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Full-Text Articles in Law

Legal Scholars Weigh In On The Lasting Significance Of Dominion V. Fox, Samantha Barbas, Martin Garbus, Lyrissa Lidsky, Timothy Zick, Sandra Baron Apr 2023

Legal Scholars Weigh In On The Lasting Significance Of Dominion V. Fox, Samantha Barbas, Martin Garbus, Lyrissa Lidsky, Timothy Zick, Sandra Baron

Popular Media

No abstract provided.


First Amendment Scholar Timothy Zick Dismantles Trump V. Cnn Lawsuit, Timothy Zick Oct 2022

First Amendment Scholar Timothy Zick Dismantles Trump V. Cnn Lawsuit, Timothy Zick

Popular Media

Former President Donald Trump filed a $475 million defamation lawsuit against CNN arguing the network has maligned him with “fake news” for the purposes of damaging his political future heading into 2024.

The complaint filed Oct. 3 stated, “CNN has sought to use its massive influence – purportedly as a ‘trusted’ news source – to defame the Plaintiff in the minds of its viewers and readers for the purpose of defeating him politically, culminating in CNN claiming credit for ‘[getting] Trump out’ in the 2020 presidential election.”

First Amendment Watch asked First Amendment scholar Timothy Zick to annotate the 29-page …


Consider Freedom Of Speech: Perspectives On How To Hold Difficult Conversations With Respect, Vivian E. Hamilton, Andrew D. Stelljes Oct 2022

Consider Freedom Of Speech: Perspectives On How To Hold Difficult Conversations With Respect, Vivian E. Hamilton, Andrew D. Stelljes

Popular Media

No abstract provided.


What Does The Alex Jones Case Mean For The First Amendment And Disinformation? Leading Scholars, Lawyers Provide Analysis, George Freeman, Lyrissa Barnett Lidsky, Lynn Oberlander, Timothy Zick Aug 2022

What Does The Alex Jones Case Mean For The First Amendment And Disinformation? Leading Scholars, Lawyers Provide Analysis, George Freeman, Lyrissa Barnett Lidsky, Lynn Oberlander, Timothy Zick

Popular Media

No abstract provided.


Seditious Conspiracy Charge Against Oath Keepers Founder And Others In Jan. 6 Riot Faces First Amendment Hurdle, Timothy Zick Jan 2022

Seditious Conspiracy Charge Against Oath Keepers Founder And Others In Jan. 6 Riot Faces First Amendment Hurdle, Timothy Zick

Popular Media

No abstract provided.


The Second Amendment Has Become A Threat To The First, Diana Palmer, Timothy Zick Oct 2021

The Second Amendment Has Become A Threat To The First, Diana Palmer, Timothy Zick

Popular Media

No abstract provided.


The Costs Of Dissent: Protest And Civil Liabilities, Timothy Zick Mar 2021

The Costs Of Dissent: Protest And Civil Liabilities, Timothy Zick

Faculty Publications

This Article examines the civil costs and liabilities that apply to individuals who organize, participate in, and support protest activities. Costs ranging from permit fees to punitive damages significantly affect First Amendment speech, assembly, and petition rights. A variety of common law and statutory civil claims also apply to protest activities. Plaintiffs have recently filed a number of new civil actions negatively affecting protest, including "negligent protest," "aiding and abetting defamation," "riot boosting," "conspiracy to protest," and "tortious petitioning." The labels are suggestive of the threats these suits pose to First Amendment rights. All of these costs and liabilities add …


Protesting In America, Timothy Zick Jan 2021

Protesting In America, Timothy Zick

Popular Media

No abstract provided.


Brief Of Amici Curiae Professors Katherine Mims Crocker And Brandon Hasbrouck In Support Of Neither Party With Respect To Defendant's Motion To Dismiss, Katherine Mims Crocker, Brandon Hasbrouk Dec 2020

Brief Of Amici Curiae Professors Katherine Mims Crocker And Brandon Hasbrouck In Support Of Neither Party With Respect To Defendant's Motion To Dismiss, Katherine Mims Crocker, Brandon Hasbrouk

Briefs

No abstract provided.


Brief Of First Amendment Scholars As Amici Curiae In Support Of Petitioner, Tabatha Abu El-Haj, Timothy Zick, Hyland Hunt Apr 2020

Brief Of First Amendment Scholars As Amici Curiae In Support Of Petitioner, Tabatha Abu El-Haj, Timothy Zick, Hyland Hunt

Briefs

No abstract provided.


First Amendment Lochnerism & The Origins Of The Incorporation Doctrine, James Y. Stern Jan 2020

First Amendment Lochnerism & The Origins Of The Incorporation Doctrine, James Y. Stern

Faculty Publications

The 20th century emergence of the incorporation doctrine is regarded as a critical development in constitutional law, but while issues related to the doctrine's justification have been studied and debated for more than fifty years, the causes and mechanics of its advent have received relatively little academic attention. This Essay, part of a symposium on Judge Jeffrey Sutton's recent book about state constitutional law, examines the doctrinal origins of incorporation, in an effort to help uncover why the incorporation doctrine emerged when it did and the way it did. It concludes that, for these purposes, incorporation is best understood as …


Free Speech Idealism, Timothy Zick Jan 2020

Free Speech Idealism, Timothy Zick

Faculty Publications

No abstract provided.


