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Articles 1 - 14 of 14
Full-Text Articles in Law
Huppert, Reilly, And The Increasing Futility Of Relying On The First Amendment To Protect Employee Speech, John Q. Mulligan
Huppert, Reilly, And The Increasing Futility Of Relying On The First Amendment To Protect Employee Speech, John Q. Mulligan
William & Mary Bill of Rights Journal
No abstract provided.
First Amendment Based Copyright Misuse, David S. Olson
First Amendment Based Copyright Misuse, David S. Olson
William & Mary Law Review
We are at a crossroads with respect to the underdeveloped equitable defense of copyright misuse. The defense may go the way of its sibling, antitrust-based patent misuse, which seems to be in a state of inevitable decline. Or—if judges accept the proposal of this Article—courts could reinvigorate the copyright misuse defense to better protect First Amendment speech that is guaranteed by statute, but that is often chilled by copyright holders misusing their copyrights to control others’ speech. The Copyright Act serves First Amendment interests by encouraging authors to create works. But copyright law can also discourage the creation of new …
Hate Speech And Harassment: The Constitutionality Of Campus Codes That Prohibit Racial Insults, Alan E. Brownstein
Hate Speech And Harassment: The Constitutionality Of Campus Codes That Prohibit Racial Insults, Alan E. Brownstein
William & Mary Bill of Rights Journal
No abstract provided.
No Place To Hide: First Amendment Protection For Geolocation Privacy, Theodore F. Claypoole
No Place To Hide: First Amendment Protection For Geolocation Privacy, Theodore F. Claypoole
Theodore F Claypoole
The article analyzes the conflict between established Constitutional rights and evaporating privacy, by exploring technological changes that threaten anonymity and examining the First Amendment rights to be anonymous in association and speech.
Government Identity Speech And Religion: Establishment Clause Limits After Summum, Mary Jean Dolan
Government Identity Speech And Religion: Establishment Clause Limits After Summum, Mary Jean Dolan
William & Mary Bill of Rights Journal
This Article offers in-depth analysis of the opinions in Pleasant Grove v. Summum. Summum is a significant case because it expands “government speech” to cover broad, thematic government identity messages in the form of donated monuments, including the much-litigated Fraternal Order of Eagles-donated Ten Commandments. The Article explores the fine distinctions between the new “government speech doctrine”— a defense in Free Speech Clause cases that allows government to express its own viewpoint and to reject alternative views—and “government speech” analyzed under the Establishment Clause, which prohibits government from expressing a viewpoint on religion, and from favoring some religions over others. …
The Inherent Structure Of Free Speech Law, Joshua P. Davis, Joshua D. Rosenberg
The Inherent Structure Of Free Speech Law, Joshua P. Davis, Joshua D. Rosenberg
William & Mary Bill of Rights Journal
To date no one has discovered a set of organizing principles for free speech doctrine, an area of the law that has been criticized as complex, ad hoc, and even incoherent. We provide a framework that distills free speech law down to three judgments: the first about the role of government; the second about the target of government regulation; and the third a constrained cost-benefit analysis. The framework can be summarized by three propositions: first, the Constitution constrains government if it regulates private speech, but not if government speaks, sponsors speech or restricts expression in managing an internal governmental function; …
Section 1: Moot Court, Institute Of Bill Of Rights Law, William & Mary Law School
Section 1: Moot Court, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Section 6: First Amendment, Institute Of Bill Of Rights Law, William & Mary Law School
Section 6: First Amendment, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
The First Amendment Protects Military Funeral Protests, Timothy Zick
The First Amendment Protects Military Funeral Protests, Timothy Zick
Popular Media
Military funeral protests are offensive, but protected free speech.
Snyder V. Phelps, Sarah E. Merkle
The Need For A Negligence Standard Of Care For Credit Rating Agencies, Rachel Jones
The Need For A Negligence Standard Of Care For Credit Rating Agencies, Rachel Jones
William & Mary Business Law Review
No abstract provided.
Territoriality And The First Amendment: Free Speech At - And Beyond - Our Borders, Timothy Zick
Territoriality And The First Amendment: Free Speech At - And Beyond - Our Borders, Timothy Zick
Faculty Publications
No abstract provided.
Summum, The Vocality Of Public Places, And The Public Forum, Timothy Zick
Summum, The Vocality Of Public Places, And The Public Forum, Timothy Zick
Faculty Publications
No abstract provided.
Stanley In Cyberspace: Why The Privacy Protection Of The First Amendment Should Be More Like That Of The Fourth, Marc J. Blitz
Stanley In Cyberspace: Why The Privacy Protection Of The First Amendment Should Be More Like That Of The Fourth, Marc J. Blitz
Marc J. Blitz
No abstract provided.