Law Commons^™

The Disappearing Freedom Of The Press, Ronnell Andersen Jones, Sonja R. West

Washington and Lee Law Review

At this moment of unprecedented decline of local news and amplified attacks on the American press, scholars are increasingly turning their attention to the Constitution’s role in protecting journalism and the journalistic function. Recent calls by some U.S. Supreme Court Justices to reconsider the core press-protecting precedent from New York Times Co. v. Sullivan have intensified these conversations. This scholarly dialogue, however, appears to be taking place against a mistaken foundational assumption that the U.S. Supreme Court continues to articulate and embrace at least some notion of freedom of the press. Yet despite the First Amendment text specifically referencing it …

God Save The United States And This Honorable County Board Of Commissioners: Lund, Bormuth, And The Fight Over Legislative Prayer, Mary Nobles Hancock

Washington and Lee Law Review

This Note addresses whether, and to what extent, the four factors proposed by the Fourth Circuit, and subsequently rejected by the Sixth Circuit, are an appropriate test of the constitutionality of a legislative prayer practice under United States Supreme Court jurisprudence. Part II explores the background of the Establishment Clause and legislative prayer. The Supreme Court has placed significant emphasis on the history of legislative prayer in evaluating modern prayer practices, as seen in its two cases Marsh v. Chambers and Town of Greece v. Galloway. Part III examines the first two circuit court decisions to consider challenges to local …

Christian Legislative Prayers And Christian Nationalism, Caroline Mala Corbin

Washington and Lee Law Review

This Response to Mary Nobles Hancock's Note explains Christian nationalism, and argues that government sponsored Christian prayers reflect and exacerbate Christian nationalism. It further contends that to help curb Christian nationalism and its ill effects, legislative prayers ought to cease entirely. Such a result is most in keeping with the Establishment Clause goal of avoiding a caste system based on religious belief.

Inappropriate For Establishment Clause Scrutiny: Reflections On Mary Nobles Hancock’S, God Save The United States And This Honorable County Board Of Commissioners: Lund, Bormuth, And The Fight Over Legislative Prayer, Samuel W. Calhoun

Washington and Lee Law Review

This Response to Mary Nobles Hancock’s Note, after noting the complexity of the issues she presents, briefly comments on Ms. Hancock’s analysis, which focuses on how current Supreme Court doctrine should be applied to legislative prayer. Part III ranges more broadly. The author's basic position is that the Supreme Court has long misconstrued the Establishment Clause. This misinterpretation in turn has led the Court mistakenly to interpose itself into the realm of legislative prayer, an incursion the Founders never intended.

The Post-Truth First Amendment, Sarah C. Haan

Scholarly Articles

Post-truthism is widely understood as a political problem. In this Article, I argue that post-truthism also presents a constitutional law problem—not a hypothetical concern, but a current influence on First Amendment law. Post-truthism, which teaches that evidence-based reasoning lacks value, offers a normative framework for regulating information. Although post-truthism has become a popular culture trope, I argue that we should take it seriously as a theory of decision making and information use, and as a basis for law.

This Article uses the example of compelled speech to explore how post-truth rhetoric and values are being integrated into law. When the …

Reconciling The Lanham Act And The Fdca: A Comment On Chris Hurley’S Note, Christopher B. Seaman

Washington and Lee Law Review

No abstract provided.

The Formulary Fix Buries Fritz & Harvey: Drug Promotion Escapes Its Past Constraints, James T. O'Reilly

Washington and Lee Law Review

No abstract provided.

The Off-Label Use Of Pom Wonderful: Using Section 43(A) To Eliminate Misleading Off-Label Drug Promotion, Christopher A. Hurley

Washington and Lee Law Review

No abstract provided.

Contemplating Masterpiece Cakeshop, Terri R. Day, Danielle Weatherby

Washington and Lee Law Review Online

Next term, in Masterpiece Cakeshop v. Colorado Civil Rights Commission, the Supreme Court will consider whether a baker’s religious objection to same-sex marriage justifies his violation of Colorado’s public accommodation law in refusing to bake a cake for a same-sex wedding. At the centerpiece of Masterpiece Cakeshop is a clash between the First Amendment’s Free Exercise Clause and the Fourteenth Amendment’s Equal Protection Clause or, more precisely, the principles of equality in commercial life as grounded in Colorado’s public accommodation law. In exploring the purpose inherent in regulating private conduct through public accommodation laws, this Essay suggests that …

Speech And The Truth-Seeking Value, Brian C. Murchison

Scholarly Articles

Courts in First Amendment cases long have invoked the truth-seeking value of speech, but they rarely probe its meaning or significance, and some ignore it altogether. As new cases implicate questions of truth and falsity, thorough assessment of the value is needed. This Article fills the gap by making three claims. First, interest in truth-seeking has resurfaced in journalism, politics, philosophy, and fiction, converging on a concept of provisional or “functional” truth. Second, the appeal of functional truth for the law may be that it clarifies thinking about a range of human priorities—survival, progress, and character—without insisting on truth in …

The Future Of Discriminatory Local Ordinances Aimed At Regulating Illegal Immigration, John Ryan Syllaios

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Speech Regulation: Why An Injunction Should Be Permissible Under Workplace Discrimination But Is Problematic Under Defamation, Sarah Shyr

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Lawyer Advertising And The Dignity Of The Profession, Rodney A. Smolla

Scholarly Articles

None available.

The First Amendment And The New Civil Liability, Rodney A. Smolla

Scholarly Articles

Not available.

Politics And The Constitution, Lewis H. Larue

Scholarly Articles

Not available.

Webster V. Doe, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.

Taking Libel Reform Seriously, Rodney A. Smolla

Scholarly Articles

Not available.

Corporation Of The Presiding Bishop Of The Church Of Jesus Christ Of Latter-Day Saints V. Amos, Lewis F. Powell Jr

Supreme Court Case Files

No abstract provided.

Board Of The Airport Commissioners Of The City Of Los Angeles V. Jews For Jesus, Inc., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Edwards V. Aguillard, Lewis F. Powell Jr

Supreme Court Case Files

No abstract provided.

Bowen V. Roy, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Witters V. Washington Department Of Services For Blind, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Goldman V. Weinberger, Lewis F. Powell Jr

Supreme Court Case Files

No abstract provided.

School District Of The City Of Grand Rapids V. Ball, Lewis F. Powell Jr

Supreme Court Case Files

No abstract provided.

Aguilar V. Felton, Lewis F. Powell Jr

Supreme Court Case Files

No abstract provided.

Wallace V. Jaffree, Lewis F. Powell Jr

Supreme Court Case Files

No abstract provided.

Estate Of Thornton V. Caldor Inc., Lewis F. Powell Jr

Supreme Court Case Files

No abstract provided.

Lynch V. Donnelly, Lewis F. Powell Jr

Supreme Court Case Files

No abstract provided.

Mueller V. Allen, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

National Association For The Advancement Of Colored People V. Claiborne Hardware Company, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.