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Articles 1 - 30 of 37
Full-Text Articles in Law
Tollbooths And Newsstands On The Information Superhighway, Brad A. Greenberg
Tollbooths And Newsstands On The Information Superhighway, Brad A. Greenberg
Michigan Telecommunications & Technology Law Review
Countering the perception that speech limitations affecting distribution necessarily reduce access to information, this Essay proffers that copyright expansions actually can increase access and thereby serve important copyright and First Amendment values. In doing so, this discussion contributes to the growing literature and two recent Supreme Court opinions discussing whether copyright law and First Amendment interests can coexist.
Getting Down To (Tattoo) Business: Copyright Norms And Speech Protections For Tattooing, Alexa L. Nickow
Getting Down To (Tattoo) Business: Copyright Norms And Speech Protections For Tattooing, Alexa L. Nickow
Michigan Telecommunications & Technology Law Review
What level of First Amendment protection should we afford tattooing? General public consensus formerly condemned tattoos as barbaric, but the increasingly diverse clientele of tattoo shops suggests that tattoos have become more mainstream. However, the law has struggled to adjust. The recent proliferation of municipal near-bans on tattooing has brought tattooing to the forefront of First Amendment debates, with cases such as Anderson and Coleman leading the way toward recognizing tattooing as pure speech. Tensions between formal and informal copyright norms in the tattoo industry further highlight the collaborative and expressive nature of the artist-customer relationship and its resulting products, …
Pro-Whistleblower Reform In The Post-Garcetti Era, Julian W. Kleinbrodt
Pro-Whistleblower Reform In The Post-Garcetti Era, Julian W. Kleinbrodt
Michigan Law Review
Whistleblowers who expose government ineptitude, inefficiency, and corruption are valuable assets to a well-functioning democracy. Until recently, the Connick–Pickering test governed public employee speech law; it gave First Amendment protection to government employees who spoke on matters of public concern—-such as whistleblowers-—so long as the government’s administrative concerns did not outweigh the employees’ free speech interests. The Supreme Court significantly curtailed the protection of such speech in its recent case, Garcetti v. Ceballos. This case created a categorical threshold requirement that afforded no protection to speech made as an employee rather than as a citizen. Garcetti’s problematic rule has forced …
Constitutional Law—First Amendment—Social Media Rams The Tinker Schoolhouse Gate: A New Approach For Online Student Speech, S. Kate Fletcher
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.
Lindros V. Governing Board Of Torrance Unified School District , Patrick Callahan
Lindros V. Governing Board Of Torrance Unified School District , Patrick Callahan
Pepperdine Law Review
No abstract provided.
Comment: First Amendment Rights Of Prisoners To Have Access To The News Media In Relation To Administrative Policy Bans Upon Such Access , Sharon Hass
Pepperdine Law Review
No abstract provided.
California V. Larue: The Demise Of The “Bottomless” Bar , Doris M. Felman
California V. Larue: The Demise Of The “Bottomless” Bar , Doris M. Felman
Pepperdine Law Review
No abstract provided.
Sarong Gals: Green Light For The Red Light Abatement Law, Donald Lewis Briggs
Sarong Gals: Green Light For The Red Light Abatement Law, Donald Lewis Briggs
Pepperdine Law Review
No abstract provided.
Preying On Playgrounds: The Sexploitation Of Children In Pornography And Prostitution, C. David Baker
Preying On Playgrounds: The Sexploitation Of Children In Pornography And Prostitution, C. David Baker
Pepperdine Law Review
No abstract provided.
Why Don’T You Take A Seat Away From That Computer?: Why Louisiana Revised Statute 14:91.5 Is Unconstitutional, Eva Conner
Louisiana Law Review
The article analyzes the content of Louisiana Revised Statutes section 14:91.5 which is regarding unlawful use or access of social media and compares it with similar laws across the U.S. It discusses the constitutionality of imposing post-release restrictions on sex offenders who have already completed their sentences. It reflects on Free Speech issues arising from laws restricting Internet access to sex offenders.
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 …
This Alj Said Too Much: Prison Hearing Officer Charges Michigan Department Of Corrections With First Amendment Violations And Race Discrimination, Carolyn Amadon
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Agencies And The Arts: The Dilemma Of Subsidizing Expression, Jennifer Weatherup
Agencies And The Arts: The Dilemma Of Subsidizing Expression, Jennifer Weatherup
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Muzzling And Caging Administrative Law Judges: The Social Security Administration Attempts To Control Its Most "Notorious" Employees, Allen E. Shoenberger
Muzzling And Caging Administrative Law Judges: The Social Security Administration Attempts To Control Its Most "Notorious" Employees, Allen E. Shoenberger
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
S!*T, P*@S, C*^T, F*#K, C*@!S*&!Er, M*!#$*@!*#^R, T*!S - The Fcc's Crackdown On Indecency, Lindsay Weiss
S!*T, P*@S, C*^T, F*#K, C*@!S*&!Er, M*!#$*@!*#^R, T*!S - The Fcc's Crackdown On Indecency, Lindsay Weiss
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Consider The Source: A Note On Public-Sector Union Expenditure Restrictions Upheld In Davenport V. Washington Education Association, Daniel A. Himebaugh
Consider The Source: A Note On Public-Sector Union Expenditure Restrictions Upheld In Davenport V. Washington Education Association, Daniel A. Himebaugh
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Redressing The Balance: An Examination Of The Scope First Amendment Protections, Prosecutorial Discretion, And Probable Cause In The Wake Of Hartman V. Moore, Anjoli Terhune
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
When Public Employees Speak Out On Issues Of Public Concern: The Applicability Of Pickering In Garcetti V. Ceballos, Jayne Chen
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
I Want My Mtv, But Not Your Vh1: A La Carte Cable, Bundling, And The Potential Great Cable Compromise, Holly Phillips
I Want My Mtv, But Not Your Vh1: A La Carte Cable, Bundling, And The Potential Great Cable Compromise, Holly Phillips
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Fair Play: The Tension Between An Athletic Association's Regulatory Power And Free Speech Rights Of Member Schools - The Practical Implications Of Tennessee V. Brentwood, Aaron Echols
Journal of the National Association of Administrative Law Judiciary
This case note focuses on the development of free speech rights and how those free speech rights co-exist with the rights of administrative bodies to regulate the speech and behavior of members. In particular, this case note examines the tension between the free speech rights of member schools trying to advertise the benefits of attending their school and the regulatory interests of an athletic association seeking to ensure fair athletic competition and academic priority over athletics.
