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Series

2011

First Amendment

Institution
Keyword
Publication

Articles 1 - 30 of 91

Full-Text Articles in Law

Religion And Race: The Ministerial Exception Reexamined, Ian Bartrum Dec 2011

Religion And Race: The Ministerial Exception Reexamined, Ian Bartrum

NULR Online

No abstract provided.


Religious Freedom, Church–State Separation, And The Ministerial Exception, Thomas C. Berg, Kimberlee Wood Colby, Carl H. Esbeck, Richard W. Garnett Dec 2011

Religious Freedom, Church–State Separation, And The Ministerial Exception, Thomas C. Berg, Kimberlee Wood Colby, Carl H. Esbeck, Richard W. Garnett

NULR Online

No abstract provided.


Brief Of The Intellectual Property Amicus Brief Clinic Of The University Of New Hampshire School Of Law As Amicus Curiae In Support Of Neither Party, Susan M. Richey, John M. Greabe, Keith M. Harrison, J. Jeffrey Hawley Dec 2011

Brief Of The Intellectual Property Amicus Brief Clinic Of The University Of New Hampshire School Of Law As Amicus Curiae In Support Of Neither Party, Susan M. Richey, John M. Greabe, Keith M. Harrison, J. Jeffrey Hawley

Law Faculty Scholarship

Amicus brief filed by the Intellectual Property Amicus Brief Clinic of the University of New Hampshire School of Law with the United States Court Of Appeals For The Ninth Circuit regarding United States v. Xavier Alvarez, Docket No. 11-210


Keep The Poking To Yourself, Mrs. Robinson: The Missouri Facebook Statute And Its Implications For Teacher Free Speech Under The First Amendment, Alex Lehrer Dec 2011

Keep The Poking To Yourself, Mrs. Robinson: The Missouri Facebook Statute And Its Implications For Teacher Free Speech Under The First Amendment, Alex Lehrer

Student Works

No abstract provided.


Social Networks & Political Uprisings, Nima Astyani Dec 2011

Social Networks & Political Uprisings, Nima Astyani

Student Works

No abstract provided.


Collateral Censorship And The Limits Of Intermediary Immunity, Felix T. Wu Nov 2011

Collateral Censorship And The Limits Of Intermediary Immunity, Felix T. Wu

Articles

The law often limits the liability of an intermediary for the speech it carries. And rightly so, because imposing liability on intermediaries can induce them to filter out questionable content and this “collateral censorship” risks suppressing much lawful, even highly beneficial, speech. The “collateral censorship” rationale has its limits, though, and correspondingly, so should the applicability of intermediary immunity. The worry with collateral censorship is not just that intermediaries censor, but that they censor more than an original speaker would in the face of potential liability. Increased censorship, in turn, is the product of applying liability targeted at original speakers …


Censoring The Internet, Timothy Zick Oct 2011

Censoring The Internet, Timothy Zick

Popular Media

No abstract provided.


The Occupation — Place, Balance, And Proximity, Timothy Zick Oct 2011

The Occupation — Place, Balance, And Proximity, Timothy Zick

Popular Media

No abstract provided.


The Power Of Place, Timothy Zick Oct 2011

The Power Of Place, Timothy Zick

Popular Media

No abstract provided.


Stolen Valor Act Discussion, Timothy Zick Oct 2011

Stolen Valor Act Discussion, Timothy Zick

Popular Media

No abstract provided.


Public Protest 1.0, Timothy Zick Oct 2011

Public Protest 1.0, Timothy Zick

Popular Media

No abstract provided.


Taxes, Free Expression, And Adult Entertainment, Steve R. Johnson Oct 2011

Taxes, Free Expression, And Adult Entertainment, Steve R. Johnson

Scholarly Publications

The interaction of morality and money produces interesting results. One manifestation is legislation in some states and proposals in others to impose higher taxes on “gentlemen’s show lounges” (OK, I mean strip clubs) and other venues of adult entertainment.

In 2010 and 2011 two state supreme courts passed on the legality of different forms of those taxes, upholding them against challenges that they infringed on free speech/free expression rights protected by the First Amendment of the U.S. Constitution. This installment of the column considers those two decisions: the February 2010 Utah decision in Bushco v. Utah State Tax Commi …


Trans-Border Exclusion And Execution, Timothy Zick Oct 2011

Trans-Border Exclusion And Execution, Timothy Zick

Popular Media

No abstract provided.


Religious Documents And The Establishment Clause, Brian Sites Oct 2011

Religious Documents And The Establishment Clause, Brian Sites

Faculty Scholarship

A priest, a rabbi, and an imam walk into a contract lawyer's office. Fortunately, this is not the opening of a lawyer joke, but it might well be the prelude to a complicated constitutional question about the interaction of the First Amendment and contract law. Pastors, priests, rabbis, imams, religious schools, churches, religious businesses, and a wealth of faith-based groups all enter into contractual agreements. Not surprisingly, these agreements often contain religious language, and sometimes they even hinge on provisions invoking expressly religious concepts. Religious documents come in a variety of forms, including marriage contracts, disposition of property documents, agreements …


More On The Wall Street Protest, Timothy Zick Sep 2011

More On The Wall Street Protest, Timothy Zick

Popular Media

No abstract provided.


Arab Spring On Wall Street?, Timothy Zick Sep 2011

Arab Spring On Wall Street?, Timothy Zick

Popular Media

No abstract provided.


