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Articles 1 - 7 of 7
Full-Text Articles in Law
The Sanctity Of Polling Places, Timothy Zick
The Emerging First Amendment Law Of Managerial Prerogative, Lawrence Rosenthal
The Emerging First Amendment Law Of Managerial Prerogative, Lawrence Rosenthal
Lawrence Rosenthal
In Garcetti v. Ceballos, the Supreme Court, by the narrowest of margins, held that allegations of police perjury made in memoranda to his superiors by Richard Ceballos, a supervisory prosecutor in the Los Angeles County District Attorney’s office, were unprotected by the First Amendment because “his expressions were made pursuant to his duties. . . .” The academic reaction to this holding has been harshly negative; scholars argue that the holding will prevent the public from learning of governmental misconduct that is known only to those working within the bowels of the government itself.
This article rejects the scholarly consensus …
Pole Dancing: The New Pilates?, Timothy Zick
Free Speech And Human Dignity, Steven J. Heyman
Free Speech And Human Dignity, Steven J. Heyman
All Faculty Scholarship
No abstract provided.
Digitus Impudicus: The Middle Finger And The Law, Ira Robbins
Digitus Impudicus: The Middle Finger And The Law, Ira Robbins
Articles in Law Reviews & Other Academic Journals
The middle finger is one of the most commonly used insulting gestures in the United States. The finger, which is used to convey a wide range of emotions, is visible on streets and highways, in schools, shopping malls, and sporting events, in courts and execution chambers, in advertisements and on magazine covers, and even on the hallowed floor of the United States Senate. Despite its ubiquity, however, as a number of recent cases demonstrate, those who use the middle finger in public run the risk of being stopped, arrested, prosecuted, fined, and even incarcerated under disorderly conduct or breach of …
Digitus Impudicus: The Middle Finger And The Law, Ira P. Robbins
Digitus Impudicus: The Middle Finger And The Law, Ira P. Robbins
Ira P. Robbins
Free Speech And The Case For Constitutional Exceptionalism, Roger P. Alford
Free Speech And The Case For Constitutional Exceptionalism, Roger P. Alford
Journal Articles
Embodied in the Universal Declaration of Human Rights is the evocative proposition that [e]veryone has the right to freedom of opinion and expression. But beneath that level of abstraction there is anything but universal agreement. Modern democratic societies disagree on the text, content, theory, and practice of this liberty. They disagree on whether it is a privileged right or a subordinate value. They disagree on what constitutes speech and which speech is worthy of protection. They disagree on theoretical foundations, uncertain if the right is grounded in libertarian impulses, the promotion of a marketplace of ideas, or the advancement of …