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- 133 S. Ct. 2675 (5)
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Articles 1 - 9 of 9
Full-Text Articles in Law
The Limits Of Child Pornography, Carissa Byrne Hessick
The Limits Of Child Pornography, Carissa Byrne Hessick
Indiana Law Journal
Although the First Amendment ordinarily protects the creation, distribution, and possession of visual images, the Supreme Court has declared that those protections do not apply to child pornography. But the Court has failed to clearly define child pornography as a category of speech. Providing a precise definition of the child pornography exception to the First Amendment has become increasingly important because recent years have seen a dramatic increase in the penalties associated with the creation, distribution, and possession of child pornography.
This Article proposes a clear definition of the child pornography exception. It argues that an image ought to fall …
Removing Disfavored Faces From Facebook: The Freedom Of Speech Implications Of Banning Sex Offenders From Social Media, John Hitz
Indiana Law Journal
This Note scrutinizes the constitutionality of statutes that ban sex offenders who are no longer under any form of probation, parole, or supervised release from using social media. This Note argues that the incarnations of three of the social media ban statutes that have been examined by the federal judiciary were properly found unconstitutional because they violate the free speech rights of the sex offenders that they ban from social media. This Note goes on to argue that states can secure the interests they were seeking to protect in adopting these statutes through other means.
ng what groups of individuals …
Doctoring Discrimination In The Same-Sex Marriage Debates, Elizabeth Sepper
Doctoring Discrimination In The Same-Sex Marriage Debates, Elizabeth Sepper
Indiana Law Journal
As the legalization of same-sex marriage spreads across the states, some religious believers refuse to serve same-sex married couples. In the academy, a group of law and religion scholars frames these refusals as “conscientious objection” to the act of marriage. They propose “marriage conscience protection” that would allow public employees and private individuals or businesses to refuse to “facilitate” same-sex marriages. They rely on the theoretical premise that commercial actors’ objections to marriage are equivalent to doctors’ objections to controversial medical procedures. They model their proposal on medical conscience legislation, which allows doctors to refuse to perform abortions. Such legislation, …
Introduction: Invited Essays On The Implications Of Windsor And Perry
Introduction: Invited Essays On The Implications Of Windsor And Perry
Indiana Law Journal
No abstract provided.
Standing To Appeal And Executive Non-Defense Of Federal Law After The Marriage Cases, Ryan W. Scott
Standing To Appeal And Executive Non-Defense Of Federal Law After The Marriage Cases, Ryan W. Scott
Indiana Law Journal
Essays on the Implications of Windsor and Perry
Is The Full Faith And Credit Clause Still "Irrelevant" To Same-Sex Marriage?: Toward A Reconsideration Of The Conventional Wisdom, Steve Sanders
Is The Full Faith And Credit Clause Still "Irrelevant" To Same-Sex Marriage?: Toward A Reconsideration Of The Conventional Wisdom, Steve Sanders
Indiana Law Journal
Essays on the Implications of Windsor and Perry
Leveling Up After Doma, Deborah A. Widiss
Leveling Up After Doma, Deborah A. Widiss
Indiana Law Journal
Essays on the Implication of Windsor and Perry
Windsor, Shelby County, And The Demise Of Originalism: A Personal Account, Dawn E. Johnsen
Windsor, Shelby County, And The Demise Of Originalism: A Personal Account, Dawn E. Johnsen
Indiana Law Journal
Essays on the Implication of Windsor and Perry
Evolving Values, Animus, And Same-Sex Marriage, Daniel O. Conkle
Evolving Values, Animus, And Same-Sex Marriage, Daniel O. Conkle
Indiana Law Journal
In this Essay, I contend that a Fourteenth Amendment right to same-sex marriage will emerge, and properly so, when the Supreme Court determines that justice so requires and when, in the words of Professor Alexander Bickel, the Court’s recognition of this right will “in a rather immediate foreseeable future . . . gain general assent.” I suggest that we are fast approaching that juncture, and I go on to analyze three possible justifications for such a ruling: first, substantive due process; second, heightened scrutiny equal protection; and third, rational basis equal protection coupled with a finding of illicit “animus.” I …