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Articles 1 - 11 of 11

Full-Text Articles in Law

Enacting A Reasonable Federal Shield Law: A Reply To Professors Clymer And Eliason, James Thomas Tucker, Wermiel Jun 2008

Enacting A Reasonable Federal Shield Law: A Reply To Professors Clymer And Eliason, James Thomas Tucker, Wermiel

American University Law Review

No abstract provided.


The Problems With The Reporter's Privilege, Eliason D. Eliason Jun 2008

The Problems With The Reporter's Privilege, Eliason D. Eliason

American University Law Review

No abstract provided.


Deep Background: Journalists, Sources, And The Perils Of Leaking, William E. Lee Jun 2008

Deep Background: Journalists, Sources, And The Perils Of Leaking, William E. Lee

American University Law Review

No abstract provided.


Digitus Impudicus: The Middle Finger And The Law, Ira Robbins Apr 2008

Digitus Impudicus: The Middle Finger And The Law, Ira Robbins

Articles in Law Reviews & Other Academic Journals

The middle finger is one of the most commonly used insulting gestures in the United States. The finger, which is used to convey a wide range of emotions, is visible on streets and highways, in schools, shopping malls, and sporting events, in courts and execution chambers, in advertisements and on magazine covers, and even on the hallowed floor of the United States Senate. Despite its ubiquity, however, as a number of recent cases demonstrate, those who use the middle finger in public run the risk of being stopped, arrested, prosecuted, fined, and even incarcerated under disorderly conduct or breach of …


Speaking Against Norms: Public Discourse And The Economy Of Racialization In The Workplace, Terry Smith Feb 2008

Speaking Against Norms: Public Discourse And The Economy Of Racialization In The Workplace, Terry Smith

American University Law Review

Free speech controversies erupt from reactions to outlier voices, and these voices are often those of subordinated citizens such as racial minorities. Employing the tools of narrative, interviews with litigants and subjects, and interdisciplinary analysis of case law, Professor Terry Smith probes whether the social inequality of government employees of color affects the rigor of the First Amendment protection afforded their speech. Professor Smith argues that all public sector employees lack sufficient protection because their speech typically does not receive the highest constitutional scrutiny and because of the Supreme Court's recent decision in Garcetti v. Ceballos, which stripped public sector …


Arbitrary And F^@#$*! Capricious: An Analysis Of The Second Circuit's Rejection Of The Fcc's Fleeting Expletive Regulation In Fox Television Stations, Inc. V. Fcc (2007), Justin Winquist Feb 2008

Arbitrary And F^@#$*! Capricious: An Analysis Of The Second Circuit's Rejection Of The Fcc's Fleeting Expletive Regulation In Fox Television Stations, Inc. V. Fcc (2007), Justin Winquist

American University Law Review

No abstract provided.


The Upbringing Of A Creature: The Scope Of A Parent's Right To Teach Children To Hate, Brooke Emery Jan 2008

The Upbringing Of A Creature: The Scope Of A Parent's Right To Teach Children To Hate, Brooke Emery

The Modern American

No abstract provided.


The Religious Freedom Restoration Act And Protection Of Native American Religious Practices, Jason Gubi Jan 2008

The Religious Freedom Restoration Act And Protection Of Native American Religious Practices, Jason Gubi

The Modern American

No abstract provided.


Resolved, Or Is It? The First Amendment And Giving Money To Terrorists, Jeff Breinholt Jan 2008

Resolved, Or Is It? The First Amendment And Giving Money To Terrorists, Jeff Breinholt

American University Law Review

No abstract provided.


Student Speech: The Enduring Greatness Of Tinker, Jamin B. Raskin Jan 2008

Student Speech: The Enduring Greatness Of Tinker, Jamin B. Raskin

Articles in Law Reviews & Other Academic Journals

The Supreme Court's decision in Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969), did for the ideal of freedom in America's public schools what Brown v. Board of Education, 347 U.S. 483 (1954), did for the ideal of equality. It made a core value of the Bill of Rights spring to life for young people facing unjust policies and authoritarian treatment at the hands of adult officials in local school systems. In his remarkable opinion for the majority, Justice Abe Fortas upheld thirteen-year-old Mary Beth Tinker's First Amendment right to wear a black antiwar armband to …


Free Speech In The War On Terror: Does The Military Commissions Act Violate The First Amendment?, Ryan J. Vogel Jan 2008

Free Speech In The War On Terror: Does The Military Commissions Act Violate The First Amendment?, Ryan J. Vogel

Human Rights Brief

No abstract provided.