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Journal

University of Arkansas at Little Rock William H. Bowen School of Law

First Amendment

Articles 1 - 30 of 65

Full-Text Articles in Law

Fulton V. City Of Philadelphia, And The Rights Of Faith-Based Adoption And Foster Care Agencies, William G. Mcgrath Dec 2020

Fulton V. City Of Philadelphia, And The Rights Of Faith-Based Adoption And Foster Care Agencies, William G. Mcgrath

The Arkansas Journal of Social Change and Public Service

No abstract provided.


Section 230 Immunity: How The Trump Era Has Exposed The Current Conflict Between The First Amendment And The Good Samaritan Clause In The Modern Public Square, Brandon Salter, Dhillon Ramkhelawn Jan 2020

Section 230 Immunity: How The Trump Era Has Exposed The Current Conflict Between The First Amendment And The Good Samaritan Clause In The Modern Public Square, Brandon Salter, Dhillon Ramkhelawn

University of Arkansas at Little Rock Law Review

No abstract provided.


Constitutional Law—The Erosion Of Political Anonymity And Its Chilling Effect On Freedom Of Association: Reconsidering The Constitutionality Of The Mandated Public Disclosure Of Individuals’ Political Donations, Scout Snowden Jan 2020

Constitutional Law—The Erosion Of Political Anonymity And Its Chilling Effect On Freedom Of Association: Reconsidering The Constitutionality Of The Mandated Public Disclosure Of Individuals’ Political Donations, Scout Snowden

University of Arkansas at Little Rock Law Review

No abstract provided.


Constitutional Law—Where Does It Fit? Solving The School Board Prayer Puzzle, Austin Reed Jan 2020

Constitutional Law—Where Does It Fit? Solving The School Board Prayer Puzzle, Austin Reed

University of Arkansas at Little Rock Law Review

No abstract provided.


Reflections On The Church/State Puzzle, Kermit V. Lipez Apr 2019

Reflections On The Church/State Puzzle, Kermit V. Lipez

The Journal of Appellate Practice and Process

No abstract provided.


A Penny For Your Thoughts: Free Speech And Paying Fines With Coins, Peter C. Alexander Apr 2018

A Penny For Your Thoughts: Free Speech And Paying Fines With Coins, Peter C. Alexander

University of Arkansas at Little Rock Law Review

No abstract provided.


Constitutional Law—Why Amending The Consitution To Overrule Citizens United Is The Wrong Way To Fix Campaign Finance In The United States, Zachary Hale Jul 2017

Constitutional Law—Why Amending The Consitution To Overrule Citizens United Is The Wrong Way To Fix Campaign Finance In The United States, Zachary Hale

University of Arkansas at Little Rock Law Review

No abstract provided.


The First Amendment And The Police In The Digital Age, Kermit V. Lipez Oct 2016

The First Amendment And The Police In The Digital Age, Kermit V. Lipez

The Journal of Appellate Practice and Process

No abstract provided.


Dissecting The Hybrid Rights Exception: Should It Be Expanded Or Rejected?, David H. Hudson Jr., Emily H. Harvey Apr 2016

Dissecting The Hybrid Rights Exception: Should It Be Expanded Or Rejected?, David H. Hudson Jr., Emily H. Harvey

University of Arkansas at Little Rock Law Review

No abstract provided.


George Washington. Elena Kagan, And The Town Of Greece, New York: The First Amendment And Religious Minorities, Kermit V. Lipez Apr 2015

George Washington. Elena Kagan, And The Town Of Greece, New York: The First Amendment And Religious Minorities, Kermit V. Lipez

The Journal of Appellate Practice and Process

No abstract provided.


Constitutional Law—First Amendment—Social Media Rams The Tinker Schoolhouse Gate: A New Approach For Online Student Speech, S. Kate Fletcher Jul 2013

Constitutional Law—First Amendment—Social Media Rams The Tinker Schoolhouse Gate: A New Approach For Online Student Speech, S. Kate Fletcher

University of Arkansas at Little Rock Law Review

No abstract provided.


Constitutional Law—First Amendment And Freedom Of Speech—The Constitutionality Of Arkansas’S Prohibition On Political Robocalls, Caleb J. Norris Jul 2012

Constitutional Law—First Amendment And Freedom Of Speech—The Constitutionality Of Arkansas’S Prohibition On Political Robocalls, Caleb J. Norris

University of Arkansas at Little Rock Law Review

The note first discusses the pros and cons of robocalls, concluding that certain restrictions on robocalls are desirable. Next, the note examines current constitutional case law governing the issue. Thereafter, the note illustrates how Arkansas's regulation on political robocalls would fail a First Amendment challenge as currently written. Accordingly, the note proposes a revision to the robocall statute that would most likely allow it to pass constitutional review.

