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Articles 1 - 30 of 184
Full-Text Articles in Law
The Justices And News Judgment: The Supreme Court As News Editor, Amy Gajda
The Justices And News Judgment: The Supreme Court As News Editor, Amy Gajda
BYU Law Review
No abstract provided.
Not A Free Press Court?, Lyrissa Barnett Lidsky
Appellate Division, First Department - Parkhouse V. Stringer, Alyssa Dunn
Appellate Division, First Department - Parkhouse V. Stringer, Alyssa Dunn
Touro Law Review
No abstract provided.
Beyond The Schoolhouse Gate: Should Schools Have The Authority To Punish Online Student Speech?, Brittany L. Kaspar
Beyond The Schoolhouse Gate: Should Schools Have The Authority To Punish Online Student Speech?, Brittany L. Kaspar
Chicago-Kent Law Review
This note analyzes the current circuit split over whether schools should have the authority to punish students for speech made on the Internet. Part I discusses the First Amendment generally and the four Supreme Court cases that have refined its application with respect to on-campus student speech. Part II presents the ensuing circuit split over the constitutionality of disciplining students for online, off-campus speech. Specifically, this section will explain both of the existing perspectives and why neither of the two is ideal. Part III attempts to devise a solution to the current divide by advocating a compromise position. In particular, …
Morse V. Frederick: Tinkering With School Speech: Can Five Years Of Inconsistent Interpretation Yield A Hybrid Content—Effects-Based Approach To School Speech As A Tool For The Prevention Of School Violence?, Ronald C. Schoedel Iii
Morse V. Frederick: Tinkering With School Speech: Can Five Years Of Inconsistent Interpretation Yield A Hybrid Content—Effects-Based Approach To School Speech As A Tool For The Prevention Of School Violence?, Ronald C. Schoedel Iii
BYU Law Review
No abstract provided.
Talking Chalk: Defacing The First Amendmen In The Public Forum, Marie A. Failinger
Talking Chalk: Defacing The First Amendmen In The Public Forum, Marie A. Failinger
West Virginia Law Review
No abstract provided.
An Incompetent's Right To Withdraw From Treatment: Cruzan V. Missouri Department Of Health , Mary A. Watson
An Incompetent's Right To Withdraw From Treatment: Cruzan V. Missouri Department Of Health , Mary A. Watson
Pepperdine Law Review
No abstract provided.
Allocating The Costs Of Parental Free Exercise: Striking A New Balance Between Sincere Religious Belief And A Child's Right To Medical Treatment , Paul A. Monopoli
Allocating The Costs Of Parental Free Exercise: Striking A New Balance Between Sincere Religious Belief And A Child's Right To Medical Treatment , Paul A. Monopoli
Pepperdine Law Review
No abstract provided.
The Free Exercise Clause Gets A Costly Workout In Employment Division, Department Of Human Resources Of Oregon V. Smith , David Leventhal
The Free Exercise Clause Gets A Costly Workout In Employment Division, Department Of Human Resources Of Oregon V. Smith , David Leventhal
Pepperdine Law Review
No abstract provided.
Possession Of Child Pornography: Should You Be Convicted When The Computer Cache Does The Saving For You?, Giannina Marin
Possession Of Child Pornography: Should You Be Convicted When The Computer Cache Does The Saving For You?, Giannina Marin
Florida Law Review
“For years, defense lawyers have argued the ‘young and stupid’ semidefense for their youthful clients. Now, we can have the ‘I didn’t know it was on the hard drive’ objection for the unsophisticated computer user in child pornography cases—or at least they can in the 9th Circuit.” This quote, appearing on the website of an East Texas criminal defense law firm, refers to the outcome of United States v. Kuchinski. In Kuchinski, the defendant’s computer contained, in various forms, more than 15,000 images of child pornography. There was no question that Kuchinski’s volitional viewing of the images on the Internet …
Student Speech Rights In The Digital Age, Mary-Rose Papandrea
Student Speech Rights In The Digital Age, Mary-Rose Papandrea
Florida Law Review
For several decades courts have struggled to determine when, if ever, public schools should have the power to restrict student expression that does not occur on school grounds during school hours. In the last several years, courts have struggled with this same question in a new context—the digital media. The dramatic increase in the number of student speech cases involving the Internet, mobile phones, and video cameras begs for a closer examination of the scope of school officials’ authority to censor the expression of minors as well as the scope of juvenile speech rights generally. This Article takes a close …
False Statements V. Free Debate: Is The First Amendment A License To Lie In Elections?, Simon A. Rodell
False Statements V. Free Debate: Is The First Amendment A License To Lie In Elections?, Simon A. Rodell
Florida Law Review
No abstract provided.
Returning To Hazelwood's Core: A New Approach To Restrictions On School-Sponsored Speech, Emily Gold Waldman
Returning To Hazelwood's Core: A New Approach To Restrictions On School-Sponsored Speech, Emily Gold Waldman
Florida Law Review
Nearly twenty years ago in Hazelwood School District v. Kuhlmeier, the Supreme Court, in upholding the constitutionality of a public high school principal’s censorship of a student newspaper produced in a journalism class, held that “educators do not offend the First Amendment by exercising editorial control over the style and content of student speech in school-sponsored expressive activities so long as their actions are reasonably related to legitimate pedagogical concerns.” Since then, Hazelwood’s “reasonably related to legitimate pedagogical concerns” This Article argues that this conundrum can be untangled by returning to Hazelwood’s core as a student speech case. It first …
Ban On Nude Dancing Strips Away First Amendment Rights To Protect "Order And Morality" In Barnes V. Glen Theatre, Inc., Shannon Mclin Carlyle
Ban On Nude Dancing Strips Away First Amendment Rights To Protect "Order And Morality" In Barnes V. Glen Theatre, Inc., Shannon Mclin Carlyle
Pepperdine Law Review
No abstract provided.
