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First Amendment

2009

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Articles 1 - 30 of 143

Full-Text Articles in Law

The Pornographic Secondary Effects Doctrine, John Fee Dec 2009

The Pornographic Secondary Effects Doctrine, John Fee

Faculty Scholarship

No abstract provided.


Free Speech & Tainted Justice: Restoring The Public's Confidence In The Judiciary In The Wake Of Republican Party Of Minnesota V. White, Gregory W. Jones Dec 2009

Free Speech & Tainted Justice: Restoring The Public's Confidence In The Judiciary In The Wake Of Republican Party Of Minnesota V. White, Gregory W. Jones

Chicago-Kent Law Review

The United States Supreme Court's 2002 decision in Republican Party of Minnesota v. White was the first shot fired in an ongoing battle over judicial campaign ethics. The White decision invalidated a Minnesota Canon of Judicial Conduct prohibiting judicial candidates from announcing their views on disputed legal or political topics. Subsequent to White, numerous states have faced challenges to their judicial canons of conduct by groups advocating for an increased breadth of permissible speech in judicial campaigns. While White and its progeny have safeguarded the first amendment rights of judicial candidates, significant concerns have been raised regarding how best to …


Separating Church And State: Transfers Of Government Land As Cures For Establishment Clause Violations, Paul Forster Dec 2009

Separating Church And State: Transfers Of Government Land As Cures For Establishment Clause Violations, Paul Forster

Chicago-Kent Law Review

The note examines one of the issues currently before the Supreme Court in Salazar v. Buono, the case concerning a Latin cross war memorial in the Mojave desert. The issue is whether the government may, by transferring land to private parties, cure Establishment Clause violations caused by permanent displays that contain religious imagery. The article surveys the Court's Establishment Clause jurisprudence as it applies to permanent displays, discussing the sometimes-used and sometimes-ignored Lemon-endorsement standard and the potential shift to a coercion standard. It concludes by arguing that even under the Lemon-endorsement standard, courts should often allow the …


The Bapcpa, The Gag Rule, And The First Amendment: A Proposal For Alignment Through Interpretive And Analytical Change, Cullen Ann Drescher Dec 2009

The Bapcpa, The Gag Rule, And The First Amendment: A Proposal For Alignment Through Interpretive And Analytical Change, Cullen Ann Drescher

William & Mary Bill of Rights Journal

No abstract provided.


Taking My Leave, Timothy Zick Nov 2009

Taking My Leave, Timothy Zick

Popular Media

No abstract provided.


Flipping The Bird, Timothy Zick Nov 2009

Flipping The Bird, Timothy Zick

Popular Media

No abstract provided.


Foreign Contacts And The First Amendment, Timothy Zick Nov 2009

Foreign Contacts And The First Amendment, Timothy Zick

Popular Media

No abstract provided.


Objecting In The Open: Why Occupy Wall Street Chose Public Spaces, Timothy Zick Nov 2009

Objecting In The Open: Why Occupy Wall Street Chose Public Spaces, Timothy Zick

Popular Media

No abstract provided.


Fifth Avenue Freeze-Out, Timothy Zick Nov 2009

Fifth Avenue Freeze-Out, Timothy Zick

Popular Media

No abstract provided.


Free Speech And Civil Liability, Timothy Zick Nov 2009

Free Speech And Civil Liability, Timothy Zick

Popular Media

No abstract provided.


Cross-Border Speech Conflicts, Timothy Zick Nov 2009

Cross-Border Speech Conflicts, Timothy Zick

Popular Media

No abstract provided.


Property As/And Constitutional Settlement, Timothy Zick Nov 2009

Property As/And Constitutional Settlement, Timothy Zick

Popular Media

No abstract provided.


Free Speech And The Furrier, Timothy Zick Nov 2009

Free Speech And The Furrier, Timothy Zick

Popular Media

No abstract provided.


Buffers, Bubbles, And Abortion Speech, Timothy Zick Nov 2009

Buffers, Bubbles, And Abortion Speech, Timothy Zick

Popular Media

No abstract provided.


Speech And The Identity Crisis, Timothy Zick Nov 2009

Speech And The Identity Crisis, Timothy Zick

Popular Media

No abstract provided.


Condemning Religion: Rluipa And The Politics Of Eminent Domain, Christopher Serkin, Nelson Tebbe Nov 2009

Condemning Religion: Rluipa And The Politics Of Eminent Domain, Christopher Serkin, Nelson Tebbe

Cornell Law Faculty Publications

Should religious landowners enjoy special protection from eminent domain? A recent federal statute, the Religious Land Use and Institutionalized Persons Act (RLUIPA), compels courts to apply a compelling interest test to zoning and landmarking regulations that substantially burden religiously owned property. That provision has been controversial in itself, but today a new cutting-edge issue is emerging: whether the Act’s extraordinary protection should extend to condemnation as well. The matter has taken on added significance in the wake of Kelo, where the Supreme Court reaffirmed its expansive view of the eminent domain power. In this Article, we argue that RLUIPA should …


Understanding The Lobbying Efforts Of A Church: How Far Is Too Far?, Chase Manderino Nov 2009

Understanding The Lobbying Efforts Of A Church: How Far Is Too Far?, Chase Manderino

BYU Law Review

No abstract provided.


