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2009

First Amendment

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Full-Text Articles in Law

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 Dec 2009

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 Dec 2009

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 Dec 2009

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.


Understanding The Lobbying Efforts Of A Church: How Far Is Too Far?, Chase Manderino Nov 2009

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 Nov 2009

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 Oct 2009

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 …


The New New Secularism And The End Of The Law Of Separation Of Church And State, Bruce Ledewitz Sep 2009

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.


Contents, First Amendment Law Review Sep 2009

Contents, First Amendment Law Review

First Amendment Law Review

No abstract provided.


Qualified Immunity And The Trials And Tribulations Of Online Student Speech: A Review Of Cases And Controversies From 2009, Clay Calvert Sep 2009

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.


Kiddie Crime - The Utility Of Criminal Law In Controlling Cyberbullying, Susan W. Brenner, Megan Rehberg Sep 2009

Kiddie Crime - The Utility Of Criminal Law In Controlling Cyberbullying, Susan W. Brenner, Megan Rehberg

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 Sep 2009

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 Sep 2009

By Any Means Necessary - The Fcc's Implementation Of Net Neutrality, Dawn C. Nunziato

First Amendment 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 Sep 2009

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.


Speech Regulation: Why An Injunction Should Be Permissible Under Workplace Discrimination But Is Problematic Under Defamation, Sarah Shyr Sep 2009

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.


A Teacher's Right To Remain Silent: Reasonable Accommodation Of Negative Speech Rights In The Classroom , Matthew Baker Sep 2009

A Teacher's Right To Remain Silent: Reasonable Accommodation Of Negative Speech Rights In The Classroom , Matthew Baker

BYU Law Review

No abstract provided.


Media Subpoenas: Impact, Perception, And Legal Protection In The Changing World Of American Journalism, Ronnell Andersen Jones Aug 2009

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 …


First Amendment, Second Fiddle? Free Speech In New Hampshire‘S Constitution, Adam Rick Jun 2009

First Amendment, Second Fiddle? Free Speech In New Hampshire‘S Constitution, Adam Rick

The University of New Hampshire Law Review

[Excerpt] “A car dealer in Concord, New Hampshire recently challenged the city zoning board‘s denial of its application to replace its existing readerboard (with manually changeable letters) with an electronic sign. The dealer argued that the city‘s zoning ordinance, prohibiting “[s]igns which move or create an illusion of movement except those parts which solely indicate date, time, or temperature,” constituted an unconstitutional restriction on free speech under the First Amendment. The trial court agreed, but the New Hampshire Supreme Court reversed, applying the Central Hudson test and finding that the ordinance reached no “broader than necessary to meet and advance …


Restraining False Light: Constitutional And Common Law Limits On A "Troublesome Tort", James B. Lake Jun 2009

Restraining False Light: Constitutional And Common Law Limits On A "Troublesome Tort", James B. Lake

Federal Communications Law Journal

The defamation tort is the common law's established remedy for false speech that causes reputational and emotional injury. That tort is subject to intricate constitutional, legislative, and common law rules that have evolved over decades. The false light invasion of privacy tort also provides a potential cause of action in response to injurious falsehood. False light, however, has been subject to much less judicial and legislative scrutiny than defamation. As a result, courts often are uncertain about the proper limits on false light and, in some cases, have countenanced false light claims that would have failed if filed as defamation …


Finding A Place For Embedded Advertising Without Eroding The First Amendment: An Analysis Of The Blurring Line Between Verisimilar Programming And Commercial Speech, Jacob J. Strain May 2009

Finding A Place For Embedded Advertising Without Eroding The First Amendment: An Analysis Of The Blurring Line Between Verisimilar Programming And Commercial Speech, Jacob J. Strain

Brigham Young University Journal of Public Law

No abstract provided.


Zero-Sum Judicial Elections: Balancing Free Speech And Impartiality Through Recusal Reform, David K. Stott May 2009

Zero-Sum Judicial Elections: Balancing Free Speech And Impartiality Through Recusal Reform, David K. Stott

BYU Law Review

No abstract provided.


Guns And Speech Technologies: How The Right To Bear Arms Affects Copyright Regulations Of Speech Technologies, Edward Lee May 2009

Guns And Speech Technologies: How The Right To Bear Arms Affects Copyright Regulations Of Speech Technologies, Edward Lee

William & Mary Bill of Rights Journal

This Article examines the possible effect the Supreme Court's landmark Second Amendment ruling in District of Columbia v. Heller will have on future cases brought under the Free Press Clause.' Based on the text and history of the Constitution, the connection between the two Clauses is undeniable, as the Heller Court itself repeatedly suggested. Only two provisions in the entire Constitution protect individual rights to a technology: the Second Amendment's right to bear "arms" and the Free Press Clause's right to the freedom of the "press," meaning the printing press. Both rights were viewed, moreover, as pre-existing, natural rights to …


