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Articles 1 - 30 of 50
Full-Text Articles in Law
Masterpiece Of Misdirection?, Mark Strasser
Masterpiece Of Misdirection?, Mark Strasser
Washington and Lee Law Review
In Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, the United States Supreme Court overruled a finding that a religious baker had violated a state antidiscrimination law when refusing to create a wedding cake for a same-sex couple. The decision might seem to have been a masterful resolution of an extremely difficult case because the Court issued a narrow opinion that seemed to affirm free exercise rights while at the same time affirming the right of same-sex couples to marry. Yet, the opinion, along with the accompanying concurrences and dissent, may well destabilize various settled areas of constitutional law …
Can The Burning Of Holy Books Ever Be Justified?, Waseem Ahmad Qureshi
Can The Burning Of Holy Books Ever Be Justified?, Waseem Ahmad Qureshi
Washington and Lee Journal of Civil Rights and Social Justice
While exploring the historical context of the burning of books during the times of Qin Shi Huang, the first emperor of unified China, the European Dark Ages, the colonial era, the Nazi Germany era, Iranian triumphs, and contemporary instances of the burning of literature, comics, and history, philosophy, and religious books,this paper identifies “freedom of expression” as the underlyingprinciple for the burning of holy books, an action that eventually fuels religious hatred, public disorder, and violence in society. Notwithstanding such consequences, Pastor Terry Jonesannounced an event calling for the burning of the Holy Qur’an onthe ninth anniversary of the 9/11 …
Tinker, Taylor, Schoolhouse, Speech: The Impact Of The Internet And Social Media On Public School Administrators’ Authority To Control Student Speech, Olivia Broderick
Tinker, Taylor, Schoolhouse, Speech: The Impact Of The Internet And Social Media On Public School Administrators’ Authority To Control Student Speech, Olivia Broderick
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
“Kill The Sea Turtles” And Other Things You Can’T Make The Government Say , Scott W. Gaylord
“Kill The Sea Turtles” And Other Things You Can’T Make The Government Say , Scott W. Gaylord
Washington and Lee Law Review
In Pleasant Grove City v. Summum, the Supreme Court confirmed that there is no heckler’s veto under the government speech doctrine. When speaking, the government has the right to speak for itself and to select the views that it wants to express. But the Court acknowledged that sometimes it is difficult to determine whether the government is actually speaking. Specialty license plates have proven to be one of those difficult situations, raising novel and important First Amendment issues. Six circuits have reached four separate conclusions regarding the status of messages on specialty license plates. Three circuits have held that specialty …
Categories, Tiers Of Review, And The Roiling Sea Of Free Speech Doctrine And Principle: A Methodological Critique Of United States V. Alvarez, Rodney A. Smolla
Categories, Tiers Of Review, And The Roiling Sea Of Free Speech Doctrine And Principle: A Methodological Critique Of United States V. Alvarez, Rodney A. Smolla
Scholarly Articles
None available.
Attorney Advice And The First Amendment, Renee Newman Knake
Attorney Advice And The First Amendment, Renee Newman Knake
Washington and Lee Law Review
An attorney’s advice for navigating and, when necessary, challenging the law is essential to American democracy. Yet the constitutional protection afforded to this category of speech is not clear; indeed, some question whether it should be protected at all. While legal ethics scholars have addressed attorney speech in other circumstances, none has focused exclusively on the First Amendment protection for attorney advice, particularly in light of the Supreme Court’s recent attention to the matter. Nor have constitutional law scholars given this issue the attention it deserves, though they acknowledge that it presents an important and unresolved question within First Amendment …
The Story Of Us: Resolving The Face-Off Between Autobiographical Speech And Information Privacy, Sonja R. West
The Story Of Us: Resolving The Face-Off Between Autobiographical Speech And Information Privacy, Sonja R. West
Washington and Lee Law Review
Increasingly more "ordinary"A mericans are choosing to share their life experiences with a public audience. In doing so, however, they are revealing more than their own personal stories; they are exposing private information about others as well. The faceoff between autobiographical speech and information privacy is coming to a head, and our legal system is not prepared to handle it. In a prior article, I established that autobiographicals peech is a unique and important category of speech that is at risk of being undervalued under current Law. This Article builds on my earlier work by addressing the emerging conflict between …
Tucker Lecture, Law And Media Symposium, Erwin Chemerinsky
Tucker Lecture, Law And Media Symposium, Erwin Chemerinsky
Washington and Lee Law Review
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.
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.
Where's The Harm?: Free Speech And The Regulation Of Lies, Lyrissa Barnett Lidsky
Where's The Harm?: Free Speech And The Regulation Of Lies, Lyrissa Barnett Lidsky
Washington and Lee Law Review
No abstract provided.
Law Of Assembly In The People's Republic Of China, Kam C. Wong
Law Of Assembly In The People's Republic Of China, Kam C. Wong
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The "Do-Not-Call List" Controversy: A Parable Of Privacy And Speech, Rodney A. Smolla
The "Do-Not-Call List" Controversy: A Parable Of Privacy And Speech, Rodney A. Smolla
Scholarly Articles
None available.
