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Articles 1 - 30 of 53
Full-Text Articles in Law
Appellate Division, First Department - Parkhouse V. Stringer, Alyssa Dunn
Appellate Division, First Department - Parkhouse V. Stringer, Alyssa Dunn
Touro Law Review
No abstract provided.
United States V. Stevens: Win, Loss, Or Draw For Animals?, David N. Cassuto
United States V. Stevens: Win, Loss, Or Draw For Animals?, David N. Cassuto
David N Cassuto
Robert J. Stevens, proprietor of “Dogs of Velvet and Steel,” was indicted for marketing dog-fighting videos in violation of 18 U.S.C. §48, a law criminalizing visual or auditory depictions of animals being “intentionally mutilated, tortured, wounded, or killed” if such conduct violated federal or state law where “the creation, sale, or possession [of such materials]” takes place.” The law aimed principally at makers and distributors of “crush videos” wherein women wearing high heels and depicted from the waist down, grind small animals to death. However, the language of 18 U.S.C. §48 extended to dog-fighting as well. Stevens challenged the law …
Responsibility To Regulate: How The ‘Responsibility To Protect’ Expands State Power, Philip Cunliffe
Responsibility To Regulate: How The ‘Responsibility To Protect’ Expands State Power, Philip Cunliffe
Human Rights & Human Welfare
Like most UN reports, particularly those concerned with the doctrine of the "responsibility to protect" (RtoP), the latest report of the UN Secretary-General is filled with plenty of pious guff mixed in with the platitudes that engulf UN diplomacy. But buried within the blathering are also some disturbing prescriptions for how the UN envisages rolling out RtoP around the world. I want to draw attention to three specific points in order to consider what these tell us about RtoP as a political model. First, I will look at the treatment of media and speech in the report; second, how the …
Defining Religion Down: Hasanna-Tabor, Martinez, And The U.S. Supreme Court, Carl H. Esbeck
Defining Religion Down: Hasanna-Tabor, Martinez, And The U.S. Supreme Court, Carl H. Esbeck
Faculty Publications
While two recent Supreme Court cases on religious freedom appear sharply at odds, in one material respect they harmonize around an understanding that religion is fully protected only when exercised in private. CLS v. Martinez involved Hastings College of Law. Hastings' regulation of extracurricular organizations was unusual in requiring that any student can join an organization. This all-comers rule had a discriminatory impact on organizations with exclusionary memberships, such as the Christian Legal Society (CLS) which required subscribing to a statement of faith and conduct. The Court acknowledged the discriminatory effect, but said that the Free Speech Clause protects speech …
Public Forum 2.1: Public Higher Education Institutions And Social Media, Robert H. Jerry Ii, Lyrissa Barnett Lidsky
Public Forum 2.1: Public Higher Education Institutions And Social Media, Robert H. Jerry Ii, Lyrissa Barnett Lidsky
UF Law Faculty Publications
Like most of us, public colleges and universities increasingly are communicating via Facebook, Second Life, YouTube, Twitter and other social media. Unlike most of us, public colleges and universities are government actors, and their social media communications present complex administrative and First Amendment challenges. The authors of this article — one the dean of a major public university law school responsible for directing its social media strategies, the other a scholar of social media and the First Amendment — have combined their expertise to help public university officials address these challenges. To that end, this article first examines current and …
The Fight For Free Speech, Even If It's Offensive, Alan E. Garfield
The Fight For Free Speech, Even If It's Offensive, Alan E. Garfield
Alan E Garfield
No abstract provided.
The Disappearing Schoolhouse Gate: Applying Tinker In The Internet Age , John T. Ceglia
The Disappearing Schoolhouse Gate: Applying Tinker In The Internet Age , John T. Ceglia
Pepperdine Law Review
No abstract provided.
Liable For Your Lies: Misrepresentation Law As A Mechanism For Regulating Behavior On Social Networking Sites, Geelan Fahimy
Liable For Your Lies: Misrepresentation Law As A Mechanism For Regulating Behavior On Social Networking Sites, Geelan Fahimy
Pepperdine Law Review
No abstract provided.
