Law Commons^™

The Trouble With Jaycees, Neal Devins

Neal E. Devins

No abstract provided.

When Free Speech And Free Enterprise Collide, Cathy Lewis, Timothy Zick, Joe Howell

Timothy Zick

It's been a month since comments by Chick-fil-A President and COO Dan Cathy galvanized some while incensing others, and amplified the nationwide conversation about marriage equality. Instead of revisiting the debate, HearSay host Cathy Lewis examines the complex interplay of civil and economic liberties that first fostered the controversy.

The First Amendment And The World, Timothy Zick

Timothy Zick

No abstract provided.

The First Amendment Protects Military Funeral Protests, Timothy Zick

Timothy Zick

Military funeral protests are offensive, but protected free speech.

The First Amendment In Trans-Border Perspective: Toward A More Cosmopolitan Orientation, Timothy Zick

Timothy Zick

This Article examines the First Amendment’s critical trans-border dimension—its application to speech, association, press, and religious activities that cross or occur beyond territorial borders. Judicial and scholarly analysis of this aspect of the First Amendment has been limited, at least as compared to consideration of more domestic or purely local concerns. This Article identifies two basic orientations with respect to the First Amendment—the provincial and the cosmopolitan. The provincial orientation, which is the traditional account, generally views the First Amendment rather narrowly—i.e., as a collection of local liberties or a set of limitations on domestic governance. First Amendment provincialism does …

Space, Place, And Speech: The Expressive Topography, Timothy Zick

Timothy Zick

No abstract provided.

Rights Dynamism, Timothy Zick

Timothy Zick

No abstract provided.

Professional Rights Speech, Timothy Zick

Timothy Zick

Some regulations of professional-client communications raise important, but sofar largely overlooked, constitutional concerns. Three recent examples of professional speech regulation-restrictions on physician inquiries regarding firearms, "reparative" therapy bans, and compelled abortion disclosures-highlight an important intersection between professional speech and constitutional rights. In each of the three examples, state regulations implicate a non-expressive constitutional right--the right to bear arms, equality, and abortion. States are actively, sometimes even aggressively, using their licensing authority to limit and structure conversations between professionals and their clients regarding constitutional rights. The author contends that government regulation of "professional rights speech" should be subjected to heightened First …

Practical Equality: Discussion With Author Robert L. Tsai, Timothy Zick, Robert L. Tsai

Timothy Zick

Professor Timothy Zick discusses a new book titled "Practical Equality: Forging Justice in a Divided Nation," with its author, Professor Robert L. Tsai of American University Washington College of Law. Timothy Zick is the John Marshall Professor of Government and Citizenship at William & Mary Law School. His scholarship has explored a wide variety of constitutional issues, with a special focus on the First Amendment. Robert L. Tsai is Professor of Law at American University and a prize-winning essayist in constitutional law and history. Recorded before a live audience at William & Mary Law School on March 14, 2019. The …

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

Timothy Zick

No abstract provided.

Limitations On Corporate Speech: Protection For Shareholders Or Abridgement Of Expression?, Alan J. Meese

Alan J. Meese

No abstract provided.

The Future Of Defamation In Illinois After Colson V. Steig And Chapski V. Copley Press, Inc., Linda A. Malone, Rodney A. Smolla

Linda A. Malone

No abstract provided.

The Public's Domain In Trademark Law: A First Amendment Theory Of The Consumer, Laura A. Heymann

Laura A. Heymann

No abstract provided.

Peaches, Speech, And Clarence Thomas: Yes, California, There Is A Justice Who Understands The Ramifications Of Controlling Commercial Speech, Jennifer R. Franklin

Jennifer R. Franklin

No abstract provided.

Trust And Retaliation: The First Amendment And Trump’S Taxes, Timothy Zick

Popular Media

No abstract provided.

The President’S Utterly Un-American Response To Dissent, Timothy Zick

Popular Media

No abstract provided.

Broken Platforms, Broken Communities? Free Speech On Campus, Stephen M. Feldman

William & Mary Bill of Rights Journal

Free speech disputes have broken out on numerous college and university campuses. In several incidents, protesters have attempted to block the presentations of well-known and controversial speakers who threaten the communal status of societal outsiders. These events have sparked not only widespread media coverage but also the publication of multiple scholarly books and articles. None of this scholarship, however, has recognized that the interrelated histories of free expression and democracy can shed considerable light on these matters. This Article takes on that challenge. Specifically, this Article explores the ramifications of the historical interrelationship between free expression and democracy for campus …

Antitrust As Speech Control, Hillary Greene, Dennis A. Yao

William & Mary Law Review

Antitrust law, at times, dictates who, when, and about what people can and cannot speak. It would seem then that the First Amendment might have something to say about those constraints. And it does, though perhaps less directly and to a lesser degree than one might expect. This Article examines the interface between those regimes while recasting antitrust thinking in terms of speech control.

Our review of the antitrust-First Amendment legal landscape focuses on the role of speech control. It reveals that while First Amendment issues are explicitly addressed relatively infrequently within antitrust decisions that is, in part, because certain …

Merging Offensive-Speech Cases With Viewpoint-Discrimination Principles: The Immediate Impact Of Matal V. Tam On Two Strands Of First Amendment Jurisprudence, Clay Calvert

William & Mary Bill of Rights Journal

This Article examines flaws with the U.S. Supreme Court’s 2017 decision in Matal v. Tam that equated giving offense with viewpoint discrimination. Already, the Court’s language in Tam that “giving offense is a viewpoint” is being cited by multiple lower courts. This Article argues, however, that giving offense is not synonymous with viewpoint discrimination. This Article contends that the Court in Tam conflated two distinct strands of First Amendment jurisprudence—namely, its offensive-speech cases with principles against viewpoint discrimination. The Article proposes two possible paths forward to help courts better clarify when a case such as Tam should be analyzed as …

The Itunes Of Downloadable Guns: Firearms As A First Amendment Right, Sandra Sawan Lara

Catholic University Journal of Law and Technology

As society becomes more technology driven, legal issues continue to arise around the world. From privacy to national security, technology develops at a rate the law simply cannot keep up with. In the United States, one of the biggest legal issues is how the new risks technology brings will interfere with our individual liberties.

Technologies like three-dimensional (“3D”) printing have transformed everything from lifesaving surgeries to gun manufacturing. This technology has led to a whole new way of communicating via computer coding, with the online open source movement leading innovation by allowing for the sharing and editing of files freely. …