Cosmopolitanism And First Amendment Exceptionalism, Timothy Zick Sep 2011

Cosmopolitanism And First Amendment Exceptionalism, Timothy Zick

Popular Media

No abstract provided.


Exporting The First Amendment, Timothy Zick Sep 2011

Exporting The First Amendment, Timothy Zick

Popular Media

No abstract provided.


First Amendment Cosmopolitanism, Timothy Zick Sep 2011

First Amendment Cosmopolitanism, Timothy Zick

Popular Media

No abstract provided.


The First Amendment’S Trans-Border Dimension, Timothy Zick Sep 2011

The First Amendment’S Trans-Border Dimension, Timothy Zick

Popular Media

No abstract provided.


New Faces Of The First Amendment: The Philosopher, The Pastor, And The Publisher, Timothy Zick Sep 2011

New Faces Of The First Amendment: The Philosopher, The Pastor, And The Publisher, Timothy Zick

Popular Media

No abstract provided.


The Summer Of Discontent: Creative Repertoires Of Public Protest, Timothy Zick Sep 2011

The Summer Of Discontent: Creative Repertoires Of Public Protest, Timothy Zick

Popular Media

No abstract provided.


The Law Of Reputation And The Interest Of The Audience, Laura A. Heymann Sep 2011

The Law Of Reputation And The Interest Of The Audience, Laura A. Heymann

Faculty Publications

Although an individual has control over many of the statements, acts, and other biographical data points that are used to construct her reputation, she does not ultimately have control over the result of that reputational assessment, the pronouncement of which is a task reserved to others. Reputation is fundamentally a social concept; it does not exist until a community collectively forms a judgment about an individual or firm that has the potential to guide the community’s future interactions. Despite reputation’s relational nature, discussions of the law’s interest in reputation tend to focus on one of two parties: the individual or …


Section 4: First Amendment, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2011

Section 4: First Amendment, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Front Matters - Vol. 11, No. 1, Connecticut Public Interest Law Journal Sep 2011

Front Matters - Vol. 11, No. 1, Connecticut Public Interest Law Journal

Connecticut Public Interest Law Journal

No abstract provided.


Government Sponsored Social Media And Public Forum Doctrine Under The First Amendment: Perils And Pitfalls, Lyrissa Lidsky Jul 2011

Government Sponsored Social Media And Public Forum Doctrine Under The First Amendment: Perils And Pitfalls, Lyrissa Lidsky

Faculty Publications

Between the extremes of no interactivity and complete interactivity, it is difficult to predict whether courts will label a government sponsored social media site a public forum or not. But it is precisely "in between" where government actors are likely to wish to engage citizens and where citizens are most likely to benefit from government social media initiatives. The goal of this article, therefore, is to provide guidance to lawyers trying to navigate the morass that is the U.S. Supreme Court's public forum jurisprudence in order to advise government actors wishing to establish social media forums.


Government Sponsored Social Media And Public Forum Doctrine Under The First Amendment: Perils And Pitfalls, Lyrissa Barnett Lidsky Jul 2011

Government Sponsored Social Media And Public Forum Doctrine Under The First Amendment: Perils And Pitfalls, Lyrissa Barnett Lidsky

UF Law Faculty Publications

The goal of this article is to provide guidance to lawyers trying to navigate the morass that is the U.S. Supreme Court’s public forum jurisprudence in order to advise government actors wishing to establish social media forums.


The First Amendment In Trans-Border Perspective: Toward A More Cosmopolitan Orientation, Timothy Zick May 2011

The First Amendment In Trans-Border Perspective: Toward A More Cosmopolitan Orientation, Timothy Zick

Faculty Publications

This Article examines the First Amendment’s critical trans-border dimension—its application to speech, association, press, and religious activities that cross or occur beyond territorial borders. Judicial and scholarly analysis of this aspect of the First Amendment has been limited, at least as compared to consideration of more domestic or purely local concerns. This Article identifies two basic orientations with respect to the First Amendment—the provincial and the cosmopolitan. The provincial orientation, which is the traditional account, generally views the First Amendment rather narrowly—i.e., as a collection of local liberties or a set of limitations on domestic governance. First Amendment provincialism does …


Smith In Theory And Practice, Nelson Tebbe May 2011

Smith In Theory And Practice, Nelson Tebbe

Cornell Law Faculty Publications

Employment Division v. Smith controversially held that general laws that were neutral toward religion would no longer be presumptively invalid, regardless of how much they incidentally burdened religious practices. That decision sparked a debate that continues today, twenty years later. This symposium Essay explores the argument that subsequent courts have in fact been less constrained by the principal rule of Smith than advocates on both sides of the controversy usually assume. Lower courts administering real world disputes often find they have all the room they need to grant relief from general laws, given exceptions written into the decision itself and …


Odious Discrimination And The Religious Exemption Question, Laura S. Underkuffler May 2011

Odious Discrimination And The Religious Exemption Question, Laura S. Underkuffler

Cornell Law Faculty Publications

Recently, claims have been asserted that religious exemptions should be afforded to individuals who object to providing public and commercial services to gay and lesbian individuals, as otherwise mandated by law (e.g., municipal clerks who must grant same-sex marriage licenses, or commercial vendors who are asked to serve at same-sex weddings). This article argues that just as religious exemptions of this sort are not granted for discrimination on the basis of race, religion, national origin, or gender, they should not be granted for discrimination on the basis of sexual orientation or transgender status. Discrimination on the basis of an individual's …