Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Roger Williams University (12)
- Columbia Law School (11)
- University of Florida Levin College of Law (10)
- University of Colorado Law School (9)
- University of Georgia School of Law (7)
-
- American University Washington College of Law (5)
- William & Mary Law School (5)
- Texas A&M University School of Law (4)
- Boston University School of Law (3)
- New York Law School (3)
- St. John's University School of Law (3)
- University of Miami Law School (3)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (3)
- Cleveland State University (2)
- Duke Law (2)
- Linfield University (2)
- SJ Quinney College of Law, University of Utah (2)
- UIC School of Law (2)
- University at Buffalo School of Law (2)
- University of Missouri School of Law (2)
- University of North Carolina School of Law (2)
- California Western School of Law (1)
- Florida International University (1)
- Golden Gate University School of Law (1)
- Loyola University Chicago, School of Law (1)
- Northwestern Pritzker School of Law (1)
- Notre Dame Law School (1)
- The Catholic University of America, Columbus School of Law (1)
- UC Law SF (1)
- University of Maryland Francis King Carey School of Law (1)
- Keyword
-
- First Amendment (32)
- Free speech (20)
- Constitutional law (8)
- First amendment (8)
- Privacy (7)
-
- Internet (6)
- Press (6)
- Supreme Court (6)
- Arguments (5)
- Media (5)
- Social media (5)
- Defamation (4)
- Democracy (4)
- Facebook (4)
- Fake news (4)
- Free Speech (4)
- Free expression (4)
- Government (4)
- Newspapers (4)
- President (4)
- Trump (4)
- "Fake news" (3)
- Advertising (3)
- Conduct (3)
- Constitutional (3)
- Constitutional Law (3)
- Decision (3)
- Freedom of Speech (3)
- Freedom of speech (3)
- Government speech (3)
- Publication
-
- Faculty Scholarship (22)
- Faculty Publications (10)
- UF Law Faculty Publications (10)
- Law School Blogs (9)
- Publications (9)
-
- Popular Media (6)
- Scholarly Works (6)
- Articles in Law Reviews & Other Academic Journals (5)
- Articles (4)
- Journal Articles (3)
- Other Publications (3)
- Law Faculty Articles and Essays (2)
- Life of the Law School (1993- ) (2)
- UIC Law Open Access Faculty Scholarship (2)
- Utah Law Faculty Scholarship (2)
- All Faculty Scholarship (1)
- Center for Gender & Sexuality Law (1)
- Court Briefs (1)
- Faculty Publications & Other Works (1)
- GGU Law Review Blog (1)
- Law Faculty Publications (1)
- Law Faculty Research Publications (1)
- Law Faculty Scholarship (1)
- McGeorge School of Law Scholarly Articles (1)
- NULR Online (1)
- Nevada Supreme Court Summaries (1)
- Online Publications (1)
- Scholarly Articles (1)
- Scholarship@WashULaw (1)
- Supreme Court Preview (1)
Articles 31 - 60 of 111
Full-Text Articles in Law
The First Amendment, The University And Conflict: An Introduction To The Symposium, Christina E. Wells
The First Amendment, The University And Conflict: An Introduction To The Symposium, Christina E. Wells
Faculty Publications
Universities across the country have experienced a dramatic increase in free speech conflicts - i.e., an experience of discord between individuals or groups of speakers. These conflicts occur in various forms. For example, members of university communities (e.g., students, staff, or faculty) have protested controversial speakers. Some have called for universities to disinvite controversial speakers. Others have heckled or shouted down speakers. Finally, some members of university communities - usually students - have protested university officials' or other students' expression by occupying buildings, camping or interrupting meetings in order to disseminate their message. It is common to view resolution of …
Rwu First Amendment Blog: David Logan's Blog: Weather Forecast For March 25: Stormy On 60 Minutes? 03-18-2018, David A. Logan
Rwu First Amendment Blog: David Logan's Blog: Weather Forecast For March 25: Stormy On 60 Minutes? 03-18-2018, David A. Logan
Law School Blogs
No abstract provided.
“First Amendment Defense Act” (Fada) Is Reintroduced In The Senate, Public Rights/Private Conscience Project
“First Amendment Defense Act” (Fada) Is Reintroduced In The Senate, Public Rights/Private Conscience Project
Center for Gender & Sexuality Law
New York, March 8, 2018–The Public Rights/Private Conscience Project is dismayed that the deceptively named “First Amendment Defense Act” (FADA) was reintroduced into the U.S. Senate today by Sen. Mike Lee (R-Utah) and 21 Republican co-sponsors, including Sens. Marco Rubio (Fla.), Ted Cruz (Texas) and Orrin Hatch (Utah). Not only is this bill unnecessary to the protection of religious liberty in the United States, its language would be harmful to the constitutional rights of millions of Americans.
