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Decoding Student Speech Rights: Clarification And Applica-Tion Of Supreme Court Principles To Online Student Speech Cases, Courtney M. Willard
Decoding Student Speech Rights: Clarification And Applica-Tion Of Supreme Court Principles To Online Student Speech Cases, Courtney M. Willard
Golden Gate University Law Review
This Comment identifies the underlying principles of Supreme Court precedent governing student speech rights and applies those principles, as appropriate, to analyze online student speech. Part I provides a background of the four Supreme Court cases governing student speech. Four factors are identified from the Supreme Court decisions that continue to guide the analysis of student speech rights: sponsorship, location, effect, and content. Part II explores lower courts’ confusion in applying the four factors to online student speech cases. Finally, Part III examines the factors applicable to online student speech and provides guidance for future courts to analyze online student …
Long Live The King: United States V. Bagdasarian And The Subjective-Intent Standard For Presidential "True-Threat" Jurisprudence, Kyle A. Mabe
Golden Gate University Law Review
This Note argues that the Ninth Circuit found the proper balance between protecting speech and the President by interpreting the true-threats doctrine and the construction of presidential-threat statutes to require a subjective intent to threaten, in addition to one of the traditional objective standards for true threats. The application of a solely objective standard to threats against the President leads to unsettling results that punish speech without need. Harmless but misguided individuals have been held criminally responsible for ludicrous statements based on the sensitivities of the fabled “reasonable person,” regardless of the speakers’ actual motivations for their statements. More importantly, …
Shopping In The Marketplace Of Ideas: Why Fashion Valley Mall Means Target And Trader Joe's Are The New Town Squares, Jon Golinger
Shopping In The Marketplace Of Ideas: Why Fashion Valley Mall Means Target And Trader Joe's Are The New Town Squares, Jon Golinger
Golden Gate University Law Review
This Note explains that in Fashion Valley Mall, for the first time since the California high court decided Pruneyard nearly thirty years earlier, the court directly affirmed the notion that the California Constitution's liberty clause protects the right to free-speech activities on private property, such as a large shopping mall, that has taken on the characteristics of a traditional downtown business district. This Note further asserts that the majority's opinion in Fashion Valley Mall requires a different approach from that taken by the state appellate courts in deciding whether "stand-alone stores" such as Target and Trader Joe's also qualify as …
Symbolic Speech And Equal Protection At The Las Vegas Fremont Street Experience: Aclu Of Nevada V. City Of Las Vegas, Christopher Donewald
Symbolic Speech And Equal Protection At The Las Vegas Fremont Street Experience: Aclu Of Nevada V. City Of Las Vegas, Christopher Donewald
Golden Gate University Law Review
In ACLU of Nevada v. City of Las Vegas, the Ninth Circuit held that a local "solicitation" ordinance enacted by the City of Las Vegas violated the plaintiffs' rights to expressive speech under the First Amendment. Additionally, the Ninth Circuit held that a "tabling" ordinance, which provided a labor-related exception, violated the plaintiffs' right to equal protection guaranteed by the Fourteenth Amendment. The court also decided an issue of flrst impression: whether the practice of erecting tables in a public forum for the purpose of disseminating information constitutes expressive activity and is therefore deserving of First Amendment protection. The Ninth …
Sticks And Stones May Break Your Bones ... But Words May Break The Bank: Monetary Damages For 'True Threats' And The Future Of Free Speech After Planned Parenthood Of The Columbia/Willamette V. American Coalition Of Life Activists, Randall D. Nicholson
Golden Gate University Law Review
This Note is divided into five parts. Part I introduces the plaintiffs and defendants in Planned Parenthood and provides a detailed description of the content of the posters as well as the other evidence used to find the defendants liable for threatening speech. Part II presents a brief description of the details of, and impetus for, the enactment of the Freedom of Access to Clinic Entrances Act ("FACE"), as the act provides the basis for liability. To highlight that the majority's position in Planned Parenthood did not comport with current First Amendment jurisprudence, Part III analyzes the major decisions handed …
First Amendment - Alameda Books V. City Of Los Angeles, Katia Lazzara
First Amendment - Alameda Books V. City Of Los Angeles, Katia Lazzara
Golden Gate University Law Review
The First Amendment to the United States Constitution protects freedom of speech. Courts categorize government restrictions of speech as either content based or content neutral. Content-based regulations restrict speech because of the specific idea or message conveyed. Because content-based regulations greatly restrain a person's right to free speech, they must serve a compelling government interest and be narrowly tailored to accomplish that interest. Content-neutral regulations, on the other hand, regulate conduct that indirectly impacts speech. In order to pass muster, content-neutral regulations must advance a significant state interest unrelated to the suppression of speech and not substantially burden more speech …
Constitutional Law - Colacurcio V. City Of Kent, Zachary J. Dalton
Constitutional Law - Colacurcio V. City Of Kent, Zachary J. Dalton
Golden Gate University Law Review
In Colacurcio v. City of Kent, the United States Court of Appeals for the Ninth Circuit held that the City of Kent's Ordinance 3221, which required nude dancers to perform at least ten feet from patrons, did not violate the First Amendment of the United States Constitution. The court found that, as a matter of law, the Kent ordinance was content-neutral and the ten-foot distance requirement was narrowly tailored and left open ample alternative avenues for communication of protected expression.