The Constitutional Jurisprudence Of Justice Kennedy On Speech, Charles D. Kelso, R. Randal Kelso
The Constitutional Jurisprudence Of Justice Kennedy On Speech, Charles D. Kelso, R. Randal Kelso
San Diego Law Review
Justice Kennedy's basic principles in free speech cases are supporting political freedom, supporting individual autonomy, and protecting freedom to teach, learn, and innovate. Given these principles, his opinions in free speech cases protect free speech from government regulation unless the government can provide strong reasons for any restrictive action and show that the means it has chosen to carry out its purposes are closely tailored to its goals. At a minimum, judicial review is by strict scrutiny for content-based regulations and intermediate review for content-neutral time, place, and manner regulations. In some cases, Justice Kennedy has indicated a preference for …
Adolescent Identity Versus The First Amendment: Sexuality And Speech Rights In The Public Schools, Steven J. Macias
Adolescent Identity Versus The First Amendment: Sexuality And Speech Rights In The Public Schools, Steven J. Macias
San Diego Law Review
This Article examines the legal tensions that currently exist between public schools' attempts to protect gay students from bullying and harassment and antigay students' First Amendment rights to engage in allegedly harassing speech. First, it looks at the popular conception of the relationship between childhood or adolescence and sexuality by considering the political and legal fallout of the same-sex marriage debate. Then this Article turns to a conception of public schooling that would allow for the constitutionally permissible regulation of antigay-identity speech. Next, through the use of critical theory, this Article explains why First Amendment defenses to gay harassment have …
All Those Like You: Identity Aggression And Student Speech , Ari Ezra Waldman
All Those Like You: Identity Aggression And Student Speech , Ari Ezra Waldman
Missouri Law Review
This Article answers two categories of questions, one social and another legal. The first series of questions is about the sociology of identity aggression and it seeks to determine whether there is a difference between, say, calling someone a "faggot" and calling someone a "dork." If there is a difference, to what extent is there empirical evidence that suggests that one is more harmful to the victim, to his community, and to his school? The legal problem flows directly from the relative harm posed by identity aggression: it is too simplistic to see the Court's student speech jurisprudence like a …
Freedom Of Speech And The ‘Occupy’ Protests: ‘Narrowly Tailored To Further Significant Government Interests’, Mel Cousins
Freedom Of Speech And The ‘Occupy’ Protests: ‘Narrowly Tailored To Further Significant Government Interests’, Mel Cousins
Mel Cousins
This note examines the spate of recent court decisions concerning efforts by Occupy protestors in various cities of the USA to prevent the removal (or restriction) of their protests. In general, though by no means in all cases, the courts, applying existing freedom of speech principles, have upheld the protestors’ right to protest to some extent but have placed narrow limits around the manner in which this right may be exercised. Following a short introduction (Part 1), Part 2 discuses the approach which has been taken by the courts in recent cases. The approach adopted contrasts sharply with the Supreme …
S12rs Sgr No. 6 (Free Speech Rules), Covell, Glorioso
S12rs Sgr No. 6 (Free Speech Rules), Covell, Glorioso
Student Senate Enrolled Legislation
No abstract provided.
S12rs Sgr No. 13 (Free Speech Take Two), Covell, Glorioso
S12rs Sgr No. 13 (Free Speech Take Two), Covell, Glorioso
Student Senate Enrolled Legislation
No abstract provided.
