Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (18)
- First Amendment (12)
- Communications Law (4)
- State and Local Government Law (3)
- Civil Rights and Discrimination (2)
-
- Courts (2)
- Criminal Law (2)
- Election Law (2)
- Entertainment, Arts, and Sports Law (2)
- Human Rights Law (2)
- International Humanitarian Law (2)
- International Law (2)
- International and Area Studies (2)
- Social and Behavioral Sciences (2)
- Administrative Law (1)
- Air and Space Law (1)
- Animal Law (1)
- Asian Studies (1)
- Civil Law (1)
- Comparative and Foreign Law (1)
- Criminology and Criminal Justice (1)
- Education Law (1)
- Health Law and Policy (1)
- International Relations (1)
- Judges (1)
- Law and Politics (1)
- Legal Ethics and Professional Responsibility (1)
- Legal Studies (1)
- Legal Theory (1)
- Institution
-
- Selected Works (6)
- Georgetown University Law Center (5)
- Duke Law (4)
- SelectedWorks (4)
- University of Michigan Law School (4)
-
- Cornell University Law School (3)
- Washington and Lee University School of Law (3)
- Case Western Reserve University School of Law (2)
- Villanova University Charles Widger School of Law (2)
- American University Washington College of Law (1)
- Chicago-Kent College of Law (1)
- Cleveland State University (1)
- Lewis & Clark Law School (1)
- Maurer School of Law: Indiana University (1)
- Montclair State University (1)
- The University of Akron (1)
- University of Denver (1)
- Publication
-
- David S. Bogen (5)
- U.S. Supreme Court Briefs (5)
- Duke Law Journal (3)
- Case Western Reserve Law Review (2)
- Jeffrey S. Moorad Sports Law Journal (2)
-
- Michigan Law Review (2)
- Washington and Lee Law Review (2)
- Akron Law Faculty Publications (1)
- Alan E Garfield (1)
- Andy G Olree (1)
- Animal Law Review (1)
- Articles in Law Reviews & Other Academic Journals (1)
- Chicago-Kent Law Review (1)
- Cleveland State Law Review (1)
- Cornell International Law Journal (1)
- Cornell Law Faculty Publications (1)
- Cornell Law School Inter-University Graduate Student Conference Papers (1)
- Department of Justice Studies Faculty Scholarship and Creative Works (1)
- Faculty Scholarship (1)
- Human Rights & Human Welfare (1)
- Indiana Law Journal (1)
- James T Struck (1)
- Michigan Journal of Race and Law (1)
- Michigan Telecommunications & Technology Law Review (1)
- Scholarly Articles (1)
- Sharon Wilson (1)
- Wilson R. Huhn (1)
- Publication Type
Articles 1 - 30 of 41
Full-Text Articles in Law
Brief For The Respondants, Holder V. Humanitarian Law Project, Nos. 08-1498, 09-89 (U.S. Dec. 22, 2009), Neal K. Katyal
Brief For The Respondants, Holder V. Humanitarian Law Project, Nos. 08-1498, 09-89 (U.S. Dec. 22, 2009), Neal K. Katyal
U.S. Supreme Court Briefs
No abstract provided.
Free Speech & Tainted Justice: Restoring The Public's Confidence In The Judiciary In The Wake Of Republican Party Of Minnesota V. White, Gregory W. Jones
Free Speech & Tainted Justice: Restoring The Public's Confidence In The Judiciary In The Wake Of Republican Party Of Minnesota V. White, Gregory W. Jones
Chicago-Kent Law Review
The United States Supreme Court's 2002 decision in Republican Party of Minnesota v. White was the first shot fired in an ongoing battle over judicial campaign ethics. The White decision invalidated a Minnesota Canon of Judicial Conduct prohibiting judicial candidates from announcing their views on disputed legal or political topics. Subsequent to White, numerous states have faced challenges to their judicial canons of conduct by groups advocating for an increased breadth of permissible speech in judicial campaigns. While White and its progeny have safeguarded the first amendment rights of judicial candidates, significant concerns have been raised regarding how best to …
Cybersieves, Derek E. Bambauer
Cybersieves, Derek E. Bambauer
Duke Law Journal
This Article offers a process-based method to assess Internet censorship that is compatible with different value sets about what content should be blocked. Whereas China's Internet censorship receives considerable attention, censorship in the United States and other democratic countries is largely ignored. The Internet is increasingly fragmented by nations' different value judgments about what content is unacceptable. Countries differ not in their intent to censor material-from political dissent in Iran to copyrighted songs in America-but in the content they target, how precisely they block it, and how involved their citizens are in these choices. Previous scholars have analyzed Internet censorship …
On Writs Of Certiorari To The United States Court Of Appeals For The Ninth Circuit, Holder V. Humanitarian Law Project, Nos. 08-1298, 09-89 (U.S. Nov. 16, 2009), David Cole
U.S. Supreme Court Briefs
No abstract provided.