"Fake News," No News, And The Needs Of Local Communities, Carol Pauli
"Fake News," No News, And The Needs Of Local Communities, Carol Pauli
Faculty Scholarship
The Quaker authors had in mind an ancient truth - that "love endures and overcomes" - and they were convinced that this truth is accessible to all. This article addresses truth at a more immediate and mundane level. It is concerned with the accurate information that local communities need in order to thrive.
The article proceeds in three steps. Part I reviews one way community needs were addressed when the first large-scale electronic communication technology entered individual homes in the form of radio and television. In those days, broadcasters had an affirmative duty to ascertain the problems of the communities …
Exposing Secret Searches: A First Amendment Right Of Access To Electronic Surveillance Orders, Hannah Bloch-Wehba
Exposing Secret Searches: A First Amendment Right Of Access To Electronic Surveillance Orders, Hannah Bloch-Wehba
Faculty Scholarship
Although, as a rule, court proceedings and judicial records are presumptively open to the public, electronic surveillance documents are exceptions. Like ordinary search warrants, surveillance applications are considered ex parte. But court orders frequently remain sealed indefinitely, even when there is no basis for continued secrecy. Indeed, secrecy — in the form of gag orders, local judicial rules, and even clerical filing and docketing practices — is built into the laws that regulate electronic surveillance.
This Article argues that this widespread secrecy violates the First Amendment right of access to court proceedings and documents. The history of search and seizure …
Rwu First Amendment Blog: Dean Yelnosky's Blog: Ruling Could Destroy Labor Unions As We Know Them 2-26-2018, Michael J. Yelnosky
Rwu First Amendment Blog: Dean Yelnosky's Blog: Ruling Could Destroy Labor Unions As We Know Them 2-26-2018, Michael J. Yelnosky
Law School Blogs
No abstract provided.
Speech V. Speakers, Thomas E. Kadri
Speech V. Speakers, Thomas E. Kadri
Popular Media
Twitter's new rules about extremist speech blur the lines between people and words.
Rwu First Amendment Blog: Diana Hassel's Blog: How Will Supreme Court Slice Wedding Cake Case 01-11-2018, Diana Hassel
Rwu First Amendment Blog: Diana Hassel's Blog: How Will Supreme Court Slice Wedding Cake Case 01-11-2018, Diana Hassel
Law School Blogs
No abstract provided.
Cheers To Central Hudson: How Traditional Intermediate Scrutiny Helps Keep Independent Craft Beer Viable, Daniel J. Croxall
Cheers To Central Hudson: How Traditional Intermediate Scrutiny Helps Keep Independent Craft Beer Viable, Daniel J. Croxall
McGeorge School of Law Scholarly Articles
Independent craft breweries contributed approximately $68 billion to the national economy last year. However, an arcane regulatory scheme governs the alcohol industry in general and the craft beer industry specifically, posing both obstacles and benefits to independent craft brewers. This Essay examines regulations that arguably infringe on free speech: namely, commercial speech regulations that prohibit alcohol manufacturers from purchasing advertising space from retailers. Such regulations were enacted to prohibit undue influence and anticompetitive behavior stemming from vertical and horizontal integration in the alcohol market. Although these regulations are necessary to prevent global corporate brewers from dominating the craft beer market …
The Expansion Of Child Pornography Law, Carissa B. Hessick
The Expansion Of Child Pornography Law, Carissa B. Hessick
Faculty Publications
This Symposium essay identifies two dramatic expansions of child pornography law: prosecutions for possessing images of children who are clothed and not engaged in any sexual activity, and prosecutions for possessing smaller portions of artistic and non-pornographic images. These prosecutions have expanded the definition of the term ‘‘child pornography’’ well beyond its initial meaning. What is more, they signal that child pornography laws are being used to punish people not necessarily because of the nature of the picture they possess, but rather because of the conclusion that those individuals are sexually attracted to children. If law enforcement concludes that a …
U.S. Supreme Court Surveys: 2016 Term. Matal V. Tam: Free Speech Meets "Disparaging" Trademarks In The Supreme Court, Niki Kuckes
U.S. Supreme Court Surveys: 2016 Term. Matal V. Tam: Free Speech Meets "Disparaging" Trademarks In The Supreme Court, Niki Kuckes
Law Faculty Scholarship
No abstract provided.
