Law Commons^™

Public Fora And The Problem Of Too Much Speech, R. George Wright

Kentucky Law Journal

No abstract provided.

Religious Liberty Versus Rights Of Others, Arnold H. Loewy

Kentucky Law Journal

No abstract provided.

Religious Exemptions, Harm To Others, And The Indeterminacy Of A Common Law Baseline, Elizabeth Sepper

Kentucky Law Journal

No abstract provided.

Religious Accommodations And Third-Party Harms: Constitutional Values And Limits, Kathleen A. Brady

Kentucky Law Journal

No abstract provided.

The First Amendment, Compelled Speech & Minors: Jettisoning The Fcc Mandate For Children's Television Programming, Clay Calvert

Kentucky Law Journal

No abstract provided.

Permissible Accommodation Or Impermissible Endorsement? A Proposed Approach To Religious Exemptions And The Establishment Clause, Gary J. Simson

Kentucky Law Journal

No abstract provided.

Putting The "Exercise" Back In Free Exercise, Eric J. Segall

Kentucky Law Journal

No abstract provided.

Religious Exemptions, Third-Party Harms, And The False Analogy To Church Taxes, Christopher C. Lund

Kentucky Law Journal

No abstract provided.

The Costs Of Conscience, Micah Schwartzman, Nelson Tebbe, Richard Schragger

Kentucky Law Journal

No abstract provided.

Rluipa And The Limits Of Religious Institutionalism, Zachary A. Bray

Law Faculty Scholarly Articles

What special protections, if any, should religious organizations receive from local land use controls? The Religious Land Use and Institutionalized Persons Act (“RLUIPA”)—a deeply flawed statute—has been a magnet for controversy since its passage in 2000. Yet until recently, RLUIPA has played little role in debates about “religious institutionalism,” a set of ideas that suggest religious institutions play a distinctive role in developing the framework for religious liberty and that they deserve comparably distinctive deference and protection. This is starting to change: RLUIPA’s magnetic affinity for controversy has begun to connect conflicts over religious land use with larger debates about …

Tinker Tortured: The Scope Of Student Off-Campus Viral Speech Rights In The Federal Circuits, Kevin Nathaniel Troy Fowler

Kentucky Law Journal

No abstract provided.

A Benign Prior Restraint Rule For Public School Classroom Speech, Scott R. Bauries

Law Faculty Scholarly Articles

This Article is a contribution to a symposium on schools and free speech. It advances the claim that the First Amendment doctrines that apply to the classroom should adopt a benign prior restraint rule. In the case of teacher classroom speech, the Garcetti rule should apply where the government’s action in interfering with the speech constitutes a prior restraint—the First Amendment should not reach such interference. In cases where a teacher first speaks and then is later punished for that speech, however, basic notions of due process and the dangers of arbitrary governmental decision making are far more pressing, and …

Student Press Law: Past, Present, And Future, David R. Wheeler

Theses and Dissertations--Communication

This dissertation will identify and describe the state of the law regarding student speech and press freedom. The following questions will be explored: What rights do young people have? What standards have state and federal courts established? To what extent and how clearly have state statutes defined student expressive rights? What do state laws say about this topic? What issues have yet to be addressed, either because a case has not raised certain issues or because the issue does not lend itself to compromise or a clear solution? How does the capacity of social media for widespread and rapid dissemination …

A Uniform Test Isn't Here Right Now, But Please Leave A Message: How Altering The Spence Symbolic Speech Test Can Better Meet The Needs Of An Expressive Society, Caitlin Housley

Kentucky Law Journal

No abstract provided.

Individual Academic Freedom: An Ordinary Concern Of The First Amendment, Scott R. Bauries

Law Faculty Scholarly Articles

Our Nation is deeply committed to safeguarding academic freedom, which is of transcendent value to all of us, and not merely to the teachers concerned. That freedom is therefore a special concern of the First Amendment, which does not tolerate laws that cast a pall of orthodoxy over the classroom.

There is some argument that expression related to academic scholarship or classroom instruction implicates additional constitutional interests that are not fully accounted for by this Court's customary employee-speech jurisprudence. We need not, and for that reason do not, decide whether the analysis we conduct today would apply in the same …

Sexting And Freedom Of Expression: A Comparative Approach, Joanne Sweeny

Kentucky Law Journal

No abstract provided.

Compelled Investigatory And Testimonial Speech: An Overdue Clarification Of The Public Employee Speech Doctrine That Rehabilitates "All Of The Values At Stake", Molly K. Smith

Kentucky Law Journal

No abstract provided.

You Can’T Post That . . . Or Can You? Legal Issues Related To College And University Students’ Online Speech, Neal H. Hutchens

Educational Policy Studies and Evaluation Faculty Publications

Online activities increasingly represent a common part of the student experience. Along with seeking to engage students in positive ways in relation to their online activities, colleges and universities must also deal with instances of when students’ online expression potentially violates campus conduct standards. This article provides a review of legal standards relevant to students’ online speech, including an examination of cases arising in an online context.