Free Speech Federalism, Adam Winkler
Free Speech Federalism, Adam Winkler
Michigan Law Review
For decades, constitutional doctrine has held that the Constitution's guarantee of freedom of speech applies equally to laws adopted by the federal, state, and local governments. Nevertheless, the identity of the government actor behind a law may be a significant, if unrecognized, factor in free speech cases. This Article reports the results of a comprehensive study of core free speech cases decided by the federal courts over a 14-year period. The study finds that speech-restrictive laws adopted by the federal government are far more likely to be upheld than similar laws adopted by state and local governments. Courts applying strict …
Animal Cruelty Vs. Freedom Of Speech, Alan E. Garfield
Animal Cruelty Vs. Freedom Of Speech, Alan E. Garfield
Alan E Garfield
No abstract provided.
Constraining Public Employee Speech: Government’S Control Of Its Workers’ Speech To Protect Its Own Expression, Helen Norton
Constraining Public Employee Speech: Government’S Control Of Its Workers’ Speech To Protect Its Own Expression, Helen Norton
Duke Law Journal
This Article identifies a key doctrinal shift in courts' treatment Of public employees' First Amendment claims-a shift that imperils the public's interest in transparent government as well as the free speech rights of more than twenty million government workers. In the past, courts interpreted the First Amendment to permit governmental discipline of public employee speech on matters of public interest only when such speech undermined the government employer's interest in efficiently providing public services. In contrast, courts now increasingly focus on-and defer to-government's claim to control its workers' expression to protect its own speech. More specifically, courts increasingly permit government …
Rules And Tools Of Nonprofit Lobbying, Sharon Wilson
Rules And Tools Of Nonprofit Lobbying, Sharon Wilson
Sharon Wilson
Abstract: This article focuses primarily on the federal tax law restrictions on lobbying and political campaign activities of 501( c)(3) organizations. A brief history of the restrictions on lobbying is followed by an instructional guide for nonprofit organizations and attorneys seeking to advise nonprofits about permissible conduct in this arena. Opportunities for greater political involvement through use of sec 501(h), sec 501©(4) and other strategies that have been deemed permissible by the Internal Revenue Service are explored. An examination of the IRS’s questionable annual examination process for nonprofits is explored.
On Cross-Petition For A Writ Of Certiorari To The United States Court Of Appeals For The Ninth Circuit, Holder V. Humanitarian Law Project, No. 09-89 (U.S. Sept. 8, 2009), David Cole
U.S. Supreme Court Briefs
No abstract provided.
Personnel Is Policy: Schools, Student Groups, And The Right To Discriminate, George B. Davis
Personnel Is Policy: Schools, Student Groups, And The Right To Discriminate, George B. Davis
Washington and Lee Law Review
No abstract provided.
Tucker Lecture, Law And Media Symposium, Erwin Chemerinsky
Tucker Lecture, Law And Media Symposium, Erwin Chemerinsky
Washington and Lee Law Review
No abstract provided.
The Free Speech Metamorphosis Of Mr. Justice Holmes, David S. Bogen
The Free Speech Metamorphosis Of Mr. Justice Holmes, David S. Bogen
David S. Bogen
No abstract provided.
Opposition To Petition For A Writ Of Certiorari, Holder V. Humanitarian Law Project, No. 08-1498 (U.S. July 6, 2009), David Cole
U.S. Supreme Court Briefs
No abstract provided.
Conditional Cross-Petition For A Writ Of Certiorari, Holder V. Humanitarian Law Project, No. 08-1498 (U.S. July 6, 2009), David Cole
U.S. Supreme Court Briefs
No abstract provided.
