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Articles 1 - 11 of 11

Full-Text Articles in Law

Sanctionable Conduct: How The Supreme Court Stealthily Opened The Schoolhouse Gate, Sonja R. West Apr 2008

Sanctionable Conduct: How The Supreme Court Stealthily Opened The Schoolhouse Gate, Sonja R. West

Scholarly Works

The Supreme Court's decision in Morse v. Frederick signaled that public school authority over student expression extends beyond the schoolhouse gate. This authority may extend to any activity in which a student participates that the school has officially sanctioned. The author argues that this decision is unsupported by precedent, and could encourage schools to sanction more events in the future. Because the Court failed to limit or define the power of a school to sanction an activity, the decision could have a chilling effect on even protected student expression. The author commends the Court for taking up this issue after …


Hate Speech, C. Edwin Baker Mar 2008

Hate Speech, C. Edwin Baker

All Faculty Scholarship

This paper describes the rationale that a full protection theory of free speech, a theory based on respect for individual autonomy, would give for protecting hate speech. The paper then notes that such a rationale will be unpersuasive to many (including this author) if the harms associated with a failure to outlaw hate speech are as great as often suggested – most dramatically, if the failure to prohibit makes a substantial contribution to the occurrence of serious racial/ethnic violence or genocide. The article then attempts to outline what empirical evidence would be needed to support this conclusion and gives reasons …


Privacy And Funeral Protests, Christina E. Wells Jan 2008

Privacy And Funeral Protests, Christina E. Wells

Faculty Publications

This article examines the free speech implications of funeral protest statutes. Enacted in response to the Westboro Baptist Church, whose members protest at funerals to spread their antigay message, such statutes restrict a broad array of peaceful expressive activity. This Article focuses on the states’ interest underlying these statutes - protecting mourners’ right to be free from unwanted intrusions while at funeral services. Few would argue against protecting funeral services from intrusive protests. These statutes, however, go far beyond that notion and protect mourners from offensive, rather than intrusive, protests. As such, they do not conceive of privacy as protection …


Can There Really Be "Free Speech" In Public Schools?, Richard W. Garnett Jan 2008

Can There Really Be "Free Speech" In Public Schools?, Richard W. Garnett

Journal Articles

The Supreme Court's decision in Morse v. Frederick leaves unresolved many interesting and difficult problems about the authority of public-school officials to regulate public-school students' speech. Perhaps the most intriguing question posed by the litigation, decision, and opinions in More is one that the various Justices who wrote in the case never squarely addressed: What is the "basic education mission" of public schools, and what are the implications of this "mission" for officials' authority and students' free-speech rights. Given what we have come to think the Free Speech clause means, and considering the values it is thought to enshrine and …


A Time To Mourn: Balancing The Right Of Free Speech Against The Right Of Privacy In Funeral Picketing, Njeri Mathis Rutledge Jan 2008

A Time To Mourn: Balancing The Right Of Free Speech Against The Right Of Privacy In Funeral Picketing, Njeri Mathis Rutledge

Maryland Law Review

No abstract provided.


Garcetti V. Ceballos: Misconstruing Precedent To Curtail Government Employees’ First Amendment Rights, Matthew R. Schroll Jan 2008

Garcetti V. Ceballos: Misconstruing Precedent To Curtail Government Employees’ First Amendment Rights, Matthew R. Schroll

Maryland Law Review

No abstract provided.


Student Speech: The Enduring Greatness Of Tinker, Jamin B. Raskin Jan 2008

Student Speech: The Enduring Greatness Of Tinker, Jamin B. Raskin

Articles in Law Reviews & Other Academic Journals

The Supreme Court's decision in Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969), did for the ideal of freedom in America's public schools what Brown v. Board of Education, 347 U.S. 483 (1954), did for the ideal of equality. It made a core value of the Bill of Rights spring to life for young people facing unjust policies and authoritarian treatment at the hands of adult officials in local school systems. In his remarkable opinion for the majority, Justice Abe Fortas upheld thirteen-year-old Mary Beth Tinker's First Amendment right to wear a black antiwar armband to …


Symbolic Speech: A Message From Mind To Mind, James M. Mcgoldrick Jr. Jan 2008

Symbolic Speech: A Message From Mind To Mind, James M. Mcgoldrick Jr.

Oklahoma Law Review

No abstract provided.


Constitutional Overview Of Post-9/11 Barriers To Free Speech And A Free Press, Nadine Strossen Jan 2008

Constitutional Overview Of Post-9/11 Barriers To Free Speech And A Free Press, Nadine Strossen

Articles & Chapters

No abstract provided.


Whither The Pickering Rights Of Federal Employees?, Paul M. Secunda Jan 2008

Whither The Pickering Rights Of Federal Employees?, Paul M. Secunda

University of Colorado Law Review

As a result of the Supreme Court's 1983 decision in Bush v. Lucas, federal employees are not permitted to bring Bivens constitutional tort claims directly to federal court to vindicate their First Amendment rights to free speech under Pickering v. Board of Education. Instead, the Bush Court found that Congress had established an effective, alternative statutory scheme for vindication of such claims under the Civil Service Reform Act of 1978. This places federal employees in a less favorable predicament than their state and local employee counterparts who are able to directly proceed to court on their First Amendment retaliation claims …


Creating Masculine Identities: Bullying And Harassment "Because Of Sex", Ann C. Mcginley Jan 2008

Creating Masculine Identities: Bullying And Harassment "Because Of Sex", Ann C. Mcginley

University of Colorado Law Review

This Article deals with group harassment of women and men in the workplace under Title VII of the 1964 Civil Rights Act. In Oncale v. Sundowner Offshore Services, the Supreme Court held that Title VII forbids harassment by members of the same sex, but it also emphasized that Title VII is implicated only if the harassment occurs "because of sex." Oncale's "because of sex" requirement has spawned considerable confusion in same-sex and different sex harassment cases. This Article focuses on four fact patterns that confuse courts, scholars, and employment lawyers. In the first scenario, men harass women in traditionally male …