Law Commons^™

Turning Anti-Discrimination Laws On Their Head: Using Rhetoric To Attempt To Turn The Medicine Into The Illness, Todd Tolin

Student Works

No abstract provided.

Pick Your Poison: Private Speech, Government Speech, And The Special Problem Of Religious Displays, Ronnell Andersen Jones

BYU Law Review

No abstract provided.

Summum, The Vocality Of Public Places, And The Public Forum, Timothy Zick

BYU Law Review

No abstract provided.

Government Speech And Online Forums: First Amendment Limitations On Moderating Public Discourse On Government Websites, David S. Ardia

BYU Law Review

No abstract provided.

Government Speech And The Publicly Employed Attorney, Margaret Tarkington

BYU Law Review

In Garcetti v. Ceballos, the U.S. Supreme Court incorporated the "government speech" doctrine into its case law regarding the speech rights of public employees. This incorporation had the effect of nullifying a public employee's free speech rights whenever the employee is speaking pursuant to her official duties. While the Garcetti rule may be problematic in a number situations, it is particularly problematic as applied to publicly employed attorney speech, most notably the speech of prosecutors and public defenders. Attorney speech (including the speech of publicly employed attorneys) is not government speech and should not be treated as government speech. A …

The Free Speech Rights Of “Off-Duty” Government Employees, Mary-Rose Papandrea

BYU Law Review

No abstract provided.

Justice Souter On Government Speech, Sheldon Nahmod

BYU Law Review

No abstract provided.

The Emerging Oversimplifications Of The Government Speech Doctrine: From Substantive Content To A “Jurisprudence Of Labels”, Barry P. Mcdonald

BYU Law Review

No abstract provided.

Expensive Speech: Citizens United V. Fec And The Free Speech Rights Of Tax-Exempt Religious Organizations, Brandon S. Boulter

BYU Law Review

No abstract provided.

American Law: Integrating Ultra-Traditional Muslims Through Accommodations, Mohamed A. Elsanousi

Maurer Theses and Dissertations

Appropriate legal accommodations for religious minorities can support their integration into American society. Historically, the teachings and practices of many religious communities that have otherwise conflicted with state or federal law have been successfully preserved through legal accommodations. A brief comparison with the experiences of such groups as the Hasidic Jewish community will provide a context for religiously based legal accommodations for various religious communities within the United States.

This dissertation examines the particular situation of a Tablighi Jamaat community, a Muslim missionary movement, as a means to explore how legal accommodations facilitate the successful, stable integration of such groups. …

Contents, First Amendment Law Review

First Amendment Law Review

No abstract provided.

Protecting The Heart Of The First Amendment, Defending Citizens United, Floyd Abrams

First Amendment Law Review

No abstract provided.

What Justice Powell And Adam Smith Could Have Told The Citizens United Majority About Other People's Money, Robert L. Kerr

First Amendment Law Review

No abstract provided.

The Game Changer: Citizens United'S Impact On Campaign Finance Law In General And Corporate Political Speech In Particular, James Jr. Bopp, Joseph E. La Rue, Elizabeth M. Kosel

First Amendment Law Review

No abstract provided.

Political Activity Of Tax-Exempt Churches Particularly After Citizens United V. Federal Election Commission And California's Proposition 8 Ban On Same-Sex Marriage: Render Unto Caesar What Is Caesar's, John R. Dorocak, Lloyd E. Peake

First Amendment Law Review

No abstract provided.

The Unspoken Institutional Battle Over Anticorruption: Citizens United, Honest Services, And The Legislative-Judicial Divide, Jacob Eisler

First Amendment Law Review

No abstract provided.

From One [Expletive] Policy To The Next: The Fcc's Regulation Of "Fleeting Expletives" And The Supreme Court's Response, Brandon J. Almas

Federal Communications Law Journal

After the broadcast of the 2003 Golden Globe Awards, during which the lead singer from U2 uttered an expletive on national television, the FCC revisited its prior policy on the use of expletives on the airwaves and declared, for the first time, that "fleeting expletives" are offensive according to community standards and are therefore finable. In a lawsuit filed in the Second Circuit Court of Appeals, Fox Television Stations, Inc. along with a number of other broadcasters argued that the FCC's new policy was arbitrary and capricious under the Administrative Procedure Act and unconstitutional under the First Amendment. The Second …

Examining The Fcc's Indecency Regulations In Light Of Today's Technology, Elizabeth H. Steele