The note concludes that the burdens resulting from robocalls are placed upon robocall recipients, opposing political campaigns (especially those that determine not to use them under current law), and unrelated third parties. …


A Proposal To Expand The Religious Services Exemption Under The Copyright Act, Kevin M. Lemley Apr 2012

A Proposal To Expand The Religious Services Exemption Under The Copyright Act, Kevin M. Lemley

University of Arkansas at Little Rock Law Review

This article focuses on the religious services exemption to the Copyright Act. The religious services exemption is one of many exemptions that permit certain types of use without first obtaining permission from the copyright owner, or proving fair use. This article argues that the religious services exemption should be expanded to cover any work used in the course of services as well as the recording, broadcast, and transmission of the services.

The first part of this article analyzes the existing religious services exemption under the Copyright Act to define the bounds that uses fall under the exemption. The article then …


State Government—The Arkansas Freedom Of Information Act—Public Or Private Record: A Simple Distinction Threatens The Future Of Open Government In Arkansas, Pulaski County V. Arkansas Democrat-Gazette, Inc., 371 Ark. 214, 264 S.W.3d 465 (Ark. Oct. 4, 2007)., Geoffrey D. Neal Jan 2009

State Government—The Arkansas Freedom Of Information Act—Public Or Private Record: A Simple Distinction Threatens The Future Of Open Government In Arkansas, Pulaski County V. Arkansas Democrat-Gazette, Inc., 371 Ark. 214, 264 S.W.3d 465 (Ark. Oct. 4, 2007)., Geoffrey D. Neal

University of Arkansas at Little Rock Law Review

No abstract provided.


Constitutional Law—First Amendment & Freedom Of Speech—Students May Be Regarded As Closed-Circuit Recipients Of The State's Anti Drug Message: The Supreme Court Creates A New Exception To The Tinker Student Speech Standard. Morse V. Frederick, 127 S. Ct. 2618 (2007), Megan D. Hargraves Apr 2008

Constitutional Law—First Amendment & Freedom Of Speech—Students May Be Regarded As Closed-Circuit Recipients Of The State's Anti Drug Message: The Supreme Court Creates A New Exception To The Tinker Student Speech Standard. Morse V. Frederick, 127 S. Ct. 2618 (2007), Megan D. Hargraves

University of Arkansas at Little Rock Law Review

This note argues that the Supreme Court's decision in Morse significantly weakens students' free speech rights. Although the Court stated that students "do not shed their constitutional rights at the school house gates," its decisions, in effect, weakens Tinker's important holding that students are entitled to First Amendment protection. The note asserts that the Court's opinion broadens schools' authority to regulate student speech in ways that are contrary to fundamental First Amendment values and explicitly allows schools to engage in highly suspect viewpoint discrimination.

The note first examines some of the fundamental First Amendment values at stake in student speech …


Constitutional Law—Campaign Finance Law & The First Amendment—Can You See The Light?: Illuminating Precedent And Creating A New Tier Of Judicial Scrutiny For Campaign Finance Laws. Randall V. Sorrell, 126 S. Ct. 2479 (2006)., Christopher A. Mcnulty Oct 2007

Constitutional Law—Campaign Finance Law & The First Amendment—Can You See The Light?: Illuminating Precedent And Creating A New Tier Of Judicial Scrutiny For Campaign Finance Laws. Randall V. Sorrell, 126 S. Ct. 2479 (2006)., Christopher A. Mcnulty

University of Arkansas at Little Rock Law Review

No abstract provided.


The Reporter's Privilege In Arkansas: An Overview With Commentary, Philip S. Anderson Oct 2006

The Reporter's Privilege In Arkansas: An Overview With Commentary, Philip S. Anderson

University of Arkansas at Little Rock Law Review

No abstract provided.


Do Not Pass Go, Do Not Collect $200: The Reporter's Privilege Today, Douglas E. Lee Oct 2006

Do Not Pass Go, Do Not Collect $200: The Reporter's Privilege Today, Douglas E. Lee

University of Arkansas at Little Rock Law Review

No abstract provided.


Déjà Vu All Over Again: How A Generation Of Gains In The Federal Reporter's Privilege Law Is Being Reversed, Lucy A. Dalglish, Casey Murray Oct 2006

Déjà Vu All Over Again: How A Generation Of Gains In The Federal Reporter's Privilege Law Is Being Reversed, Lucy A. Dalglish, Casey Murray

University of Arkansas at Little Rock Law Review

No abstract provided.


