Open Access. Powered by Scholars. Published by Universities.®
- Publication
Articles 1 - 17 of 17
Full-Text Articles in Law
Campus Speech And Harassment, Alexander Tsesis
Categorizing Student Speech, Alexander Tsesis
Multifactoral Free Speech, Alexander Tsesis
Multifactoral Free Speech, Alexander Tsesis
Alexander Tsesis
This Article presents a multifactoral approach to free speech analysis. Difficult cases present a variety of challenges that require judges to weigh concerns for the protection of robust dialogue, especially about public issues, against concerns that sound in common law (such as reputation), statutory law (such as repose against harassment), and in constitutional law (such as copyright). Even when speech is implicated, the Court should aim to resolve other relevant individual and social issues arising from litigation. Focusing only on free speech categories is likely to discount substantial, and sometimes compelling, social concerns warranting reflection, analysis, and application. Examining the …
Hush Don't Say A Word: Safeguarding Student's Freedom Of Expression In The Trump Era, Laura R. Mcneal
Hush Don't Say A Word: Safeguarding Student's Freedom Of Expression In The Trump Era, Laura R. Mcneal
Laura R. McNeal
The controversy surrounding NFL player Colin Kaepernick’s act of kneeling during the national anthem in protest of police brutality against people of color continues to permeate public discourse. In March 2017, President Trump referenced Colin Kaepernick’s symbolic act during a rally in Louisville, Kentucky, in an effort to illustrate his strong opposition to anyone kneeling during the national anthem. In this speech, President Trump stated that although many NFL franchise owners were interested in signing Colin Kaepernick, many were afraid of receiving a nasty tweet from him. Likewise, in another speech, President Trump stated, “I think it’s a great lack …
Government Identity Speech Programs: Understanding And Applying The New Walker Test, Leslie Gielow Jacobs
Government Identity Speech Programs: Understanding And Applying The New Walker Test, Leslie Gielow Jacobs
Leslie Gielow Jacobs
In Walker v. Texas Division, Sons of Confederate Veterans, Inc., the Court extended its previous holding in Pleasant Grove City, Utah v. Summum, that a city’s donated park monuments were government speech, to the privately proposed designs that Texas accepts and stamps onto its specialty license plates. The placement of the program into the new doctrinal category is significant because the selection criteria for government–private speech combinations that produce government speech are “exempt from First Amendment scrutiny.” By contrast, when the government selects private speakers to participate in a private speech forum, its criteria must be reasonable in light of …
Can Dna Be Speech?, Jorge R. Roig
Can Dna Be Speech?, Jorge R. Roig
Jorge R Roig
Holmes And Brennan, Howard M. Wasserman
Holmes And Brennan, Howard M. Wasserman
Howard M Wasserman
Sharing Stupid $H*T With Friends And Followers: The First Amendment Rights Of College Athletes To Use Social Media, Meg Penrose
Sharing Stupid $H*T With Friends And Followers: The First Amendment Rights Of College Athletes To Use Social Media, Meg Penrose
Meg Penrose
This paper takes a closer look at the First Amendment rights of college athletes to access social media while simultaneously participating in intercollegiate athletics. The question posed is quite simple: can a coach or athletic department at a public university legally restrict a student-athlete's use of social media? If so, does the First Amendment provide any restraints on the type or length of restrictions that can be imposed? Thus far, neither question has been presented to a court for resolution. However, the answers are vital, as college coaches and athletic directors seek to regulate their athletes in a constitutional manner.
Lane V. Franks: The Supreme Court Clarifies Public Employees’ Free Speech Rights, Thomas A. Schweitzer
Lane V. Franks: The Supreme Court Clarifies Public Employees’ Free Speech Rights, Thomas A. Schweitzer
Thomas A. Schweitzer
No abstract provided.
A Quantum Congress, Jorge R. Roig
A Quantum Congress, Jorge R. Roig
Jorge R Roig
Trade Secret Litigation And Free Speech: Is It Time To Restrain The Plaintiffs?, Elizabeth A. Rowe
Trade Secret Litigation And Free Speech: Is It Time To Restrain The Plaintiffs?, Elizabeth A. Rowe
Elizabeth A Rowe
Trade secret misappropriation litigation is often criticized for its negative effects on competition and speech. In particular, some accuse plaintiff trade secret owners of filing complaints for the purpose of running competitors out of business, or restraining individuals from discussing matters which are unfavorable. This Article enters the discussion to critically assess whether there is reason to consider restricting these actions. It concludes that trade secret litigation on the whole does not inappropriately impinge on speech rights. Even if certain cases come closer to offending defendants' free speech rights, these occasions and the concerns they raise are not unique to …
A Comprehensive Approach To Bridging The Gap Between Cyberbullying Rules And Regulations And The Protections Offered By The First Amendment For Off-Campus Student Speech, Vahagn Amirian
Vahagn Amirian
No abstract provided.
What Is The Meaning Of Like: The First Amendment Implications Of Social-Media Expression, Ira P. Robbins
What Is The Meaning Of Like: The First Amendment Implications Of Social-Media Expression, Ira P. Robbins
Ira P. Robbins
Obscenity, Internet, Free Press And Free Speech - Constitutions Of India And The United States, Khagesh Gautam Prof.
Obscenity, Internet, Free Press And Free Speech - Constitutions Of India And The United States, Khagesh Gautam Prof.
Khagesh Gautam
No abstract provided.
The First Amendment And The Legal Profession: Is Silence Golden?, Jan L. Jacobowitz Ms.
The First Amendment And The Legal Profession: Is Silence Golden?, Jan L. Jacobowitz Ms.
Jan L Jacobowitz
No abstract provided.
The First Amendment And The Legal Profession: Is Silence Golden?, Jan L. Jacobowitz Ms.
The First Amendment And The Legal Profession: Is Silence Golden?, Jan L. Jacobowitz Ms.
Jan L Jacobowitz
No abstract provided.
Wrestling With God: The Courts' Tortuous Treatment Of Religion, Patrick Garry
Wrestling With God: The Courts' Tortuous Treatment Of Religion, Patrick Garry
Patrick M. Garry
The relationship between church and state is both controversial and unsettled. For decades, the courts have vacillated dramatically in their rulings on when a particular governmental accommodation rises to the level of an impermissible state establishment of religion. Without a comprehensive theory of the First Amendment establishment clause, religion cases have devolved into a jurisprudence of minutiae. Seemingly insignificant occurrences, such as a student reading a religious story or a teacher wearing a cross on a necklace, have led to years of litigation. And because of the constant threat of judicial intrusion, a pervasive social anxiety exists about the presence …