements And Prejudice In The Digital Age: Creating Factors To Preserve The Balance Between Attorney And State Interests In Trial Litigation, Emily R. O'Hara Feb 2020

Extrajudicial Statements And Prejudice In The Digital Age: Creating Factors To Preserve The Balance Between Attorney And State Interests In Trial Litigation, Emily R. O'Hara

William & Mary Law Review

As social media’s prevalence and usage grows within the United States, people and organizations capitalize on new media to send news to users. In 2017, 67 percent of people consumed their news from social media websites, and the rate continues to grow. Local and national news sources bring newsworthy stories to active users on social media sites such as Twitter, where users can communicate and interact with one another to promote ideas and spread information. These online accounts cover not only mundane, day-to-day news, but also salacious stories relating to civil and criminal lawsuits.

In April 2018, attorney Neal Katyal …


The Integrity Of Marriage, Kaiponanea T. Matsumura Nov 2019

The Integrity Of Marriage, Kaiponanea T. Matsumura

William & Mary Law Review

While the Supreme Court’s decision in Obergefell v. Hodges resolved a dispute about access to legal marriage, it also exposed a rift between the Justices about what rights, obligations, and social meanings marriage should entail. The majority opinion described marriage as a “unified whole” comprised of “essential attributes,” both legal and extralegal. The dissents, in contrast, were more skeptical about marriage’s inherent legal content. Justice Scalia, for instance, characterized marriage as a mere bundle of “civil consequences” attached to “whatever sexual attachments and living arrangements [the law] wishes.” This side debate has taken center stage in several recent disputes. In …