Student Protests And Academic Freedom In An Age Of #Blacklivesmatter, Philip Lee
Student Protests And Academic Freedom In An Age Of #Blacklivesmatter, Philip Lee
Journal Articles
Student activism for racial equity and inclusion is on a historic rise on college and university campuses across the country. Students are reminding us that Black lives matter. They are bringing attention to the ways in which the normal operation of the legal system creates racial and other inequalities. They are critiquing the ways in which their experiences and perspectives are pushed to the margins in classrooms, on campuses, and in society.
In urging for university policies that allow for such activism to be moments of teaching and learning for all involved, I argue in this Article that student academic …
Think Of An Elephant? Tweeting As "Framing" Executive Power, Fernando R. Laguarda
Think Of An Elephant? Tweeting As "Framing" Executive Power, Fernando R. Laguarda
Articles in Law Reviews & Other Academic Journals
No abstract provided.
When Free Speech Disrupts Diversity Initiatives: What We Value And What We Do Not, Reshmi Dutt-Ballerstadt
When Free Speech Disrupts Diversity Initiatives: What We Value And What We Do Not, Reshmi Dutt-Ballerstadt
Faculty Publications
In this essay, I argue that the debate on free speech as pushed by the conservative right is a strategic apparatus to undermine the various diversity initiatives on college and university campuses. While supporters of the right wing extremists around the globe have pushed for various modes of exclusions (social, racial, ethnic, cultural, religious and sexual), here in the United States, such exclusions are most evident in the collapse of academic freedom and the rise of civility codes as students and educators use the platform of free speech to promote various forms of injustices and exclusions. Our neoliberal college and …
Religious Exemptions, Third-Party Harms, And The False Analogy To Church Taxes, Christopher C. Lund
Religious Exemptions, Third-Party Harms, And The False Analogy To Church Taxes, Christopher C. Lund
Law Faculty Research Publications
No abstract provided.
Sexual Privacy, Danielle Keats Citron
Sexual Privacy, Danielle Keats Citron
Faculty Scholarship
Those who wish to control and expose the identities of women and people from marginalized communities routinely do so by invading their privacy. People are secretly recorded in bedrooms and public bathrooms, and “up their skirts.” They are coerced into sharing nude photographs and filming sex acts under the threat of public disclosure of their nude images. People’s nude images are posted online without permission. Machine-learning technology is used to create digitally manipulated “deep fake” sex videos that swap people’s faces into pornography.
At the heart of these abuses is an invasion of sexual privacy—the behaviors and expectations that manage …
No More Tiers? Proportionality As An Alternative To Multiple Levels Of Scrutiny In Individual Rights Cases, 38 Pace L. Rev. 384 (2018), Donald L. Beschle
No More Tiers? Proportionality As An Alternative To Multiple Levels Of Scrutiny In Individual Rights Cases, 38 Pace L. Rev. 384 (2018), Donald L. Beschle
UIC Law Open Access Faculty Scholarship
No abstract provided.
Are Two Clauses Really Better Than One? Rethinking The Religion Clause(S), 80 U. Pitt. L. Rev. 1 (2018), Donald L. Beschle
Are Two Clauses Really Better Than One? Rethinking The Religion Clause(S), 80 U. Pitt. L. Rev. 1 (2018), Donald L. Beschle
UIC Law Open Access Faculty Scholarship
The First Amendment begins with two references to the relationship between government and religion. The prohibition on establishment of religion and the guarantee of free exercise of religion, despite their obvious interaction, are generally regarded as separate clauses, and analyzed under tests developed under one or the other. The current state of Establishment Clause doctrine and Free Exercise doctrine is sharply contested and by no means clear. Supreme Court justices will usually classify a religious freedom case as either presenting non-establishment or free exercise issues. Having done so, they will apply the test framed for that clause. But does that …
Categorizing Student Speech, Alexander Tsesis
Categorizing Student Speech, Alexander Tsesis
Faculty Publications & Other Works
No abstract provided.
Thwarting Speech On College Campuses, Stephen Wermiel
Thwarting Speech On College Campuses, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Is There Any Silver Lining To Trinity Lutheran Church, Inc. V. Comer?, Caroline Mala Corbin
Is There Any Silver Lining To Trinity Lutheran Church, Inc. V. Comer?, Caroline Mala Corbin
Articles
No abstract provided.