The Constitutional Case For "Red Flag" Laws, Timothy Zick Dec 2019

The Constitutional Case For "Red Flag" Laws, Timothy Zick

Popular Media

No abstract provided.


Trust And Retaliation: The First Amendment And Trump’S Taxes, Timothy Zick Jul 2019

Trust And Retaliation: The First Amendment And Trump’S Taxes, Timothy Zick

Popular Media

No abstract provided.


Section 1: Moot Court: Nieves, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2018

Section 1: Moot Court: Nieves, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


President Trump: Challenging Core First Amendment Principles, Timothy Zick Aug 2018

President Trump: Challenging Core First Amendment Principles, Timothy Zick

Popular Media

No abstract provided.


The First Amendment, The Second Amendment, And 3d Firearms, Timothy Zick Aug 2018

The First Amendment, The Second Amendment, And 3d Firearms, Timothy Zick

Popular Media

No abstract provided.


What Trump Misses About Free Speech, Timothy Zick Sep 2017

What Trump Misses About Free Speech, Timothy Zick

Popular Media

No abstract provided.


Rights Dynamism, Timothy Zick May 2017

Rights Dynamism, Timothy Zick

Faculty Publications

No abstract provided.


Why You Should Doubt Reports That The First Amendment Would Protect Gen. Flynn From Prosecution Under The Logan Act, Timothy Zick Feb 2017

Why You Should Doubt Reports That The First Amendment Would Protect Gen. Flynn From Prosecution Under The Logan Act, Timothy Zick

Popular Media

No abstract provided.


The First Amendment And The World, Timothy Zick Jan 2016

The First Amendment And The World, Timothy Zick

Popular Media

No abstract provided.


First Amendment Cosmopolitanism, Skepticism, And Democracy, Timothy Zick Jul 2015

First Amendment Cosmopolitanism, Skepticism, And Democracy, Timothy Zick

Faculty Publications

This is a response to Professor Ronald J. Krotoszynski, Jr.’s review of my book, The Cosmopolitan First Amendment: Protecting Transborder Expressive and Religious Liberties (Cambridge University Press, 2014). The response explains the basic principles of First Amendment cosmopolitanism and highlights the importance of the First Amendment’s transborder dimension. It also responds to skeptical and critical reactions to some of the book’s arguments. Finally, the response elaborates on First Amendment cosmopolitanism’s relationship to democratic values.


Rights Speech, Timothy Zick Nov 2014

Rights Speech, Timothy Zick

Faculty Publications

Freedom of expression has a complex and dynamic relationship with a number of other constitutional rights, including abortion, the right to bear arms, equal protection, the franchise, and religious liberty. This Article discusses one aspect of that relationship. It critically analyzes the regulation of "rights speech" - communications about or concerning the recognition, scope, or exercise of constitutional rights. As illustrative examples, the Article focuses on regulation of speech about abortion and the Second Amendment right to bear arms. Governments frequently manage, structure, and limit how individuals discuss constitutional rights. For example, laws and regulations compel physicians to convey information …


Stop This Insanity, Inc., Et Al., Petitioners, V. Federal Election Commission, Respondent: Petition For A Writ Of Certiorari, Patricia E. Roberts, Tillman J. Breckenridge, Dan Backer Sep 2014

Stop This Insanity, Inc., Et Al., Petitioners, V. Federal Election Commission, Respondent: Petition For A Writ Of Certiorari, Patricia E. Roberts, Tillman J. Breckenridge, Dan Backer

Appellate and Supreme Court Clinic

No abstract provided.


Section 5: First Amendment, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2014

Section 5: First Amendment, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 5: First Amendment & Separation Of Powers, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2013

Section 5: First Amendment & Separation Of Powers, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Section 1: Moot Court: Town Of Greece V. Galloway, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2013

Section 1: Moot Court: Town Of Greece V. Galloway, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Gary Wall, Plaintiff-Appellant V. James Wade, Et Al., Defendants-Appellees: Reply Brief Of Appellant, Tillman J. Breckenridge, Robert M. Luck Iii, Patricia E. Roberts Jun 2013

Gary Wall, Plaintiff-Appellant V. James Wade, Et Al., Defendants-Appellees: Reply Brief Of Appellant, Tillman J. Breckenridge, Robert M. Luck Iii, Patricia E. Roberts

Appellate and Supreme Court Clinic

No abstract provided.


Stop This Insanity, Inc., Et Al., Appellants, V. Federal Election Commission, Appellee: Reply Brief Of Appellants, Dan Backer, Patricia E. Roberts, Tillman J. Breckenridge, Tara A. Brennan Jun 2013

Stop This Insanity, Inc., Et Al., Appellants, V. Federal Election Commission, Appellee: Reply Brief Of Appellants, Dan Backer, Patricia E. Roberts, Tillman J. Breckenridge, Tara A. Brennan

Appellate and Supreme Court Clinic

No abstract provided.


Gary Wall, Plaintiff-Appellant V. James Wade, Et Al., Defendants-Appellees: Brief Of Appellant, Tillman J. Breckenridge, Robert M. Luck Iii, Patricia E. Roberts May 2013

Gary Wall, Plaintiff-Appellant V. James Wade, Et Al., Defendants-Appellees: Brief Of Appellant, Tillman J. Breckenridge, Robert M. Luck Iii, Patricia E. Roberts

Appellate and Supreme Court Clinic

No abstract provided.