Free Speech Federalism, Adam Winkler Nov 2009

Free Speech Federalism, Adam Winkler

Michigan Law Review

For decades, constitutional doctrine has held that the Constitution's guarantee of freedom of speech applies equally to laws adopted by the federal, state, and local governments. Nevertheless, the identity of the government actor behind a law may be a significant, if unrecognized, factor in free speech cases. This Article reports the results of a comprehensive study of core free speech cases decided by the federal courts over a 14-year period. The study finds that speech-restrictive laws adopted by the federal government are far more likely to be upheld than similar laws adopted by state and local governments. Courts applying strict …


Must God Be Dead Or Irrelevant: Drawing A Circle That Lets Me In, Richard M. Esenberg Oct 2009

Must God Be Dead Or Irrelevant: Drawing A Circle That Lets Me In, Richard M. Esenberg

William & Mary Bill of Rights Journal

Some scholars claim that current Establishment Clause doctrine can increasingly be explained in terms of substantive neutrality-that is, the idea that government ought to treat religion and irreligion (or comparable secular activities) in the same way. Whether a product of the Court's commitment to the idea or an artifact of the positions of the "swing" Justices, this proposition has considerable explanatory power. The Supreme Court has, in recent years, permitted the government to make financial support equally available for religious uses, as long as it is done on a neutral basis and through the private choice of the recipients. It …


The New New Secularism And The End Of The Law Of Separation Of Church And State, Bruce Ledewitz Sep 2009

The New New Secularism And The End Of The Law Of Separation Of Church And State, Bruce Ledewitz

Buffalo Public Interest Law Journal

No abstract provided.


Contents, First Amendment Law Review Sep 2009

Contents, First Amendment Law Review

First Amendment Law Review

No abstract provided.


Qualified Immunity And The Trials And Tribulations Of Online Student Speech: A Review Of Cases And Controversies From 2009, Clay Calvert Sep 2009

Qualified Immunity And The Trials And Tribulations Of Online Student Speech: A Review Of Cases And Controversies From 2009, Clay Calvert

First Amendment Law Review

No abstract provided.


Kiddie Crime - The Utility Of Criminal Law In Controlling Cyberbullying, Susan W. Brenner, Megan Rehberg Sep 2009

Kiddie Crime - The Utility Of Criminal Law In Controlling Cyberbullying, Susan W. Brenner, Megan Rehberg

First Amendment Law Review

No abstract provided.


Revisiting User Control: The Emergence And Success Of A First Amendment Theory For The Internet Age, John B. Morris Jr., Cynthia M. Wong Sep 2009

Revisiting User Control: The Emergence And Success Of A First Amendment Theory For The Internet Age, John B. Morris Jr., Cynthia M. Wong

First Amendment Law Review

No abstract provided.


By Any Means Necessary - The Fcc's Implementation Of Net Neutrality, Dawn C. Nunziato Sep 2009

By Any Means Necessary - The Fcc's Implementation Of Net Neutrality, Dawn C. Nunziato

First Amendment Law Review

No abstract provided.


Sex, Lies, And The Internet: Balancing First Amendment Interests, Reputational Harm, And Privacy In The Age Of Blogs And Social Networking Sites, Robert D. Richards Sep 2009

Sex, Lies, And The Internet: Balancing First Amendment Interests, Reputational Harm, And Privacy In The Age Of Blogs And Social Networking Sites, Robert D. Richards

First Amendment Law Review

No abstract provided.


Speech Regulation: Why An Injunction Should Be Permissible Under Workplace Discrimination But Is Problematic Under Defamation, Sarah Shyr Sep 2009

Speech Regulation: Why An Injunction Should Be Permissible Under Workplace Discrimination But Is Problematic Under Defamation, Sarah Shyr

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


A Teacher's Right To Remain Silent: Reasonable Accommodation Of Negative Speech Rights In The Classroom , Matthew Baker Sep 2009

A Teacher's Right To Remain Silent: Reasonable Accommodation Of Negative Speech Rights In The Classroom , Matthew Baker

BYU Law Review

No abstract provided.


Media Subpoenas: Impact, Perception, And Legal Protection In The Changing World Of American Journalism, Ronnell Andersen Jones Aug 2009

Media Subpoenas: Impact, Perception, And Legal Protection In The Changing World Of American Journalism, Ronnell Andersen Jones

Washington Law Review

Forty years ago, at a time when the media were experiencing enormous professional change and a surge of subpoena activity, First Amendment scholar Vincent Blasi investigated the perceptions of members of the press and the impact of subpoenas within American newsrooms in a study that quickly came to be regarded as a watershed in media law. That empirical information is now a full generation old, and American journalism faces a new critical moment. The traditional press once again finds itself facing a surge of subpoenas and once again finds itself at a time of intense change—albeit on a different trajectory—as …


Current Issues In Intellectual Freedom, Laura Quilter Jul 2009

Current Issues In Intellectual Freedom, Laura Quilter

Laura Quilter

No abstract provided.