The Concerto The Without Sheet Music: Revisiting The Debate Over First Amendment Protection For Information Gathering, Anthony L. Fargo Oct 2006

The Concerto The Without Sheet Music: Revisiting The Debate Over First Amendment Protection For Information Gathering, Anthony L. Fargo

University of Arkansas at Little Rock Law Review

No abstract provided.


A Trial Judge's Rumination On The Reporter's Privilege, Susan Webber Wright Oct 2006

A Trial Judge's Rumination On The Reporter's Privilege, Susan Webber Wright

University of Arkansas at Little Rock Law Review

No abstract provided.


Regulating Food Advertisements: Some First Amendment Issues, John M. A. Dipippa Apr 2006

Regulating Food Advertisements: Some First Amendment Issues, John M. A. Dipippa

University of Arkansas at Little Rock Law Review

No abstract provided.


Arkansas’S Public Records Retention Program: Records Retention As A Cornerstone Of Citizenship And Self-Government, Richard J. Peltz Jan 2006

Arkansas’S Public Records Retention Program: Records Retention As A Cornerstone Of Citizenship And Self-Government, Richard J. Peltz

University of Arkansas at Little Rock Law Review

No abstract provided.


Constitutional Law—First Amendment And Freedom Of Thought—Banishing Sex Offenders: Seventh Circuit Upholds Sex Offender's Ban From Public Parks After Thinking Obscene Thoughts About Children. Doe V. City Of Lafayette, 377 F.3d 757 (7th Cir. 2004)., Elizabeth Cloud Oct 2005

Constitutional Law—First Amendment And Freedom Of Thought—Banishing Sex Offenders: Seventh Circuit Upholds Sex Offender's Ban From Public Parks After Thinking Obscene Thoughts About Children. Doe V. City Of Lafayette, 377 F.3d 757 (7th Cir. 2004)., Elizabeth Cloud

University of Arkansas at Little Rock Law Review

No abstract provided.


Richard Sheppard Arnold: A Distinguished Jurist, A Loyal Colleague And A Good Friend, Gerald W. Heaney Apr 2005

Richard Sheppard Arnold: A Distinguished Jurist, A Loyal Colleague And A Good Friend, Gerald W. Heaney

University of Arkansas at Little Rock Law Review

No abstract provided.


Constitutional Law—True Threat Doctrine And Public School Speech—An Expensive View Of A School's Authority To Discipline Allegedly Threatening Student Speech Arising Off Campus. Doe V. Pulaski County Special School District, 306 F.3d 616 (8th Cir. 2002)., William Bird Oct 2003

Constitutional Law—True Threat Doctrine And Public School Speech—An Expensive View Of A School's Authority To Discipline Allegedly Threatening Student Speech Arising Off Campus. Doe V. Pulaski County Special School District, 306 F.3d 616 (8th Cir. 2002)., William Bird

University of Arkansas at Little Rock Law Review

No abstract provided.


Republican Party Of Minnesota V. White: The Lifting Of Judicial Speech Restraint, David B. Bogard Oct 2003

Republican Party Of Minnesota V. White: The Lifting Of Judicial Speech Restraint, David B. Bogard

University of Arkansas at Little Rock Law Review

No abstract provided.


Constitutional Law—First Amendment And Freedom Of Speech—"It's Ok—She's A Pixel, Not A Pixie": The First Amendment Protects Virtual Child Pornography. Ashcroft V. Free Speech Coalition, 535 U.S. 234 (2002)., Gary D. Marts Jr. Apr 2003

Constitutional Law—First Amendment And Freedom Of Speech—"It's Ok—She's A Pixel, Not A Pixie": The First Amendment Protects Virtual Child Pornography. Ashcroft V. Free Speech Coalition, 535 U.S. 234 (2002)., Gary D. Marts Jr.

University of Arkansas at Little Rock Law Review

No abstract provided.


Constitutionality Of "No-Citation" Rules, Salem M. Katsh, Alex V. Chachkes Apr 2001

Constitutionality Of "No-Citation" Rules, Salem M. Katsh, Alex V. Chachkes

The Journal of Appellate Practice and Process

No-citation rules raise serious constitutional concerns. Assuming that it is constitutional to designate an opinion as nonprecedential, it is not constitutional to prohibit citing an opinion. No-citation rules are unconstitutional for two reasons. The first, citation prohibitions interfere with a litigant’s First Amendment right of speech and petition. Second, citation prohibitions violate the separation of powers.


The New World Of News Media, David Broder Oct 2000

The New World Of News Media, David Broder

University of Arkansas at Little Rock Law Review

No abstract provided.