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Full-Text Articles in Law
Appellate Division, First Department - Parkhouse V. Stringer, Alyssa Dunn
Appellate Division, First Department - Parkhouse V. Stringer, Alyssa Dunn
Touro Law Review
No abstract provided.
The Disappearing Schoolhouse Gate: Applying Tinker In The Internet Age , John T. Ceglia
The Disappearing Schoolhouse Gate: Applying Tinker In The Internet Age , John T. Ceglia
Pepperdine Law Review
No abstract provided.
Liable For Your Lies: Misrepresentation Law As A Mechanism For Regulating Behavior On Social Networking Sites, Geelan Fahimy
Liable For Your Lies: Misrepresentation Law As A Mechanism For Regulating Behavior On Social Networking Sites, Geelan Fahimy
Pepperdine Law Review
No abstract provided.
The Constitutional Jurisprudence Of Justice Kennedy On Speech, Charles D. Kelso, R. Randal Kelso
The Constitutional Jurisprudence Of Justice Kennedy On Speech, Charles D. Kelso, R. Randal Kelso
San Diego Law Review
Justice Kennedy's basic principles in free speech cases are supporting political freedom, supporting individual autonomy, and protecting freedom to teach, learn, and innovate. Given these principles, his opinions in free speech cases protect free speech from government regulation unless the government can provide strong reasons for any restrictive action and show that the means it has chosen to carry out its purposes are closely tailored to its goals. At a minimum, judicial review is by strict scrutiny for content-based regulations and intermediate review for content-neutral time, place, and manner regulations. In some cases, Justice Kennedy has indicated a preference for …
Adolescent Identity Versus The First Amendment: Sexuality And Speech Rights In The Public Schools, Steven J. Macias
Adolescent Identity Versus The First Amendment: Sexuality And Speech Rights In The Public Schools, Steven J. Macias
San Diego Law Review
This Article examines the legal tensions that currently exist between public schools' attempts to protect gay students from bullying and harassment and antigay students' First Amendment rights to engage in allegedly harassing speech. First, it looks at the popular conception of the relationship between childhood or adolescence and sexuality by considering the political and legal fallout of the same-sex marriage debate. Then this Article turns to a conception of public schooling that would allow for the constitutionally permissible regulation of antigay-identity speech. Next, through the use of critical theory, this Article explains why First Amendment defenses to gay harassment have …
Big Censorship In The Big House—A Quarter-Century After Turner V. Safley: Muting Movies, Music & Books Behind Bars, Clay Calvert, Kara Carnley Murrhee
Big Censorship In The Big House—A Quarter-Century After Turner V. Safley: Muting Movies, Music & Books Behind Bars, Clay Calvert, Kara Carnley Murrhee
Northwestern Journal of Law & Social Policy
On the twenty-fifth anniversary of the United States Supreme Court’s decision in Turner v. Safley, this Article examines how federal courts across the country are applying the Turner standard today in cases involving the First Amendment free speech rights of inmates. Are courts too quick today to support the censorial proclivities of prison officials? Do judges too readily capitulate in deference to the concerns of those tasked with overseeing the incarcerated? Those are the key questions this Article addresses by analyzing inmate access to magazines, movies, books, and other common forms of media artifacts. This Article’s determinations stem from …
Will Free Speech Get A License To Drive In Florida?: A Proposal For Distinguishing Free Speech From Government Speech In Florida Specialty Plate Cases, Christopher Robert Dillingham Ii
Will Free Speech Get A License To Drive In Florida?: A Proposal For Distinguishing Free Speech From Government Speech In Florida Specialty Plate Cases, Christopher Robert Dillingham Ii
Florida A & M University Law Review
Specialty license plates for automobiles, which publish individual and special interest Free Speech, present a quagmire for the courts when analyzed through the lens of the First Amendment's Free Speech Clause. While citizens and groups can obtain personalized license plates that publish both symbolic and written speech, state governments often exercise strict editorial control over their license plates. This regulatory scenario raises the dual questions of who is speaking - the government or the private party - and how much constitutional power the government has to engage in viewpoint restriction in regulating that speech in this traditional government forum. The …