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First Amendment

2016

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Articles 1 - 30 of 343

Full-Text Articles in Law

Social Media Accountability For Terrorist Propaganda, Alexander Tsesis Dec 2016

Social Media Accountability For Terrorist Propaganda, Alexander Tsesis

Faculty Publications & Other Works

Terrorist organizations have found social media websites to be invaluable for disseminating ideology, recruiting terrorists, and planning operations. National and international leaders have repeatedly pointed out the dangers terrorists pose to ordinary people and state institutions. In the United States, the federal Communications Decency Act's § 230 provides social networking websites with immunity against civil law suits. Litigants have therefore been unsuccessful in obtaining redress against internet companies who host or disseminate third-party terrorist content. This Article demonstrates that § 230 does not bar private parties from recovery if they can prove that a social media company had received complaints …


Justice Scalia, The Establishment Clause, And Christian Privilege, Caroline Mala Corbin Dec 2016

Justice Scalia, The Establishment Clause, And Christian Privilege, Caroline Mala Corbin

Articles

No abstract provided.


Separation Of Church And State Or Disparate Treatment? An Analysis Of The Religious Freedom And Discrimination Concerns In Trinity Lutheran Church Of Columbia, Inc. V. Pauley, Michael Petherick Dec 2016

Separation Of Church And State Or Disparate Treatment? An Analysis Of The Religious Freedom And Discrimination Concerns In Trinity Lutheran Church Of Columbia, Inc. V. Pauley, Michael Petherick

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.


The Terrorist's Veto: Why The First Amendment Must Protect Provocative Portrayals Of The Prophet Muhammad, Daniel Ortner Dec 2016

The Terrorist's Veto: Why The First Amendment Must Protect Provocative Portrayals Of The Prophet Muhammad, Daniel Ortner

Northwestern Journal of Law & Social Policy

No abstract provided.


Fighting Back Against Revenge Porn: A Legislative Solution, Alex Jacobs Dec 2016

Fighting Back Against Revenge Porn: A Legislative Solution, Alex Jacobs

Northwestern Journal of Law & Social Policy

No abstract provided.


When Religious Belief Becomes Scientific Opinion: Burwell V. Hobby Lobby And The Unraveling Of Federal Rule 702, Meredith Rachel Mandell Dec 2016

When Religious Belief Becomes Scientific Opinion: Burwell V. Hobby Lobby And The Unraveling Of Federal Rule 702, Meredith Rachel Mandell

Northwestern Journal of Law & Social Policy

No abstract provided.


Access To Communication In United States Prisons: Reducing Recidivism Through Expanded Communication Programs With Inmates, Lilie Gross Dec 2016

Access To Communication In United States Prisons: Reducing Recidivism Through Expanded Communication Programs With Inmates, Lilie Gross

Politics & Government Undergraduate Theses

The need for better communication systems in prisons is dire and will reduce recidivism rates in the United States. Not only is communication via phone lines extremely expensive and corrupt, it is almost impossible. Inmates in United States Prisons need this availability and option to communicate with their families and maintain outside relationships. While maintaining healthy and positive relationships is good for inmate's mental health, it also decreases the risk of recidivism. This paper aims to highlight the benefits of phone communication and relationships between inmates and family on the outside for it will decrease the 50% recidivism rate that …


The Twilight Of Nonspeech, Bernard E. Gegan Dec 2016

The Twilight Of Nonspeech, Bernard E. Gegan

The Catholic Lawyer

No abstract provided.


Abortion Legislation And The Establishment Clause Dec 2016

Abortion Legislation And The Establishment Clause

The Catholic Lawyer

No abstract provided.


Church Tax Exemptions, William R. Consedine, Charles Whelan, S.J. Dec 2016

Church Tax Exemptions, William R. Consedine, Charles Whelan, S.J.

The Catholic Lawyer

No abstract provided.


Obscenity: The Intractable Legal Problem, John Cornelius Hayes Dec 2016

Obscenity: The Intractable Legal Problem, John Cornelius Hayes

The Catholic Lawyer

No abstract provided.


Rwu First Amendment Blog: Jenna Hashway's Blog: Blocking Women's March From Key D.C. Sites Risks Infringing On First Amendment Rights 12-12-2016, Jenna Wims Hashway, Roger Williams University Dec 2016

Rwu First Amendment Blog: Jenna Hashway's Blog: Blocking Women's March From Key D.C. Sites Risks Infringing On First Amendment Rights 12-12-2016, Jenna Wims Hashway, Roger Williams University

Law School Blogs

No abstract provided.


Defamation In Student Publications Dec 2016

Defamation In Student Publications

The Catholic Lawyer

No abstract provided.


Religious Freedom And The Church-State Relationship In Maryland, Kenneth L. Lasson Dec 2016

Religious Freedom And The Church-State Relationship In Maryland, Kenneth L. Lasson

The Catholic Lawyer

No abstract provided.


The Functions Of The Constitution And The Establishment Clause, Richard O. Brooks Dec 2016

The Functions Of The Constitution And The Establishment Clause, Richard O. Brooks

The Catholic Lawyer

No abstract provided.