Social Networking And Freedom Of Speech: Not Like Old Times , Zachary Shklar
Social Networking And Freedom Of Speech: Not Like Old Times , Zachary Shklar
Missouri Law Review
In Bland v. Roberts, the United States District Court for the Eastern District of Virginia was presented with the issue of whether “liking” a page on Facebook is speech protectable by the First Amendment. This Note argues that the court’s holding, that “liking” something on Facebook is not worthy of First Amendment protection, is a disturbing result that endangers one of our most fundamental rights guaranteed by the Constitution. In Part II, this Note analyzes the facts and holding of Bland v. Roberts. Next, in Part III, this Note describes in detail how Facebook operates and explains the legal background …
Policeman, Citizen, Or Both? A Civilian Analogue Exception To Garcetti V. Ceballos, Caroline A. Flynn
Policeman, Citizen, Or Both? A Civilian Analogue Exception To Garcetti V. Ceballos, Caroline A. Flynn
Michigan Law Review
The First Amendment prohibits the government from leveraging its employment relationship with a public employee in order to silence the employee's speech. But the Supreme Court dramatically curtailed this right in Garcetti v. Ceballos by installing a categorical bar: if the public employee spoke "pursuant to her official duties," her First Amendment retaliation claim cannot proceed. Garcetti requires the employee to show that she was speaking entirely "as a citizen" and not at all "as an employee." But this is a false dichotomy - especially because the value of the employee's speech to the public is no less if she …
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, …
First Bank Of Boston V. Bellottii, Corporations Right To Political Speech, Paul J. Zwier
First Bank Of Boston V. Bellottii, Corporations Right To Political Speech, Paul J. Zwier
Pepperdine Law Review
No abstract provided.
Deceptive Advertising And The Federal Trade Commission: A Perspective, Larry T. Pleiss
Deceptive Advertising And The Federal Trade Commission: A Perspective, Larry T. Pleiss
Pepperdine Law Review
No abstract provided.
Voting Rights And Freedom Of Speech Decisions From The October 2007 Term, Burt Neuborne
Voting Rights And Freedom Of Speech Decisions From The October 2007 Term, Burt Neuborne
Touro Law Review
No abstract provided.
Commercial Speech In Crisis: Crisis Pregnancy Center Regulations And Definitions Of Commercial Speech, Kathryn E. Gilbert
Commercial Speech In Crisis: Crisis Pregnancy Center Regulations And Definitions Of Commercial Speech, Kathryn E. Gilbert
Michigan Law Review
Recent attempts to regulate Crisis Pregnancy Centers, pseudoclinics that surreptitiously aim to dissuade pregnant women from choosing abortion, have confronted the thorny problem of how to define commercial speech. The Supreme Court has offered three potential answers to this definitional quandary. This Note uses the Crisis Pregnancy Center cases to demonstrate that courts should use one of these solutions, the factor-based approach of Bolger v. Youngs Drugs Products Corp., to define commercial speech in the Crisis Pregnancy Center cases and elsewhere. In principle and in application, the Bolger factor-based approach succeeds in structuring commercial speech analysis at the margins of …
Judicial Review Of The Zoning Of Adult Entertainment: A Search For The Purposeful Suppression Of Protected Speech, Alfred C. Yen
Judicial Review Of The Zoning Of Adult Entertainment: A Search For The Purposeful Suppression Of Protected Speech, Alfred C. Yen
Pepperdine Law Review
The conflict surrounding the zoning of adult entertainment is not novel. The antagonism stems from a community's right to provide for its social welfare and the adult entertainment provider's right to freedom of speech and expression. This article examines the evolution of the federal courts' analysis in this area. The author concludes by stating that the current method of review is not the most efficient. In its place, he proposes a new method that makes analysis simpler for both laypersons and the courts.
Thornburgh V. Abbott: Slamming The Prison Gates On Constitutional Rights, Megan M. Mcdonald
Thornburgh V. Abbott: Slamming The Prison Gates On Constitutional Rights, Megan M. Mcdonald
Pepperdine Law Review
No abstract provided.
Texas V. Johnson: The Constitutional Protection Of Flag Desecration, Patricia Lofton
Texas V. Johnson: The Constitutional Protection Of Flag Desecration, Patricia Lofton
Pepperdine Law Review
No abstract provided.