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Articles 1 - 5 of 5

Full-Text Articles in Law

Defining The Line Between Constitutionally Protected Speech And True Threats: Can I Be Arrested For Being Annoying?, Allison E. Dolzani Nov 2014

Defining The Line Between Constitutionally Protected Speech And True Threats: Can I Be Arrested For Being Annoying?, Allison E. Dolzani

Touro Law Review

No abstract provided.


Protecting Defamatory Fiction And Reader-Response Theory With Emphasis On The German Experience, Henry Ordower Oct 2014

Protecting Defamatory Fiction And Reader-Response Theory With Emphasis On The German Experience, Henry Ordower

Georgia Journal of International & Comparative Law

No abstract provided.


Shame, Rage And Freedom Of Speech: Should The United States Adopt European "Mobbing" Laws?, Brady Coleman Sep 2014

Shame, Rage And Freedom Of Speech: Should The United States Adopt European "Mobbing" Laws?, Brady Coleman

Georgia Journal of International & Comparative Law

No abstract provided.


The Mechanics Of First Amendment Audience Analysis, David S. Han May 2014

The Mechanics Of First Amendment Audience Analysis, David S. Han

William & Mary Law Review

When the government seeks to regulate speech based on its content, it generally assumes that listeners will process the speech in a manner that produces social harm. Because the chain of causation for such speech-based harm runs through the filter of an audience, courts must constantly make judgments regarding the audience’s reception of such speech. How will the speech be interpreted by the audience? To what extent will the speech cause the audience either to suffer direct emotional harm or to react physically to the speech in a harmful manner? Although this sort of inquiry—which I refer to as “audience …


Conversion Therapy And Free Speech: A Doctrinal And Theoretical First Amendment Analysis, Clay Calvert, Kara Carnley, Brittany Link, Linda Riedmann May 2014

Conversion Therapy And Free Speech: A Doctrinal And Theoretical First Amendment Analysis, Clay Calvert, Kara Carnley, Brittany Link, Linda Riedmann

William & Mary Journal of Race, Gender, and Social Justice

This Article analyzes, from both a doctrinal and theoretical perspective, the First Amendment speech interests at stake before the U.S. Court of Appeals for the Ninth Circuit in Welch v. Brown and Pickup v. Brown. Those cases pivot on a controversial California law banning mental health providers from performing sexual orientation change efforts (also known as conversion therapy) on minors. Two district court judges reached radically different conclusions about the First Amendment questions. The Article explores how a trio of recent Supreme Court decisions involving seemingly disparate factual scenarios—Brown v. Entertainment Merchants Association, United States v. Alvarez and Gonzales v. …