“And Yet It Moves”—The First Amendment And Certainty, Ronald K.L. Collins
“And Yet It Moves”—The First Amendment And Certainty, Ronald K.L. Collins
Articles
Surprisingly few, if any, works on the First Amendment have explored the relation between free speech and certainty. The same holds true for decisional law. While this relationship is inherent in much free speech theory and doctrine, its treatment has nonetheless been rather opaque. In what follows, the author teases out— philosophically, textually, and operationally—the significance of that relationship and what it means for our First Amendment jurisprudence. In the process, he examines how the First Amendment operates to counter claims of certainty and likewise how it is employed to demand a degree of certainty from those who wish to …
Favoring The Press, Sonja R. West
Favoring The Press, Sonja R. West
Scholarly Works
In the 2010 case of Citizens United v. Federal Election Commission, the United States Supreme Court caught the nation’s attention by declaring that corporations have a First Amendment right to independently spend unlimited amounts of money in political campaigns. The Court rested its 5-4 decision in large part on a concept of speaker-based discrimination. In the Court’s words, “the Government may commit a constitutional wrong when by law it identifies certain preferred speakers.”
To drive home its point that speaker-based distinctions are inherently problematic, the Court focused on one type of speaker distinction — the treatment of news media corporations. …
Constitutional Anomalies Or As-Applied Challenges? A Defense Of Religious Exemptions, Mark L. Rienzi
Constitutional Anomalies Or As-Applied Challenges? A Defense Of Religious Exemptions, Mark L. Rienzi
Scholarly Articles
In the wake of Burwell v. Hobby Lobby and now in anticipation of Craig v. Masterpiece Cakeshop, Inc., the notion that religious exemptions are dangerously out of step with norms of Constitutional jurisprudence has taken on a renewed popularity. Critics increasingly claim that religious exemptions, such as those available prior to Employment Division v. Smith and now available under the federal Religious Freedom Restoration Act (RFRA), are a threat to basic fairness, equality, and the rule of law. Under this view, exemptions create an anomalous private right to ignore laws that everyone else must obey, and such a scheme …
Corporations As Conduits: A Cautionary Note About Regulating Hypotheticals, Douglas M. Spencer
Corporations As Conduits: A Cautionary Note About Regulating Hypotheticals, Douglas M. Spencer
Publications
No abstract provided.
Preserving Film Preservation From The Right Of Publicity, Christopher J. Buccafusco, Jared Vasconcellos Grubow, Ian J. Postman
Preserving Film Preservation From The Right Of Publicity, Christopher J. Buccafusco, Jared Vasconcellos Grubow, Ian J. Postman
Faculty Scholarship
No abstract provided.
Defamation And Privacy In The Social Media Age: What Would Justice Brennan Think?, Stephen Wermiel
Defamation And Privacy In The Social Media Age: What Would Justice Brennan Think?, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Martin, Ghana, And Global Legal Studies, H. Timothy Lovelace Jr.
Martin, Ghana, And Global Legal Studies, H. Timothy Lovelace Jr.
Faculty Scholarship
This brief essay uses global legal studies to reconsider Dr. Martin Luther King, Jr.'s activism after Gayle v. Browder. During this undertheorized portion of King's career, the civil rights leader traveled the world and gained a greater appreciation for comparative legal and political analysis. This essay explores King's first trip abroad and demonstrates how King's close study of Kwame Nkrumah's approaches to law reform helped to lay the foundation for watershed moments in King's own life.
In To Redeem the Soul of America: The Southern Christian Leadership Conference and Martin Luther King, Jr., renowned civil rights scholar and author, Adam …
To Speak Or Not To Speak, That Is Your Liberty: Janus V. Afscme, David Forte
To Speak Or Not To Speak, That Is Your Liberty: Janus V. Afscme, David Forte
Law Faculty Articles and Essays
Some Supreme Court precedents go through extensive death spasms before being interred. Lochner v. New York, Plessy v. Ferguson, and Austin v. Michigan Chamber of Commerce come to mind. Others like Chisholm v. Georgia and Minersville School District v. Gobitis incurred a swift and summary execution. Still others, overtaken by subsequent cases, remain wraith-like presences among the Court’s past acts: Beauharnais v. Illinois and Buck v. Bell, for example, remain “on the books.”
Free Speech And Generally Applicable Laws: A New Doctrinal Synthesis, Dan T. Coenen
Free Speech And Generally Applicable Laws: A New Doctrinal Synthesis, Dan T. Coenen
Scholarly Works
A longstanding mystery of constitutional law concerns how the Free Speech Clause interacts with “generally applicable” legal restrictions. This Article develops a new conceptual framework for working through this puzzle. It does so by extracting from prior Supreme Court rulings an approach that divides these restrictions into three separate categories, each of which (at least presumptively) brings into play a different level of judicial scrutiny. An example of the first and most closely scrutinized category of generally applicable laws—that is, laws that place a “direct in effect” burden on speech—is provided by breach-of-the-peace statutes. These laws are generally applicable because …