An Unhurried Look At Obscenity, John M. Regan, C.M. Dec 2016

An Unhurried Look At Obscenity, John M. Regan, C.M.

The Catholic Lawyer

No abstract provided.


Vatican Ii On Religious Freedom, Msgr. John P. Kleinz Dec 2016

Vatican Ii On Religious Freedom, Msgr. John P. Kleinz

The Catholic Lawyer

No abstract provided.


Right Of Privacy Dec 2016

Right Of Privacy

The Catholic Lawyer

No abstract provided.


New York's "Minor" Obscenity Statute Held Constitutional Dec 2016

New York's "Minor" Obscenity Statute Held Constitutional

The Catholic Lawyer

No abstract provided.


Candor Or Shame? Defining Obscenity By Statute Dec 2016

Candor Or Shame? Defining Obscenity By Statute

The Catholic Lawyer

No abstract provided.


Sit-In Conduct Held Constitutionally Protected Dec 2016

Sit-In Conduct Held Constitutionally Protected

The Catholic Lawyer

No abstract provided.


Obscenity - A Re-Evaluation Dec 2016

Obscenity - A Re-Evaluation

The Catholic Lawyer

No abstract provided.


New York Times V. Sullivan - A Reappraisal Dec 2016

New York Times V. Sullivan - A Reappraisal

The Catholic Lawyer

No abstract provided.


Newsroom: Rwu's News First Amendment Blog 12-07-2016, Roger Williams University School Of Law Dec 2016

Newsroom: Rwu's News First Amendment Blog 12-07-2016, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Rwu First Amendment Blog: David Logan's Blog: When Facts And News Diverge 12-2-2016, David A. Logan Dec 2016

Rwu First Amendment Blog: David Logan's Blog: When Facts And News Diverge 12-2-2016, David A. Logan

Law School Blogs

No abstract provided.


Protecting Hatred Preserves Freedom: Why Offensive Expressions Command Constitutional Protection, Andrew P. Napolitano Dec 2016

Protecting Hatred Preserves Freedom: Why Offensive Expressions Command Constitutional Protection, Andrew P. Napolitano

Journal of Law and Policy

The First Amendment is not the guardian of taste. Instead, the U.S. Constitution wholeheartedly protects freedom of thought and expression, even if generated and defined by hatred, as long as that expression does not produce immediate lawless violence. Although free speech may lead to tenuous relationships or uncomfortable debates, it must be defended unconditionally. Too many politicians and lawmakers believe that the freedom of speech protected by the First Amendment attaches only to those ideas and expressions that they approve of; this is not so. This article argues that the Founders intended the First Amendment's free speech principle as a …


Freedom Of Speech And Equality: Do We Have To Choose?, Nadine Strossen Dec 2016

Freedom Of Speech And Equality: Do We Have To Choose?, Nadine Strossen

Journal of Law and Policy

As a lifelong activist on behalf of both equality and free speech, I am convinced, based on actual experience, that these core values are mutually reinforcing, and not, as some have argued, in tension with each other. Moreover, I am convinced that this is true even for offensive or hateful speech that affronts our most cherished beliefs. However, defining hateful or offensive speech is inherently arbitrary and subjective, which raises concerns about what speech should be restricted, and how. Empowering government to punish hateful or offensive expresson necessarily vests officials with enormous discretionary power, which will inevitably lead to arbitrary …


Introduction; The Past, Present And Future Of Free Speech, Joel M. Gora Dec 2016

Introduction; The Past, Present And Future Of Free Speech, Joel M. Gora

Journal of Law and Policy

This short paper introduces the papers and commentary produced at two significant First Amendment occasions. First was a 40th anniversary celebration of the Supreme Court’s landmark 1976 decision in Buckley v. Valeo, the fountainhead ruling on the intersection between campaign finance restrictions and First Amendment rights. The questions were discussed provocatively by two of the leading players in that decision, James Buckley himself, now a retired United States Circuit Judge, and Ira Glasser, former head of the ACLU who helped organize a strange bedfellows, left-right coalition to challenge the new federal election campaign laws on First Amendment grounds. …


Money And Speech: Practical Perspectives, Nicholas W. Allard Dec 2016

Money And Speech: Practical Perspectives, Nicholas W. Allard

Journal of Law and Policy

Dean Allard provides a practical perspective on the topic of money, politics and free speech based on his over three decades worth of experience in lobbying, campaigns and public policy. Commentary also includes opinions as to the state of politics in America and the problems with reforming campaign finance law.


A Balancing Act For American Universities: Anti-Harassment Policy V. Freedom Of Speech, Bridget Hart Dec 2016

A Balancing Act For American Universities: Anti-Harassment Policy V. Freedom Of Speech, Bridget Hart

Journal of Law and Policy

Legal scholars, educational administrators, journalists, and students have all witnessed a rise in students being disciplined by university officials for speech and conduct deemed inappropriate for college campuses. In endeavoring to explain this trend, some academics point to the disconnect between the Department of Education and university administrators regarding the legal standards for campus anti-harassment policies. The lack of clarity regarding what constitutes harassment on college campuses has resulted in the punishment of students by universities for speech and conduct that is normally considered to be protected speech under the First Amendment. This note first provides an overview of the …