Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- William & Mary Law School (21)
- University of North Carolina School of Law (15)
- University of Maryland Francis King Carey School of Law (14)
- University of Michigan Law School (7)
- Brigham Young University Law School (6)
-
- UIC School of Law (6)
- Selected Works (5)
- Vanderbilt University Law School (5)
- Cleveland State University (4)
- Cornell University Law School (4)
- Notre Dame Law School (4)
- American University Washington College of Law (3)
- Chicago-Kent College of Law (3)
- University of Baltimore Law (3)
- University of Colorado Law School (3)
- University of Pennsylvania Carey Law School (3)
- University of Richmond (3)
- Washington and Lee University School of Law (3)
- Duke Law (2)
- Maurer School of Law: Indiana University (2)
- New York Law School (2)
- North Carolina Central University School of Law (2)
- University at Buffalo School of Law (2)
- University of Florida Levin College of Law (2)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (2)
- University of New Hampshire (2)
- Barry University School of Law (1)
- Campbell University School of Law (1)
- Fordham Law School (1)
- Northwestern Pritzker School of Law (1)
- Keyword
-
- First Amendment (25)
- United States Constitution 1st Amendment (19)
- First amendment (17)
- Freedom of Speech (12)
- Freedom of speech (12)
-
- Religion (7)
- Establishment Clause (6)
- Internet (5)
- Constitutional law (4)
- Free exercise of religion (4)
- Free speech (4)
- Church and State (3)
- Equal Protection (3)
- Establishment clause (3)
- Free Exercise Clause (3)
- Freedom of Religion (3)
- Government speech (3)
- Regulation (3)
- Religious freedom (3)
- Campaign speech (2)
- Censorship (2)
- Constitutional Law (2)
- Copyright Law (2)
- Democracy (2)
- Federalism (2)
- Freedom of association (2)
- Freedom of religion (2)
- Freedom of the press (2)
- Gender (2)
- Judicial review (2)
- Publication
-
- First Amendment Law Review (15)
- Popular Media (11)
- Maryland Law Review (10)
- William & Mary Bill of Rights Journal (6)
- Faculty Publications (5)
-
- Journal Articles (5)
- Michigan Law Review (5)
- UIC Law Review (5)
- Vanderbilt Journal of Entertainment & Technology Law (5)
- All Faculty Scholarship (4)
- Cleveland State Law Review (4)
- Cornell Law Faculty Publications (4)
- David S. Bogen (4)
- Faculty Scholarship (4)
- University of Maryland Law Journal of Race, Religion, Gender and Class (4)
- Articles in Law Reviews & Other Academic Journals (3)
- BYU Law Review (3)
- Faculty Scholarship at Penn Carey Law (3)
- Publications (3)
- Chicago-Kent Law Review (2)
- Federal Communications Law Journal (2)
- North Carolina Central Law Review (2)
- Scholarly Articles (2)
- The University of New Hampshire Law Review (2)
- UF Law Faculty Publications (2)
- Washington and Lee Journal of Civil Rights and Social Justice (2)
- American Indian Law Review (1)
- Articles (1)
- Articles & Chapters (1)
- Barry Law Review (1)
- Publication Type
Articles 1 - 30 of 143
Full-Text Articles in Law
The Pornographic Secondary Effects Doctrine, John Fee
The Pornographic Secondary Effects Doctrine, John Fee
Faculty Scholarship
No abstract provided.
