Open Access. Powered by Scholars. Published by Universities.®
- Institution
Articles 1 - 8 of 8
Full-Text Articles in Law
Free Speech Hypocrisy: Campus Free Speech Conflicts And The Sub-Legal First Amendment, Christina E. Wells
Free Speech Hypocrisy: Campus Free Speech Conflicts And The Sub-Legal First Amendment, Christina E. Wells
Faculty Publications
This Article is modest in scope. It seeks primarily to illuminate the role of free speech conflicts, especially those involving contentious speech, within the Court's jurisprudence, and to illustrate how arguments characterizing the protestors' speech as censorship misperceive the important role such conflicts play. Using both the Court's doctrinal framework and conflict resolution literature, this article attempts to bring deeper understanding to the purposes for the Court's approach, the context underlying the current conflicts, and the flaws underlying the argument that the protestors' actions are censorial. Part I briefly reviews three illustrative free speech conflicts at the University of Missouri, …
“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.
Privacy's Double Standards, Scott Skinner-Thompson
Privacy's Double Standards, Scott Skinner-Thompson
Publications
Where the right to privacy exists, it should be available to all people. If not universally available, then privacy rights should be particularly accessible to marginalized individuals who are subject to greater surveillance and are less able to absorb the social costs of privacy violations. But in practice, there is evidence that people of privilege tend to fare better when they bring privacy tort claims than do non-privileged individuals. This disparity occurs despite doctrine suggesting that those who occupy prominent and public social positions are entitled to diminished privacy tort protections.
This Article unearths disparate outcomes in public disclosure tort …
The Public Defender's Pin: Untangling Free Speech Regulation In The Courtroom, Michael Kagan
The Public Defender's Pin: Untangling Free Speech Regulation In The Courtroom, Michael Kagan
Scholarly Works
Recent disputes in Ohio and Nevada about whether lawyers should be allowed to wear “Black Lives Matter” pins in open court expose a fault line in First Amendment law. Lower courts have generally been unsympathetic to lawyers who display political symbols in court. But it would go too far suggest that free speech has no relevance in courtrooms. This Essay argues for a way to strike a balance.
Symposium: Truth, Trust And The First Amendment In The Digital Age: Foreword: Whither The Fourth Estate?, Lyrissa Barnett Lidsky
Symposium: Truth, Trust And The First Amendment In The Digital Age: Foreword: Whither The Fourth Estate?, Lyrissa Barnett Lidsky
UF Law Faculty Publications
As a professor of Media Law, I have devoted my career over the past quarter of a century to the idea that the press plays a special role in our democracy. That role is largely encapsulated by the concept of the press as Fourth Estate – an unofficial branch of government in our scheme of separation of powers that checks the power of the three official branches. In our constitutional scheme, the press is the watchdog that informs us what the legislative, executive, and judicial branches of government are up to and continually replenishes the stock of news – real …
Hate Speech At Home And Abroad, Sarah H. Cleveland
Hate Speech At Home And Abroad, Sarah H. Cleveland
Faculty Scholarship
The United States’ best-known constitutional protection internationally is surely the First Amendment. Around the world, the United States is perceived as protecting freedom of expression and the press first and foremost, among all rights. And whether admired for its purity and idealism or dismissed as naïve and sui generis, the United States’ approach to free speech is globally examined, critiqued, and debated. It is the United States’ most prominent constitutional export, informing the drafting of foreign constitutions, statutes, and judicial interpretations, and undergirding the protection for freedom of expression in the international and regional human rights systems.
This chapter …
Rights Skepticism And Majority Rule At The Birth Of The Modern First Amendment, Vincent A. Blasi
Rights Skepticism And Majority Rule At The Birth Of The Modern First Amendment, Vincent A. Blasi
Faculty Scholarship
Learned Hand, Oliver Wendell Holmes, and Louis Brandeis all had the same problem. They were troubled — Holmes less than the others and later, but eventually — by the widespread and mean-spirited persecution of dissenters they observed as the United States entered World War I and then reacted to the Bolshevik Revolution. Today, most persons so troubled would think that constitutional rights, and particularly the freedom of speech, exist for the very purpose of countermanding zealous political majorities that deny or neglect the claims of dissenters. But Hand, Holmes, and Brandeis, each by his own distinctive path, came to the …
#I🔫U: Considering The Context Of Online Threats, Lyrissa Barnett Lidsky, Linda Riedemann Norbutt
#I🔫U: Considering The Context Of Online Threats, Lyrissa Barnett Lidsky, Linda Riedemann Norbutt
UF Law Faculty Publications
The United States Supreme Court has failed to grapple with the unique interpretive difficulties presented by social media threats cases. Social media make hateful and threatening speech more common but also magnify the potential for a speaker's innocent words to be misunderstood People speak differently on different social media platforms, and architectural features of platforms, such as character limits, affect the meaning of speech. The same is true of other contextual clues unique to social media, such as gifs, hashtags, and emojis. Only by understanding social media contexts can legal decision-makers avoid overcriminalization of speech protected by the First Amendment. …