A Pig In The Parlor: An Examination Of Legislation Directed At Obscenity And Indecency On The Internet, Andrew Spett
A Pig In The Parlor: An Examination Of Legislation Directed At Obscenity And Indecency On The Internet, Andrew Spett
Golden Gate University Law Review
The Internet, or ARPAnet, was originally developed by the U.S. Defense Department to support military research. As academics were invited to use the system, word of the system's research utility quickly spread. As the popularity of the computer increased, public consumer demand for access to the Internet increased. Consequently, the Internet quickly became a household word, no longer confined to government or academic circles. Currently, the Internet accommodates million users, and the numbers increase daily. In light of the expanse and growing importance of the Internet, this Comment will discuss the history and application of obscenity laws. This Comment will …
Standing Committee On Discipline V. Yagman: The Ninth Circuit Provides Substantial First Amendment Protection For Attorney Criticism Of The Judiciary, Jeffrey A. White
Standing Committee On Discipline V. Yagman: The Ninth Circuit Provides Substantial First Amendment Protection For Attorney Criticism Of The Judiciary, Jeffrey A. White
Golden Gate University Law Review
In Standing Committee on Discipline of the United States District Court for the Central District of California v. Yagman, the Ninth Circuit Court of Appeals held that an attorney who publicly criticized a federal judge did not commit sanctionable conduct. In determining whether the attorney, Stephen Yagman, had violated a local rule of professional conduct for lawyers, the court applied a "reasonable attorney" standard, rather than a subjective malice standard. The court held that Yagman's statements, in light of this higher standard, did not violate the rule's prohibition against impugning the integrity of the court. The Ninth Circuit also held …
Protecting Children From Music Lyrics: Sound Recordings And "Harmful To Minors" Statutes, Jim Mccormick
Protecting Children From Music Lyrics: Sound Recordings And "Harmful To Minors" Statutes, Jim Mccormick
Golden Gate University Law Review
The tactic of including sound recordings in "harmful to minors" statutes is perhaps the most promising solution to the resilient problem of explicit music lyrics. Although the Washington law was found unconstitutional, many states have successfully included sound recordings in their own "harmful to minors" statutes. To appreciate this development, a legal and factual background must be discussed. Part II of this Comment summarizes the development of obscenity standards for minors in U.S. First Amendment law. Part III discusses some historic clashes between obscenity law and music. The Washington "Erotic Lyrics" Amendment and its constitutional problems are the subject of …
Burdick V. Takushi: Hawaii's Ban On Write-In Voting Is Constitutional, Elizabeth E. Deighton
Burdick V. Takushi: Hawaii's Ban On Write-In Voting Is Constitutional, Elizabeth E. Deighton
Golden Gate University Law Review
In Burdick v. Takushi, the Supreme Court held that Hawaii's ban on write-in voting, when taken as part of the State's comprehensive election scheme, does not violate an individual's constitutional rights to freedom of expression or freedom of association as they pertain to voting rights. This Note gives an overview of the case law as it pertains to voting rights and its relationship to the First Amendment, and analyzes the Supreme Court's application of that law to the specific facts in Burdick.
