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Full-Text Articles in Law
Campus Speech And Harassment, Alexander Tsesis
Categorizing Student Speech, Alexander Tsesis
Multifactoral Free Speech, Alexander Tsesis
Multifactoral Free Speech, Alexander Tsesis
Alexander Tsesis
This Article presents a multifactoral approach to free speech analysis. Difficult cases present a variety of challenges that require judges to weigh concerns for the protection of robust dialogue, especially about public issues, against concerns that sound in common law (such as reputation), statutory law (such as repose against harassment), and in constitutional law (such as copyright). Even when speech is implicated, the Court should aim to resolve other relevant individual and social issues arising from litigation. Focusing only on free speech categories is likely to discount substantial, and sometimes compelling, social concerns warranting reflection, analysis, and application. Examining the …
Hush Don't Say A Word: Safeguarding Student's Freedom Of Expression In The Trump Era, Laura R. Mcneal
Hush Don't Say A Word: Safeguarding Student's Freedom Of Expression In The Trump Era, Laura R. Mcneal
Laura R. McNeal
The controversy surrounding NFL player Colin Kaepernick’s act of kneeling during the national anthem in protest of police brutality against people of color continues to permeate public discourse. In March 2017, President Trump referenced Colin Kaepernick’s symbolic act during a rally in Louisville, Kentucky, in an effort to illustrate his strong opposition to anyone kneeling during the national anthem. In this speech, President Trump stated that although many NFL franchise owners were interested in signing Colin Kaepernick, many were afraid of receiving a nasty tweet from him. Likewise, in another speech, President Trump stated, “I think it’s a great lack …