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Articles 1 - 8 of 8
Full-Text Articles in Law
Myspace, Yourspace, But Not Theirspace: The Constitutionality Of Banning Sex Offenders From Social Networking Sites, Jasmine S. Wynton
Myspace, Yourspace, But Not Theirspace: The Constitutionality Of Banning Sex Offenders From Social Networking Sites, Jasmine S. Wynton
Duke Law Journal
In recent years there has been intense public pressure to enact increasingly restrictive and intrusive sex offender laws. The regulation of sex offenders has now moved online, where a growing amount of protected expression and activity occurs. The latest trend in sex offender policy has been the passage of state laws prohibiting sex offenders from visiting social networking sites, such as Myspace or Facebook. The use of these websites implicates the First Amendment right of expressive association. Broad social-networking-site bans threaten the First Amendment expressive association rights of sex offenders, who do not lose all of their constitutional rights by …
Transmitting, Editing, And Communicating: Determining What “The Freedom Of Speech” Encompasses, Stuart Minor Benjamin
Transmitting, Editing, And Communicating: Determining What “The Freedom Of Speech” Encompasses, Stuart Minor Benjamin
Duke Law Journal
How much can one say with confidence about what constitutes "the freedom of speech" that Congress shall not abridge? In this Article, I address that question in the context of the transmission of speech specifically, the regulation of Internet access known as net neutrality. This question has implications both for the future of economic regulation, as more and more activity involves the transmission of bits, and for First Amendment interpretation. As for the latter, the question is what a lawyer or judge can conclude without having to choose among competing conceptions of speech. How far can a basic legal toolkit …
“There Is Something Unique … About The Government Funding Of The Arts For First Amendment Purposes”: An Institutional Approach To Granting Government Entities Free Speech Rights, Leslie Cooper Mahaffey
“There Is Something Unique … About The Government Funding Of The Arts For First Amendment Purposes”: An Institutional Approach To Granting Government Entities Free Speech Rights, Leslie Cooper Mahaffey
Duke Law Journal
The common understanding of the First Amendment is that its purpose is primarily libertarian, serving to protect private citizens' expression from government censorship. In the modern era, however, the government's pervasive presence-especially in the role of funder of private activity-has blurred the lines between governmental and private speech. Further, the relatively new, increasingly influential government speech doctrine-which dictates that the government will not be subjected to First Amendment scrutiny when it is engaging in communication-has been the Supreme Court's guidepost of late when the Court has been confronted with a case involving expression with both private and public elements. The …
How To Create International Law: The Case Of Internet Freedom In China, Katherine Tsai
How To Create International Law: The Case Of Internet Freedom In China, Katherine Tsai
Duke Journal of Comparative & International Law
No abstract provided.
Crisis In The Legal Profession: Don’T Mourn, Organize!, Michael E. Tigar
Crisis In The Legal Profession: Don’T Mourn, Organize!, Michael E. Tigar
Faculty Scholarship
No abstract provided.
Viewpoint Neutrality And Government Speech, Joseph Blocher
Viewpoint Neutrality And Government Speech, Joseph Blocher
Faculty Scholarship
Government speech creates a paradox at the heart of the First Amendment. To satisfy traditional First Amendment tests, the government must show that it is not discriminating against a viewpoint. And yet if the government shows that it is condemning or supporting a viewpoint, it may be able to invoke the government speech defense and thereby avoid constitutional scrutiny altogether. Government speech doctrine therefore rewards what the rest of the First Amendment forbids: viewpoint discrimination against private speech. This is both a theoretical puzzle and an increasingly important practical problem. In cases like Pleasant Grove City, Utah v. Summum, the …
The Dogs That Did Not Bark: The Silence Of The Legal Academy During World War Ii, Sarah H. Ludington
The Dogs That Did Not Bark: The Silence Of The Legal Academy During World War Ii, Sarah H. Ludington
Faculty Scholarship
During World War II, the legal academy was virtually uncritical of the government’s conduct of the war, despite some obvious domestic abuses of civil rights, such as the internment of Japanese-Americans. This silence has largely been ignored in the literature about the history of legal education. This Article argues that there are many strands of causation for this silence. On an obvious level, World War II was a popular war fought against a fascist threat, and left-leaning academics generally supported the war. On a less obvious level, law school enrollment plummeted during the war, and the numbers of full-time law …
Transforming Property Into Speech, Joseph Blocher
Transforming Property Into Speech, Joseph Blocher
Faculty Scholarship
No abstract provided.