The Policy Against Federal Funding For Abortions Extends Into The Realm Of Free Speech After Rust V. Sullivan, Loye M. Barton
The Policy Against Federal Funding For Abortions Extends Into The Realm Of Free Speech After Rust V. Sullivan, Loye M. Barton
Pepperdine Law Review
No abstract provided.
California's Constitutional Right To Privacy, J. Clark Kelso
California's Constitutional Right To Privacy, J. Clark Kelso
Pepperdine Law Review
No abstract provided.
Bridging The Liability Gap: How Kowalski's Interpretation Of Reasonable Foreseeability Limits School Liability For Inaction In Cases Of Cyberbullying, Christopher A. Sickles
Bridging The Liability Gap: How Kowalski's Interpretation Of Reasonable Foreseeability Limits School Liability For Inaction In Cases Of Cyberbullying, Christopher A. Sickles
William & Mary Bill of Rights Journal
No abstract provided.
The Private Club Exemption From Civil Rights Legislation - Sanctioned Discrimination Or Justified Protection Of Right To Associate, Margaret E. Koppen
The Private Club Exemption From Civil Rights Legislation - Sanctioned Discrimination Or Justified Protection Of Right To Associate, Margaret E. Koppen
Pepperdine Law Review
No abstract provided.
According To An Unnamed Official: Reconsidering The Consequences Of Confidential Source Agreements When Promises Are Broken By The Press, Peri Z. Hansen
According To An Unnamed Official: Reconsidering The Consequences Of Confidential Source Agreements When Promises Are Broken By The Press, Peri Z. Hansen
Pepperdine Law Review
No abstract provided.
Masson V. New Yorker Magazine, Inc.: Permission For Journalists To Quote What I Mean, Not What I Say, Kevin M. Erwin
Masson V. New Yorker Magazine, Inc.: Permission For Journalists To Quote What I Mean, Not What I Say, Kevin M. Erwin
Pepperdine Law Review
No abstract provided.
Government's Denigration Of Religion: Is God The Victim Of Discrimination In Our Public Schools?, Michael R. O'Neill
Government's Denigration Of Religion: Is God The Victim Of Discrimination In Our Public Schools?, Michael R. O'Neill
Pepperdine Law Review
No abstract provided.
Lee V. Weisman: Unanswered Prayers, Marilyn Perrin
Lee V. Weisman: Unanswered Prayers, Marilyn Perrin
Pepperdine Law Review
No abstract provided.
Board Of Education Of Kiryas Joel Village School District V. Grunet: The Supreme Court Shall Make No Law Defining An Establishment Of Religion, Joanne Kuhns
Pepperdine Law Review
No abstract provided.
Building The House On A Weak Foundation: Edenfield V. Fane And The Current State Of The Commercial Speech Doctrine, Dennis William Bishop
Building The House On A Weak Foundation: Edenfield V. Fane And The Current State Of The Commercial Speech Doctrine, Dennis William Bishop
Pepperdine Law Review
No abstract provided.
A First Amendment Exception To The "Collateral Bar" Rule: Protecting Freedom Of Expression And The Legitimacy Of Courts, Richard Labunski
A First Amendment Exception To The "Collateral Bar" Rule: Protecting Freedom Of Expression And The Legitimacy Of Courts, Richard Labunski
Pepperdine Law Review
No abstract provided.
Graffiti Museum: A First Amendment Argument For Protecting Uncommissioned Art On Private Property, Margaret L. Mettler
Graffiti Museum: A First Amendment Argument For Protecting Uncommissioned Art On Private Property, Margaret L. Mettler
Michigan Law Review
Graffiti has long been a target of municipal legislation that aims to preserve property values, public safety, and aesthetic integrity in the community. Not only are graffitists at risk of criminal prosecution but property owners are subject to civil and criminal penalties for harboring graffiti on their land. Since the 1990s, most U.S. cities have promulgated graffiti abatement ordinances that require private property owners to remove graffiti from their land, often at their own expense. These ordinances define graffiti broadly to include essentially any surface marking applied without advance authorization from the property owner. Meanwhile, graffiti has risen in prominence …
The Fourth Estate And The Third Level: Turner Broadcasting System, Inc. V. Federal Communications Commission—Cable Television And Intermediate Scrutiny, R. Stuart Phillips
The Fourth Estate And The Third Level: Turner Broadcasting System, Inc. V. Federal Communications Commission—Cable Television And Intermediate Scrutiny, R. Stuart Phillips
Pepperdine Law Review
No abstract provided.
As Unoriginal As They Wanna Be: Upholding Musical Parody In Campell V. Acuff-Rose Music, Inc., Gregory D. Deutsch
As Unoriginal As They Wanna Be: Upholding Musical Parody In Campell V. Acuff-Rose Music, Inc., Gregory D. Deutsch
Pepperdine Law Review
No abstract provided.
Smoking Out Big Tobacco: Some Lessons About Academic Freedom, The World Wide Web, Media Conglomeration, And Public Service Pedagogy From The Battle Over The Brown & Williamson Documents, Clay Calvert
Pepperdine Law Review
No abstract provided.
Madsen V. Women's Health Center, Inc.: Striking An Unequal Balance Between The Right Of Women To Obtain An Abortion And The Right Of Pro-Life Groups To Freedom Of Expression, Keli N. Osaki
Pepperdine Law Review
No abstract provided.