Content And Context: The Contributions Of William Van Alstyne To First Amendment Interpretation, Rodney A. Smolla
Content And Context: The Contributions Of William Van Alstyne To First Amendment Interpretation, Rodney A. Smolla
Scholarly Articles
Not available.
Defamation In The Digital Age: Some Comparative Law Observations On The Difficulty Of Reconciling Free Speech And Reputation In The Emerging Global Village, Ronald J. Krotoszynski, Jr.
Defamation In The Digital Age: Some Comparative Law Observations On The Difficulty Of Reconciling Free Speech And Reputation In The Emerging Global Village, Ronald J. Krotoszynski, Jr.
Washington and Lee Law Review
No abstract provided.
Shakin' It To The Back Of The Bus: How Parks V. Laface Uses The Artistic Relevance Test To Adjudicate Artistic Content, Mitchell David Greggs
Shakin' It To The Back Of The Bus: How Parks V. Laface Uses The Artistic Relevance Test To Adjudicate Artistic Content, Mitchell David Greggs
Washington and Lee Law Review
No abstract provided.
Restraint And Responsibility: Judicial Review Of Campaign Reform, Spencer Overton
Restraint And Responsibility: Judicial Review Of Campaign Reform, Spencer Overton
Washington and Lee Law Review
No abstract provided.
Intersection And Divergence: Some Reflections On The Warren Court, Civil Rights, And The First Amendment, Lillian R. Bevier
Intersection And Divergence: Some Reflections On The Warren Court, Civil Rights, And The First Amendment, Lillian R. Bevier
Washington and Lee Law Review
No abstract provided.
From Hit Man To Encyclopedia Of Jihad: How To Distinguish Freedom Of Speech From Terrorist Training, Rodney A. Smolla
From Hit Man To Encyclopedia Of Jihad: How To Distinguish Freedom Of Speech From Terrorist Training, Rodney A. Smolla
Scholarly Articles
Not available.
Applying Mcintyre V. Ohio Elections Commission To Anonymous Speech On The Internet And The Discovery Of John Doe's Identity, Caroline E. Strickland
Applying Mcintyre V. Ohio Elections Commission To Anonymous Speech On The Internet And The Discovery Of John Doe's Identity, Caroline E. Strickland
Washington and Lee Law Review
No abstract provided.
What Passes For Policy And Proof In First Amendment Litigation?, Rodney A. Smolla
What Passes For Policy And Proof In First Amendment Litigation?, Rodney A. Smolla
Scholarly Articles
Not available.
The Use, Nonuse, And Misuse Of Low Value Speech, Arnold H. Loewy
The Use, Nonuse, And Misuse Of Low Value Speech, Arnold H. Loewy
Washington and Lee Law Review
No abstract provided.
Should The Brandenburg V. Ohio Incitement Test Apply In Media Violence Cases?, Rodney A. Smolla
Should The Brandenburg V. Ohio Incitement Test Apply In Media Violence Cases?, Rodney A. Smolla
Scholarly Articles
None available.
Qualified Intimacy, Celebrity, And The Case For A Newsgathering Privilege, Rodney A. Smolla
Qualified Intimacy, Celebrity, And The Case For A Newsgathering Privilege, Rodney A. Smolla
Scholarly Articles
Not available.
"If We Recant, Would We Qualify?": Exclusion Of Religious Providers From State Social Service Voucher Programs, Rebecca G. Rees
"If We Recant, Would We Qualify?": Exclusion Of Religious Providers From State Social Service Voucher Programs, Rebecca G. Rees
Washington and Lee Law Review
No abstract provided.
Law And The Ideal Citizen, Lee C. Bollinger
Law And The Ideal Citizen, Lee C. Bollinger
Washington and Lee Law Review
No abstract provided.
Will Tabloid Journalism Ruin The First Amendment For The Rest Of Us?, Rodney A. Smolla
Will Tabloid Journalism Ruin The First Amendment For The Rest Of Us?, Rodney A. Smolla
Scholarly Articles
Not available.
Antitrust And First Amendment Implications Of Professional Real Estate Investors, Gary Myers
Antitrust And First Amendment Implications Of Professional Real Estate Investors, Gary Myers
Washington and Lee Law Review
No abstract provided.
Buckley V. Illinois Judicial Inquiry Board And Stretton V. Disciplinary Board Of The Supreme Court: First Amendment Limits On Ethical Restrictions Of Judicial Candidates' Speech, Robert M. Brode
Washington and Lee Law Review
No abstract provided.
Lawyers, Please Check Your First Amendment Rights At The Bar: The Problem Of State-Mandated Bar Dues And Compelled Speech, James B. Lake
Lawyers, Please Check Your First Amendment Rights At The Bar: The Problem Of State-Mandated Bar Dues And Compelled Speech, James B. Lake
Washington and Lee Law Review
No abstract provided.