Big Censorship In The Big House—A Quarter-Century After Turner V. Safley: Muting Movies, Music & Books Behind Bars, Clay Calvert, Kara Carnley Murrhee
Big Censorship In The Big House—A Quarter-Century After Turner V. Safley: Muting Movies, Music & Books Behind Bars, Clay Calvert, Kara Carnley Murrhee
Northwestern Journal of Law & Social Policy
On the twenty-fifth anniversary of the United States Supreme Court’s decision in Turner v. Safley, this Article examines how federal courts across the country are applying the Turner standard today in cases involving the First Amendment free speech rights of inmates. Are courts too quick today to support the censorial proclivities of prison officials? Do judges too readily capitulate in deference to the concerns of those tasked with overseeing the incarcerated? Those are the key questions this Article addresses by analyzing inmate access to magazines, movies, books, and other common forms of media artifacts. This Article’s determinations stem from …
The Future Of Cybertravel: Legal Implications Of The Evasion Of Geolocation, Marketa Trimble
The Future Of Cybertravel: Legal Implications Of The Evasion Of Geolocation, Marketa Trimble
Fordham Intellectual Property, Media and Entertainment Law Journal
Although the Internet is valued by many of its supporters particularly because it both defies and defeats physical borders, these important attributes are now being exposed to attempts by both governments and private entities to impose territorial limits through blocking or permitting access to content by Internet users based on their geographical location — a territorial partitioning of the Internet. One of these attempts, for example, is the recent Stop Online Piracy Act (“SOPA”) proposal in the United States. This article, as opposed to earlier literature on the topic discussing the possible virtues and methods of raising borders in cyberspace, …
E-Incitement: A Framework For Regulating The Incitement Of Criminal Flash Mobs, Hannah Steinblatt
E-Incitement: A Framework For Regulating The Incitement Of Criminal Flash Mobs, Hannah Steinblatt
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Details: Specific Facts And The First Amendment, Ashutosh A. Bhagwat
Details: Specific Facts And The First Amendment, Ashutosh A. Bhagwat
Ashutosh Bhagwat
First Amendment theory and judicial decisions have traditionally focused their analysis primarily on the regulation and suppression of ideas, opinions, and advocacy. The great free speech disputes of the Twentieth Century have produced a robust body of law which, at least in the political sphere, gives very strong protection to such speech. But ideas and opinions are not the only sorts of information conveyed by speech. What about facts, and in particular, what about specific facts, what I call details? Cases such as New York Times v. Sullivan and its progeny discuss the proper treatment of false facts, but what …
Conspiracy Law's Threat To Free Speech, Steven R. Morrison
Conspiracy Law's Threat To Free Speech, Steven R. Morrison
Steven R Morrison
Conspiracy law has been the consistent subject of controversy, but most commentators do not consider its negative effect on freedom of speech. When they do, their concerns focus only on the use of speech as the crime’s actus reus. The use of speech as evidence to prove this actus reus is as important and raises conceptually related issues, so current scholarship tells only half of the story. This Article addresses the use of speech as the actus reus of conspiracy and evidence thereof. It sets forth what I call the All-Purpose Speech Model. I argue that this Model accurately describes …
Details: Specific Facts And The First Amendment, Ashutosh A. Bhagwat
Details: Specific Facts And The First Amendment, Ashutosh A. Bhagwat
Ashutosh Bhagwat
First Amendment theory and judicial decisions have traditionally focused their analysis primarily on the regulation and suppression of ideas, opinions, and advocacy. The great free speech disputes of the Twentieth Century have produced a robust body of law which, at least in the political sphere, gives very strong protection to such speech. But ideas and opinions are not the only sorts of information conveyed by speech. What about facts, and in particular, what about specific facts, what I call details? Cases such as New York Times v. Sullivan and its progeny discuss the proper treatment of false facts, but what …
Conspiracy Law's Threat To Free Speech, Steven R. Morrison
Conspiracy Law's Threat To Free Speech, Steven R. Morrison
Steven R Morrison
Conspiracy law has been the consistent subject of controversy, but most commentators do not consider its negative effect on freedom of speech. When they do, their concerns focus only on the use of speech as the crime’s actus reus. The use of speech as evidence to prove this actus reus is as important and raises conceptually related issues, so current scholarship tells only half of the story. This Article addresses the use of speech as the actus reus of conspiracy and evidence thereof. It sets forth what I call the All-Purpose Speech Model. I argue that this Model accurately describes …
Conspiracy Law's Threat To Free Speech, Steven R. Morrison
Conspiracy Law's Threat To Free Speech, Steven R. Morrison
Steven R Morrison
Conspiracy law has been the consistent subject of controversy, but most commentators do not consider its negative effect on freedom of speech. When they do, their concerns focus only on the use of speech as the crime’s actus reus. The use of speech as evidence to prove this actus reus is as important and raises conceptually related issues, so current scholarship tells only half of the story. This Article addresses the use of speech as the actus reus of conspiracy and evidence thereof. It sets forth what I call the All-Purpose Speech Model. I argue that this Model accurately describes …