Snyder V. Phelps: A Hard Case That Did Not Make Bad Law, Paul E. Salamanca

Law Faculty Scholarly Articles

In Snyder v. Phelps, the Court stood by the First Amendment in hard times. A religious group conducted a protest some 1,000 feet from a fallen marine's funeral, holding such pickets as “God Hates the USA,” “Thank God for Dead Soldiers,” and “You're Going to Hell.” Despite the empathy that virtually anyone would feel for the marine's grieving father, the Court held by a vote of eight to one that his action for intentional infliction of emotional distress and intrusion upon seclusion could not survive, owing largely to the public nature of the issues the protesters had raised. “Hard …

Brief Of Amicus Curiae Id Software Llc In Support Of Respondents, Paul E. Salamanca, James T. Drakeley, D. Wade Cloud Jr., Kevin J. Keith, J. Griffin Lesher, Amy Yeung

Law Faculty Advocacy

No abstract provided.

A Confused Concern Of The First Amendment: The Uncertain Status Of Constitutional Protection For Individual Academic Freedom, Neal H. Hutchens

Educational Policy Studies and Evaluation Faculty Publications

The question of whether the First Amendment protects the individual academic freedom of faculty members at public colleges and universities has resulted in divergent views among courts and legal scholars. In joining the ongoing discourse regarding constitutional protection for academic freedom, this article considers using academic freedom policies and standards voluntarily adopted by institutions as a basis to provide First Amendment protection for faculty speech at public colleges and universities. The article proposes that such policies present one alternative to help clear some of the legal fog regarding First Amendment protection for individual academic freedom, especially in relation to the …

Silence At The Schoolhouse Gate: The Diminishing First Amendment Rights Of Public School Employees, Neal H. Hutchens

Kentucky Law Journal

No abstract provided.

Grounding Cyberspeech: Public Schools' Authority To Discipline Students For Internet Activity, Sarah O. Cronan

Kentucky Law Journal

No abstract provided.

Deus Ex Machina And The Unfulfilled Promise Of New York Times V. Sullivan: Applying The Times For All Seasons, Joseph H. King Jr.

Kentucky Law Journal

No abstract provided.

Open Season On The Journalist's Privilege: Do Recent Rulings Represent A Trend Against Assertions Of The Privilege Or Proper Applications Of Existing Law?, Will E. Messer

Kentucky Law Journal

No abstract provided.

Quo Vadis: The Continuing Metamorphosis Of The Establishment Clause Toward Realistic Substantive Neutrality, Paul E. Salamanca

Law Faculty Scholarly Articles

For years, the rhetoric of substantive neutrality has dominated interpretation of the Establishment Clause. Under this approach, courts and commentators purport to ask whether a public policy under scrutiny is likely to affect religious choices in an unacceptable way. In fact, so broadly has this approach been taken that both separationists and accommodationists resort to it freely, although with radically differing perceptions as to when policy becomes unacceptable. Arguably, however, adherents to this approach have paid insufficient attention to religious behavior per se. Had they paid sufficient attention to this phenomenon, they would have been forced to acknowledge that little …

The Liberal Polity And Illiberalism In Religious Traditions, Paul E. Salamanca

Law Faculty Scholarly Articles

It is in the nature of religious traditions to be somewhat illiberal. Indeed, a religion that does not require its adherents to affirm at least some belief is probably a logical impossibility. Christians, for example, must believe something about the nature of Christ. Even Unitarians, who advocate tolerance of all religions, must affirm a belief in tolerance.

Recently, and largely because of the events of September 11, 2001, enhanced attention has been paid to certain potentially illiberal aspects of Islam in the United States. The journalist Daniel Pipes, for example, has written about certain Moslem Americans who, according to his …

Choice Programs And Market-Based Separationism, Paul E. Salamanca

Law Faculty Scholarly Articles

The Supreme Court's recent decision in Zelman v. Simmons-Harris appears to clear the way for a wide variety of educational and charitable choice plans. In this decision, the Court upheld against Establishment Cause Challenge a formally neutral school choice program that encompassed a wide variety of options in the public and private sector, including private sectarian schools. The Court reasoned that, when the government makes aid available to a broad class of recipients without regard to their religious or non-religious affiliation, and when the recipients have a genuine choice as to whether to obtain that aid from a religious or …

Prior Restraint In Wartime, Paul E. Salamanca

Law Faculty Popular Media

In this article for Bench & Bar Magazine (the Kentucky Bar Association's magazine), Professor Paul E. Salamanca discusses the First Amendment during times of war or conflict.

Religion, Establishment, And The Northwest Ordinance: A Closer Look At An Accommodationist Argument, Thomas Nathan Peters

Kentucky Law Journal

No abstract provided.