Conditions On Taking The Initiative: The First Amendment Implications Of Subject Matter Restrictions On Ballot Initiatives, Anna Skiba-Crafts May 2009

Conditions On Taking The Initiative: The First Amendment Implications Of Subject Matter Restrictions On Ballot Initiatives, Anna Skiba-Crafts

Michigan Law Review

Nearly half of U.S. states offer a ballot initiative process that citizens may use to pass legislation or constitutional amendments by a popular vote. Some states, however, impose substantive restrictions on the types of initiatives citizens may submit to the ballot for a vote-precluding, for example, initiatives lowering drug penalties or initiatives related to religion. Circuit courts are split on whether and how such restrictions implicate the First Amendment. This Note argues that-rather than limiting "expressive conduct" protected only minimally by the First Amendment, or limiting pure conduct that does not garner any First Amendment protectionsubject matter restrictions on ballot …


The Egalitarian First Amendment: Its History And A Critique On The Grounds Of Text, Rights, Negative Liberty, And Our Republican Constitutional Structure, Zachary C. Larsen Apr 2009

The Egalitarian First Amendment: Its History And A Critique On The Grounds Of Text, Rights, Negative Liberty, And Our Republican Constitutional Structure, Zachary C. Larsen

North Carolina Central Law Review

No abstract provided.


Free Speech & (And) Election Law: Freedom Of Speech Vs. Anti-Discrimination Laws, David Bernstein, Andrew Koppelman, Kenneth L. Marcus, Eugene Volokh Apr 2009

Free Speech & (And) Election Law: Freedom Of Speech Vs. Anti-Discrimination Laws, David Bernstein, Andrew Koppelman, Kenneth L. Marcus, Eugene Volokh

North Carolina Central Law Review

No abstract provided.


A New Battleground For Free Speech: The Impact Of Snyder V. Phelps, Jason M. Dorsky Apr 2009

A New Battleground For Free Speech: The Impact Of Snyder V. Phelps, Jason M. Dorsky

The University of New Hampshire Law Review

[Excerpt] “On September 25, 1789, the First Congress of the United States put forth a set of constitutional amendments, ten of which would later become the Bill of Rights. The first of these amendments states, ―Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech . . . . In subsequent caselaw, the U.S. Supreme Court has applied this prohibition to the federal government, as well as state governments through the Fourteenth Amendment. Although this appears to be a simple standard to follow, history has proven otherwise, and …


The Life Of The Mind And A Life Of Meaning: Reflections On Fahrenheit 451, Rodney A. Smolla Apr 2009

The Life Of The Mind And A Life Of Meaning: Reflections On Fahrenheit 451, Rodney A. Smolla

Michigan Law Review

Fahrenheit 451 still speaks to us, vibrantly and passionately, still haunts and vexes and disturbs. The novel has sold millions of copies, was reset for a fiftieth anniversary printing, and continues to be assigned reading in middle school, high school, and college courses. That power to endure is well worth contemplation, both for what it says about Ray Bradbury's literary imagination, and, more powerfully, for what it teaches us about our recent past, our present, and our own imagined future. First Amendment jurisprudence has taken giant leaps since Fahrenheit 451 was written, and American society has managed to avoid the …


Establishing Inequality, Gene R. Nichol Apr 2009

Establishing Inequality, Gene R. Nichol

Michigan Law Review

Part I outlines Nussbaum's thesis and her similarly interesting, if perhaps not always completely consistent, applications of it. Part II touches on some challenges and potential shortcomings her theory presents-for clearly there are such. But, in Part III, I argue that her wide-ranging study of the work of the religion clauses nonetheless touches something residing at the core of American citizenship. No bosses. No masters. No insiders. None outcast. Finally, and far more idiosyncratically, in Part IV I explore and expand on Nussbaum's thesis in light of a modestly serious and rather public dispute over religious equality that occurred at …


Rationing The Infinite, Leonard M. Niehoff Apr 2009

Rationing The Infinite, Leonard M. Niehoff

Michigan Law Review

This Review raises a number of objections to Baker's arguments and proposals. Furthermore, this Review raises the fundamental question of whether Baker's central operating assumption-that media is a scarce resource that should be fairly distributed-remains timely in light of the far-reaching and fast-paced changes wrought by the internet. Nevertheless, this Review also recognizes that, as with Baker's prior works, Media Concentration and Democracy makes a serious contribution to the discussion of the political, social, and economic dynamics that challenge the existence of a strong and independent media. Media Concentration and Democracy does a better job of raising questions than of …


Student Speech In Public Schools: A Comprehensive Analytical Framework Based On The Role Of Public Schools In Democratic Education, Curtis G. Bentley Mar 2009

Student Speech In Public Schools: A Comprehensive Analytical Framework Based On The Role Of Public Schools In Democratic Education, Curtis G. Bentley

Brigham Young University Education and Law Journal

No abstract provided.


Contents, First Amendment Law Review Mar 2009

Contents, First Amendment Law Review

First Amendment Law Review

No abstract provided.