Foreword: Freedom Of Expression: "Precious Right" In Europe, "Sacred Right" In The United States?, Elisabeth Zoller
Foreword: Freedom Of Expression: "Precious Right" In Europe, "Sacred Right" In The United States?, Elisabeth Zoller
Indiana Law Journal
Symposium: An Ocean Apart? Freedom of Expression in Europe and the United States. This Article was originally written in French and delivered as a conference paper at a symposium held by the Center for American Law of the University of Paris II (Panthèon-Assas) on January 18-19, 2008.
Beyond Free Speech: Novel Approaches To Hate On The Internet In The United States, Jessica S. Henry
Beyond Free Speech: Novel Approaches To Hate On The Internet In The United States, Jessica S. Henry
Department of Justice Studies Faculty Scholarship and Creative Works
Hate on the Internet presents a unique problem in the United States. The First Amendment to the Constitution protects speech, even that which is hateful and offensive. Although the First Amendment is not without limitation and, indeed, although there have been a small number of successful prosecutions of individuals who disseminated hate speech over the Internet, web-based hate continues to receive broad First Amendment protections. Some non-governmental organizations in the United States, such as the Anti-Defamation League (ADL) and the Southern Poverty Law Center, have adopted innovative approaches to hate on the Internet. For instance, the ADL tracks and monitors …
Conditions On Taking The Initiative: The First Amendment Implications Of Subject Matter Restrictions On Ballot Initiatives, Anna Skiba-Crafts
Conditions On Taking The Initiative: The First Amendment Implications Of Subject Matter Restrictions On Ballot Initiatives, Anna Skiba-Crafts
Michigan Law Review
Nearly half of U.S. states offer a ballot initiative process that citizens may use to pass legislation or constitutional amendments by a popular vote. Some states, however, impose substantive restrictions on the types of initiatives citizens may submit to the ballot for a vote-precluding, for example, initiatives lowering drug penalties or initiatives related to religion. Circuit courts are split on whether and how such restrictions implicate the First Amendment. This Note argues that-rather than limiting "expressive conduct" protected only minimally by the First Amendment, or limiting pure conduct that does not garner any First Amendment protectionsubject matter restrictions on ballot …
‘Right Of Selfishness’ Vis-À-Vis Media Pluralism In The Us And In Europe: The Crucial Role Of Broadcasting At The Verge Of Private Enterprise And Public Trusteeship, Niels Lutzhoeft
Cornell Law School Inter-University Graduate Student Conference Papers
Few areas of law raise the question as to the delimitation of the public vis-à-vis the private sphere as forcefully as broadcasting does. And few businesses display the dual nature inherent in nature radio and TV broadcasting: economic versus cultural good. In Continental Europe, until the 1980s, broadcasting was subject to State monopolies that ought to ensure media pluralism. Likewise, the U.S. Supreme Court, embracing a scarcity rationale, qualified the First Amendment in the realm of broadcasting primarily as a right of the listeners and viewers to receive a wide array of information and opinions. In Red Lion, the Court …
The Religion Clauses And Freedom Of Speech In Australia And The United States: Incidental Restrictions And Generally Applicable Laws, David S. Bogen
The Religion Clauses And Freedom Of Speech In Australia And The United States: Incidental Restrictions And Generally Applicable Laws, David S. Bogen
David S. Bogen
No abstract provided.
Balancing Freedom Of Speech, David S. Bogen
The Supreme Court's Interpretation Of The Guarantee Of Freedom Of Speech, David S. Bogen
The Supreme Court's Interpretation Of The Guarantee Of Freedom Of Speech, David S. Bogen
David S. Bogen
No abstract provided.
First Amendment Ancillary Doctrines, David S. Bogen
First Amendment Ancillary Doctrines, David S. Bogen
David S. Bogen
No abstract provided.