Federal Communications Law Journal

Indecency regulations promulgated by the FCC used to be effective, but today's technological advances call those regulations into question. With the prevalence of digital video recorders and the availability of television shows on the Internet, children have unprecedented access to material broadcast at all times of day. As a result, the "safe harbor" rationale restricting the broadcast of indecent material no longer makes sense. A move toward deregulation is the most logical step to take, as it would prevent any First Amendment violations and would allow the networks freedom to broadcast material that the public may be interested in without …

Twittering Away The Right Of Publicity: Personality Rights And Celebrity Impersonation On Social Networking Websites, Andrew M. Jung

Chicago-Kent Law Review

Within the past couple of years, social networking websites have become an immensely popular destination for people from all walks of life. Websites like Facebook and Twitter now count tens of millions of worldwide users, including world leaders and a number of celebrities. Eventually, users realized that social networking websites lent themselves to the quick and easy impersonation of celebrities through the creation of fake social networking accounts, often as a form of parody. One subject of such impersonation was professional baseball manager Tony La Russa, who took the then-unprecedented step of suing his impersonators and Twitter over the incident. …

Huppert, Reilly, And The Increasing Futility Of Relying On The First Amendment To Protect Employee Speech, John Q. Mulligan

William & Mary Bill of Rights Journal

No abstract provided.

First Amendment Based Copyright Misuse, David S. Olson

William & Mary Law Review

We are at a crossroads with respect to the underdeveloped equitable defense of copyright misuse. The defense may go the way of its sibling, antitrust-based patent misuse, which seems to be in a state of inevitable decline. Or—if judges accept the proposal of this Article—courts could reinvigorate the copyright misuse defense to better protect First Amendment speech that is guaranteed by statute, but that is often chilled by copyright holders misusing their copyrights to control others’ speech. The Copyright Act serves First Amendment interests by encouraging authors to create works. But copyright law can also discourage the creation of new …

Article I, Section 11: A Poor "Plan B" For Washington's Religious Pharmacists, Noel E. Horton

Washington Law Review

In Stormans, Inc. v. Selecky, a group of Washington pharmacists contended their religious beliefs precluded them from dispensing the drug Plan B, a post-coital emergency contraceptive. They based their argument on rights conferred by the Free Exercise Clause of the First Amendment to the United States Constitution. A United States District Court found in the pharmacists’ favor and enjoined enforcement of rules issued by the Washington State Board of Pharmacy requiring pharmacies to deliver medications. The Ninth Circuit reversed, finding that the district court erroneously applied a heightened level of scrutiny to a neutral law of general applicability. Interestingly, …

Defamation And John Does: Increased Protections And Relaxed Standing Requirements For Anonymous Internet Speech, Stephanie Barclay

BYU Law Review

No abstract provided.

Hate Speech And Harassment: The Constitutionality Of Campus Codes That Prohibit Racial Insults, Alan E. Brownstein

William & Mary Bill of Rights Journal

No abstract provided.

Protecting Nominative Fair Use, Parody, And Other Speech-Interests By Reforming The Inconsistent Exemptions From Trademark Liability, Samuel M. Duncan

University of Michigan Journal of Law Reform

Federal trademark law exempts certain communicative uses of a trademark from liability so that the public can freely use a trademark to comment on the markowner or to describe its products. These exemptions for "speech-interests" are badly flawed because their scope is inconsistent between infringement and dilution law, and because the cost and difficulty of claiming their protection varies significantly from court to court. Many speech-interests remain vulnerable to the chilling threat of litigation even though they are "protected" by current law. This Note proposes a simple statutory reform that will remedy this inconsistency by creating an express safe harbor …

Panel Discussion At "Signs Of The Times: The First Amendment And Religious Symbolism", Carl H. Esbeck

Faculty Publications

No abstract provided.

Free Speech And The Military Recruiter: Reaffirming The Marketplace Of Ideas, Charles G. Kels

Nevada Law Journal

No abstract provided.

Section 1: Moot Court, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Section 6: First Amendment, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Draft Of Beck Lecture - 2010, Wendy J. Gordon

Scholarship Chronologically

I am grateful to the wonderful BU community that has taught me so much, and to those who made this event possible. I thank Dean O'Rourke for hosting this wonderful event, Mary Gallagher, Cornell Stinson and Erin Elwood for organizing it, and I thank you all for coming. I am honored to follow Bill Ryckman in the Chair, a man I admire. Most especially I thank Phil Beck for his generosity to the Boston University School of Law in funding this Chair. It's flattering to me having been chosen its recipient, and flattering to the school that Phil chose us …