Free Speech & Tainted Justice: Restoring The Public's Confidence In The Judiciary In The Wake Of Republican Party Of Minnesota V. White, Gregory W. Jones
Free Speech & Tainted Justice: Restoring The Public's Confidence In The Judiciary In The Wake Of Republican Party Of Minnesota V. White, Gregory W. Jones
Chicago-Kent Law Review
The United States Supreme Court's 2002 decision in Republican Party of Minnesota v. White was the first shot fired in an ongoing battle over judicial campaign ethics. The White decision invalidated a Minnesota Canon of Judicial Conduct prohibiting judicial candidates from announcing their views on disputed legal or political topics. Subsequent to White, numerous states have faced challenges to their judicial canons of conduct by groups advocating for an increased breadth of permissible speech in judicial campaigns. While White and its progeny have safeguarded the first amendment rights of judicial candidates, significant concerns have been raised regarding how best to …
Separating Church And State: Transfers Of Government Land As Cures For Establishment Clause Violations, Paul Forster
Separating Church And State: Transfers Of Government Land As Cures For Establishment Clause Violations, Paul Forster
Chicago-Kent Law Review
The note examines one of the issues currently before the Supreme Court in Salazar v. Buono, the case concerning a Latin cross war memorial in the Mojave desert. The issue is whether the government may, by transferring land to private parties, cure Establishment Clause violations caused by permanent displays that contain religious imagery. The article surveys the Court's Establishment Clause jurisprudence as it applies to permanent displays, discussing the sometimes-used and sometimes-ignored Lemon-endorsement standard and the potential shift to a coercion standard. It concludes by arguing that even under the Lemon-endorsement standard, courts should often allow the …
The Bapcpa, The Gag Rule, And The First Amendment: A Proposal For Alignment Through Interpretive And Analytical Change, Cullen Ann Drescher
The Bapcpa, The Gag Rule, And The First Amendment: A Proposal For Alignment Through Interpretive And Analytical Change, Cullen Ann Drescher
William & Mary Bill of Rights Journal
No abstract provided.
Taking My Leave, Timothy Zick
Flipping The Bird, Timothy Zick
Foreign Contacts And The First Amendment, Timothy Zick
Foreign Contacts And The First Amendment, Timothy Zick
Popular Media
No abstract provided.
Objecting In The Open: Why Occupy Wall Street Chose Public Spaces, Timothy Zick
Objecting In The Open: Why Occupy Wall Street Chose Public Spaces, Timothy Zick
Popular Media
No abstract provided.
Fifth Avenue Freeze-Out, Timothy Zick
Free Speech And Civil Liability, Timothy Zick
Cross-Border Speech Conflicts, Timothy Zick
Property As/And Constitutional Settlement, Timothy Zick
Property As/And Constitutional Settlement, Timothy Zick
Popular Media
No abstract provided.
Free Speech And The Furrier, Timothy Zick
Buffers, Bubbles, And Abortion Speech, Timothy Zick
Buffers, Bubbles, And Abortion Speech, Timothy Zick
Popular Media
No abstract provided.
Speech And The Identity Crisis, Timothy Zick
Condemning Religion: Rluipa And The Politics Of Eminent Domain, Christopher Serkin, Nelson Tebbe
Condemning Religion: Rluipa And The Politics Of Eminent Domain, Christopher Serkin, Nelson Tebbe
Cornell Law Faculty Publications
Should religious landowners enjoy special protection from eminent domain? A recent federal statute, the Religious Land Use and Institutionalized Persons Act (RLUIPA), compels courts to apply a compelling interest test to zoning and landmarking regulations that substantially burden religiously owned property. That provision has been controversial in itself, but today a new cutting-edge issue is emerging: whether the Act’s extraordinary protection should extend to condemnation as well. The matter has taken on added significance in the wake of Kelo, where the Supreme Court reaffirmed its expansive view of the eminent domain power. In this Article, we argue that RLUIPA should …
Understanding The Lobbying Efforts Of A Church: How Far Is Too Far?, Chase Manderino
Understanding The Lobbying Efforts Of A Church: How Far Is Too Far?, Chase Manderino
BYU Law Review
No abstract provided.