Remembering Democracy In The Debate Over Election Reform, Matthew Michael Calabria
Remembering Democracy In The Debate Over Election Reform, Matthew Michael Calabria
Duke Law Journal
In FEC v. Wisconsin Right to Life, Inc., the United States Supreme Court held that the federal Bipartisan Campaign Reform Act violated the First Amendment right to free speech because the statute restricted a form of political speech known as issue advocacy. In attempting to protect this right from government intrusion, however, the Court improperly excluded considerations of democracy from its free speech analysis. The opinion consequently misrepresented the nature of the right to free speech for two independent but related reasons. First, because preserving a well-functioning democracy is the primary reason free speech is protected, the right to free …
Regulating Robocalls: Are Automated Calls The Sound Of, Or A Threat To, Democracy, Jason C. Miller
Regulating Robocalls: Are Automated Calls The Sound Of, Or A Threat To, Democracy, Jason C. Miller
Michigan Telecommunications & Technology Law Review
African-American voters receive a phone message implying that they are not registered to vote. Others hear "an almost threatening male voice," a "fake New York accent," factual distortions about legislation, false endorsements from controversial groups, calls promoting one candidate claiming to be from his opponent, and a constant barrage of annoying phone calls designed to make voters think a different candidate was sponsoring them. These messages were delivered through automated political telephone calls, also known as robocalls. Robocalls are cheap and efficient--one can deliver a pre-recorded message through 100,000 automated phone calls in one hour for only $2000. Consequently, robocalls …
No Enclaves Of Totalitarianism: The Triumph And Unrealized Promise Of The Tinker Decision, Jamin B. Raskin
No Enclaves Of Totalitarianism: The Triumph And Unrealized Promise Of The Tinker Decision, Jamin B. Raskin
Articles in Law Reviews & Other Academic Journals
The Supreme Court's decision in Tinker v. Des Moines Independent Community School District forty years ago did for the ideal of expressive freedom in America's public schools what Brown v. Board of Education did for the ideal of racial equality. It made a core value of the Bill of Rights spring to life for young people facing authoritarian treatment at the hands of adult officials running their school systems. By privileging the right of students to engage in passionate political communication over the school's interest in maintaining discipline or the community’s interest in maintaining pro-war consensus, the Tinker decision was …
Cross Burning A Hate Speech Under The First Amendment To The United States Constitution, Wilson Huhn
Cross Burning A Hate Speech Under The First Amendment To The United States Constitution, Wilson Huhn
Akron Law Faculty Publications
Under the First Amendment of the Constitution of the United States, ‘hate speech’ is constitutionally protected unless the circumstances of the case indicate that the speaker intended to threaten violence or provoke an immediate act of violence. While a person may be removed from a classroom or fired from employment for engaging in ‘hate speech’, under the First Amendment a person may be charged with a crime only if their statements constitute a threat or provocation of immediate violence. Moreover, even in cases where it is clear that a person is threatening violence or that violence is imminent, the person …
Why Linguistics Matters To Law-Communism, Heaven, Princess, Prostitute, And Words That Should Not Result In Discrimination, James T. Struck
Why Linguistics Matters To Law-Communism, Heaven, Princess, Prostitute, And Words That Should Not Result In Discrimination, James T. Struck
James T Struck
Language and linguistics is as important to law as judicial process, fees, oral argument, statutes and evidence. Words like communism, heaven, prostitute, princess are discussed to show that alternative meanings of words should not result in discrimination and loss of rights. Without understanding of alternative word meanings, people would not understand that different words are not harmful, destructive or dangerous
Identifying Government Speech, Andy G. Olree
Identifying Government Speech, Andy G. Olree
Andy G Olree
The U.S. Supreme Court has interpreted the Speech Clause of the First Amendment to mean that when the government distributes money or other resources to private speakers, it generally may not discriminate among speakers based on viewpoint. The government is, however, allowed to express its own viewpoint, even if it enlists the aid of private parties to get the message out, as long as the communication does not violate some separate legal restriction, such as the Establishment Clause. Together, these understandings form the core of what has become known as the government speech doctrine. This doctrine signals that distinguishing between …
Words "Which By Their Very Utterance Inflict Injury": Evolving Treatment Of Inherently Dangerous Speech In Free Speech Law And Theory, Rodney A. Smolla
Words "Which By Their Very Utterance Inflict Injury": Evolving Treatment Of Inherently Dangerous Speech In Free Speech Law And Theory, Rodney A. Smolla
Scholarly Articles
Not available.
El Salvador: Repression In The Name Of Anti-Terrorism, Mirna Cardona
El Salvador: Repression In The Name Of Anti-Terrorism, Mirna Cardona
Cornell International Law Journal
No abstract provided.