R. V. Butler: Recognizing The Expressive Value And The Harm In Pornography, Justine Juson, Brenda Lillington
R. V. Butler: Recognizing The Expressive Value And The Harm In Pornography, Justine Juson, Brenda Lillington
Golden Gate University Law Review
The recent Canadian Supreme Court decision of R. v. Butler recognizes and addresses the harmful anti-social attitudes and behaviors towards women which are perpetuated by misogynistic, violent pornography. Meanwhile, American courts continue to grapple with their traditional obscenity standard. This comment presents an overview of the American approach to regulating and categorizing pornography, and explores the obstacles this approach creates for addressing the issues of harm to women. The pivotal elements of the Butler court's analysis will be discussed in light of American decisions. The authors propose that a Butler analysis offers a more honest and balanced approach to the …
International Society For Krishna Consciousness, Inc. V. Lee: The Public Forum Doctrine Falls To A Government Intent Standard, Stephen K. Schutte
International Society For Krishna Consciousness, Inc. V. Lee: The Public Forum Doctrine Falls To A Government Intent Standard, Stephen K. Schutte
Golden Gate University Law Review
Since its inception, the public forum doctrine has maintained a byzantine existence. The Supreme Court has struggled to define the extent to which the First Amendment protects expressive activities in public places. Prior to developing a public forum doctrine, the Court used various means to limit government restrictions of expressive uses of public property. Since 1972, however, the Court has increasingly relied on categorical approaches to determine when members of the general public can use government-controlled property for communicative purposes.
"Whatever Happened To Mary Beth Tinker" And Other Sagas In The Academic "Marketplace Of Ideas", Thomas C. Fischer
"Whatever Happened To Mary Beth Tinker" And Other Sagas In The Academic "Marketplace Of Ideas", Thomas C. Fischer
Golden Gate University Law Review
Over twenty years have passed since the Tinker case was decided. In that time, well over 40 major "education law" cases have been decided by the U.S. Supreme Court; exclusive of those dealing with public school integration and public assistance to parochial schools. Cases of the last two types add significantly to that number. In the forty years prior to Tinker, the Supreme Court decided roughly ten "education law" cases. The gradual erosion of the sweeping guarantees implied by the Tinker decision was neither consistent nor uninterrupted. Generally speaking, however, students and teachers have lost rights over the past twenty …
Constitutional Law - Zal V. Steppe: Ninth Circuit Approval Of An In Limine Ban Of Specific Words, Kathleen K. Mcginn
Constitutional Law - Zal V. Steppe: Ninth Circuit Approval Of An In Limine Ban Of Specific Words, Kathleen K. Mcginn
Golden Gate University Law Review
No abstract provided.
Constitutional Law - United States V. Richey: Disclosure Of Tax Information By Former Irs Agent Not Protected By The First Amendment, Christine C. Pagano
Constitutional Law - United States V. Richey: Disclosure Of Tax Information By Former Irs Agent Not Protected By The First Amendment, Christine C. Pagano
Golden Gate University Law Review
No abstract provided.
Constitutional Law, Maureen Mullane
Constitutional Law, Maureen Mullane
Golden Gate University Law Review
No abstract provided.
Sexual Speech And The State: Putting Pornography In Its Place, Mary C. Dunlap
Sexual Speech And The State: Putting Pornography In Its Place, Mary C. Dunlap
Golden Gate University Law Review
This article reviews the wider legal, political and psychological consequences of the drive against "pornography". The concern of this article is that the "anti-pornography" campaign has serious and as-yet ill-considered implications for a broader category of communication, here termed "sexual speech".
The Expanded Role Of School Administrators And Governing Boards In First Amendment Student Speech Disputes: Bethel School District No. 403 V. Fraser, Phoebe Graubard
The Expanded Role Of School Administrators And Governing Boards In First Amendment Student Speech Disputes: Bethel School District No. 403 V. Fraser, Phoebe Graubard
Golden Gate University Law Review
At the close of the 1986 Term the United States Supreme Court issued an opinion which expanded the authority of school administrators and governing boards in the area of first amendment student speech disputes. In Bethel School District No. 403 v. Fraser, the Court held that school authorities could discipline a student for giving a speech during a high school assembly which contained a sexual innuendo. Bethel School District represents a new direction by the Supreme Court in analyzing student speech conflicts. The Court's opinion is a departure from a protective first amendment analysis to one which permits local governing …
Constitutional Law, Maria Mandolini-Astengo
Constitutional Law, Maria Mandolini-Astengo
Golden Gate University Law Review
No abstract provided.
New York V. Ferber: Compelling Extension Of First Amendment Infringement, Jon M. Bloodworth Iii
New York V. Ferber: Compelling Extension Of First Amendment Infringement, Jon M. Bloodworth Iii
Golden Gate University Law Review
This note seeks both to define the particular forms of expression involving juveniles which, according to the Court, do not warrant constitutional protection, and to question the Court's rationale in setting precedent which narrows the scope of the first amendment.
Robins V. Pruneyard Shopping Center: Federalism And State Protection Of Free Speech, Suzanne Sherbell
Robins V. Pruneyard Shopping Center: Federalism And State Protection Of Free Speech, Suzanne Sherbell
Golden Gate University Law Review
No abstract provided.