Free Speech Federalism, Adam Winkler
Free Speech Federalism, Adam Winkler
Michigan Law Review
For decades, constitutional doctrine has held that the Constitution's guarantee of freedom of speech applies equally to laws adopted by the federal, state, and local governments. Nevertheless, the identity of the government actor behind a law may be a significant, if unrecognized, factor in free speech cases. This Article reports the results of a comprehensive study of core free speech cases decided by the federal courts over a 14-year period. The study finds that speech-restrictive laws adopted by the federal government are far more likely to be upheld than similar laws adopted by state and local governments. Courts applying strict …
Must God Be Dead Or Irrelevant: Drawing A Circle That Lets Me In, Richard M. Esenberg
Must God Be Dead Or Irrelevant: Drawing A Circle That Lets Me In, Richard M. Esenberg
William & Mary Bill of Rights Journal
Some scholars claim that current Establishment Clause doctrine can increasingly be explained in terms of substantive neutrality-that is, the idea that government ought to treat religion and irreligion (or comparable secular activities) in the same way. Whether a product of the Court's commitment to the idea or an artifact of the positions of the "swing" Justices, this proposition has considerable explanatory power. The Supreme Court has, in recent years, permitted the government to make financial support equally available for religious uses, as long as it is done on a neutral basis and through the private choice of the recipients. It …
Free Speech And The Myth Of The Internet As An Unintermediated Experience, Christopher S. Yoo
Free Speech And The Myth Of The Internet As An Unintermediated Experience, Christopher S. Yoo
Faculty Scholarship at Penn Carey Law
In recent years, a growing number of commentators have raised concerns that the decisions made by Internet intermediaries — including last-mile network providers, search engines, social networking sites, and smartphones — are inhibiting free speech and have called for restrictions on their ability to prioritize or exclude content. Such calls ignore the fact that when mass communications are involved, intermediation helps end users to protect themselves from unwanted content and allows them to sift through the avalanche of desired content that grows ever larger every day. Intermediation also helps solve a number of classic economic problems associated with the Internet. …
The New New Secularism And The End Of The Law Of Separation Of Church And State, Bruce Ledewitz
The New New Secularism And The End Of The Law Of Separation Of Church And State, Bruce Ledewitz
Buffalo Public Interest Law Journal
No abstract provided.
A Teacher's Right To Remain Silent: Reasonable Accommodation Of Negative Speech Rights In The Classroom , Matthew Baker
A Teacher's Right To Remain Silent: Reasonable Accommodation Of Negative Speech Rights In The Classroom , Matthew Baker
BYU Law Review
No abstract provided.
Sex, Lies, And The Internet: Balancing First Amendment Interests, Reputational Harm, And Privacy In The Age Of Blogs And Social Networking Sites, Robert D. Richards
Sex, Lies, And The Internet: Balancing First Amendment Interests, Reputational Harm, And Privacy In The Age Of Blogs And Social Networking Sites, Robert D. Richards
First Amendment Law Review
No abstract provided.
Contents, First Amendment Law Review
Qualified Immunity And The Trials And Tribulations Of Online Student Speech: A Review Of Cases And Controversies From 2009, Clay Calvert
Qualified Immunity And The Trials And Tribulations Of Online Student Speech: A Review Of Cases And Controversies From 2009, Clay Calvert
First Amendment Law Review
No abstract provided.
Revisiting User Control: The Emergence And Success Of A First Amendment Theory For The Internet Age, John B. Morris Jr., Cynthia M. Wong
Revisiting User Control: The Emergence And Success Of A First Amendment Theory For The Internet Age, John B. Morris Jr., Cynthia M. Wong
First Amendment Law Review
No abstract provided.
By Any Means Necessary - The Fcc's Implementation Of Net Neutrality, Dawn C. Nunziato
By Any Means Necessary - The Fcc's Implementation Of Net Neutrality, Dawn C. Nunziato
First Amendment Law Review
No abstract provided.
Kiddie Crime - The Utility Of Criminal Law In Controlling Cyberbullying, Susan W. Brenner, Megan Rehberg
Kiddie Crime - The Utility Of Criminal Law In Controlling Cyberbullying, Susan W. Brenner, Megan Rehberg
First Amendment Law Review
No abstract provided.
Speech Regulation: Why An Injunction Should Be Permissible Under Workplace Discrimination But Is Problematic Under Defamation, Sarah Shyr
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Media Subpoenas: Impact, Perception, And Legal Protection In The Changing World Of American Journalism, Ronnell Andersen Jones
Media Subpoenas: Impact, Perception, And Legal Protection In The Changing World Of American Journalism, Ronnell Andersen Jones
Washington Law Review
Forty years ago, at a time when the media were experiencing enormous professional change and a surge of subpoena activity, First Amendment scholar Vincent Blasi investigated the perceptions of members of the press and the impact of subpoenas within American newsrooms in a study that quickly came to be regarded as a watershed in media law. That empirical information is now a full generation old, and American journalism faces a new critical moment. The traditional press once again finds itself facing a surge of subpoenas and once again finds itself at a time of intense change—albeit on a different trajectory—as …