Conspiracy Law's Threat To Free Speech, Steven R. Morrison
Conspiracy Law's Threat To Free Speech, Steven R. Morrison
Steven R Morrison
Conspiracy law has been the consistent subject of controversy, but most commentators do not consider its negative effect on freedom of speech. When they do, their concerns focus only on the use of speech as the crime’s actus reus. The use of speech as evidence to prove this actus reus is as important and raises conceptually related issues, so current scholarship tells only half of the story. This Article addresses the use of speech as the actus reus of conspiracy and evidence thereof. It sets forth what I call the All-Purpose Speech Model. I argue that this Model accurately describes …
The Structural Constitutional Principle Of Republican Legitimacy, Mark D. Rosen
The Structural Constitutional Principle Of Republican Legitimacy, Mark D. Rosen
Mark D. Rosen
Representative democracy does not spontaneously occur by citizens gathering to choose laws. Instead, republicanism takes place within an extensive legal framework that determines who gets to vote, how campaigns are conducted, what conditions must be met for representatives to make valid law, and many other things. Many of the “rules-of-the-road” that operationalize republicanism have been subject to constitutional challenges in recent decades. For example, lawsuits have been brought against “partisan gerrymandering” (which has led to most congressional districts not being party-competitive, but instead being safely Republican or Democratic) and against onerous voter identification requirements (which reduce the voting rates of …
Conspiracy Law's Threat To Free Speech, Steven R. Morrison
Conspiracy Law's Threat To Free Speech, Steven R. Morrison
Steven R Morrison
Conspiracy law has been the consistent subject of controversy, but most commentators do not consider its negative effect on freedom of speech. When they do, their concerns focus only on the use of speech as the crime’s actus reus. The use of speech as evidence to prove this actus reus is as important and raises conceptually related issues, so current scholarship tells only half of the story. This Article addresses the use of speech as the actus reus of conspiracy and evidence thereof. It sets forth what I call the All-Purpose Speech Model. I argue that this Model accurately describes …
Conspiracy Law's Threat To Free Speech, Steven R. Morrison
Conspiracy Law's Threat To Free Speech, Steven R. Morrison
Steven R Morrison
Conspiracy law has been the consistent subject of controversy, but most commentators do not consider its negative effect on freedom of speech. When they do, their concerns focus only on the use of speech as the crime’s actus reus. The use of speech as evidence to prove this actus reus is as important and raises conceptually related issues, so current scholarship tells only half of the story. This Article addresses the use of speech as the actus reus of conspiracy and evidence thereof. It sets forth what I call the All-Purpose Speech Model. I argue that this Model accurately describes …
When Is A Lie An Affront To The Law?, Alan E. Garfield
When Is A Lie An Affront To The Law?, Alan E. Garfield
Alan E Garfield
No abstract provided.
Speaking Truth To Firepower: How The First Amendment Destabilizes The Second, Gregory P. Magarian
Speaking Truth To Firepower: How The First Amendment Destabilizes The Second, Gregory P. Magarian
Gregory P. Magarian
When the Supreme Court in District of Columbia v. Heller declared that the Second Amendment protects an individual right to keep and bear arms, it set atop the federal judicial agenda the critical task of elaborating the new right’s scope, limits, and content. Following Heller, commentators routinely draw upon the First Amendment’s protections for expressive freedom to support their proposals for Second Amendment doctrine. In this article, Professor Magarian advocates a very different role for the First Amendment in explicating the Second, and he contends that our best understanding of First Amendment theory and doctrine severely diminishes the Second Amendment’s …
Conspiracy Law's Threat To Free Speech, Steven R. Morrison
Conspiracy Law's Threat To Free Speech, Steven R. Morrison
Steven R Morrison
Conspiracy law has been the consistent subject of controversy, but most commentators do not consider its negative effect on freedom of speech. When they do, their concerns focus only on the use of speech as the crime’s actus reus. The use of speech as evidence to prove this actus reus is as important and raises conceptually related issues, so current scholarship tells only half of the story. This Article addresses the use of speech as the actus reus of conspiracy and evidence thereof. It sets forth what I call the All-Purpose Speech Model. I argue that this Model accurately describes …
Conspiracy Law's Threat To Free Speech, Steven R. Morrison
Conspiracy Law's Threat To Free Speech, Steven R. Morrison
Steven R Morrison
Conspiracy law has been the consistent subject of controversy, but most commentators do not consider its negative effect on freedom of speech. When they do, their concerns focus only on the use of speech as the crime’s actus reus. The use of speech as evidence to prove this actus reus is as important and raises conceptually related issues, so current scholarship tells only half of the story. This Article addresses the use of speech as the actus reus of conspiracy and evidence thereof. It sets forth what I call the All-Purpose Speech Model. I argue that this Model accurately describes …