Law Commons^™

Ban On Nude Dancing Strips Away First Amendment Rights To Protect "Order And Morality" In Barnes V. Glen Theatre, Inc., Shannon Mclin Carlyle

Pepperdine Law Review

No abstract provided.

Sex, Money, And Groups: Free Speech And Association Decisions In The October 1999 Term, Kathleen M. Sullivan

Pepperdine Law Review

No abstract provided.

Disentangling Symmetries: Speech, Association, Parenthood, Laurence H. Tribe

Pepperdine Law Review

No abstract provided.

A Horse Of A Different Color: Distinguishing The Judiciary From The Political Branches In Campaign Financing, Anthony J. Delligatti

West Virginia Law Review

No abstract provided.

Prophetic Speech, Jeremy G. Mallory

Jeremy G Mallory

Snyder v. Phelps presented the Supreme Court with a shocking set of facts leading to a result that surprised some and confused many. On a more unsettling note, it showed that existing First Amendment doctrine has difficulty addressing prophetic speakers as they are. Prophetic rhetoric is a unique speech category that warrants nuanced consideration due to its sui generis nature. Seven characteristics of prophetic speech undermine assumptions usually taken to hold true in the Court’s free speech jurisprudence. The law as it currently exists can only address prophetic speech as some variant of a known problem, but it is not …

The First Amendment, Gaming Advertisements, And Congressional Inconsistency: The Future Of The Commercial Speech Doctrine After Greater New Orleans Broadcasting Ass'n V. United States, Nicholas P. Consula

Pepperdine Law Review

No abstract provided.

Elections Across The Pond: Comparing Campaign Finance Regimes In The United States And The United Kingdom, Kathleen Hunker

Kathleen Hunker

The article examines campaign finance regulations in two distinct political systems, the United States and the United Kingdom, and fleshes out how ‘constitutionalism’ — defined as the commitment to institutional arrangements that limit government authority — affects public efforts to curtail money in elections. Specifically, it looks at how the constitutional arrangements of the United States and the United Kingdom either facilitate or frustrate the ability of public bodies to enact prevailing public opinions on whether the nation’s underlying principles favor unrestrained political liberty or a level of political equality beyond the simple contours of one-man-one-vote. Moreover, the article compares …

Advancing Social Justice As Lawyers: And How Social Media Can Be Part Of Your Effort, Chai R. Feldblum

Georgetown Law Faculty Publications and Other Works

Commencement Address to the 2012 Graduating Class of UCLA Law, May11, 2012 at UCLA Law School.

Professor Chai Feldblum's theme is how you can be part of advancing social justice as lawyers–-and how the time that people might say you are “wasting” on social media (be it Twitter or FB or whatever you may use) can, in fact, be an essential part of social justice work.

Speech, Authorship, And Inventorship: A New Approach To Corporate Personhood, Sean M. O'Connor

Sean M. O'Connor

Recent developments relating to corporate speech, authorship, and inventorship suggest a collision of three policy principles: the right of associations to speak with a collective voice; the right of individuals to own or receive credit for the products of their intellect; and the need of innovation firms to control the intellectual output of individuals hired to create. In Citizens United, the Supreme Court upheld a right to corporate political speech as a form of collective voice. But in Stanford v. Roche, the Court affirmed the rule that patentable inventions vest ab initio with their natural person inventors. Meanwhile, in copyright …

The Illegal Process: Basic Problems In The Making And Application Of Censorship, James Grimmelmann

Faculty Scholarship

This essay is a response to Derek Bambauer's article Orwell's Armchair, which proposes "[a] statute enabling censorship of Internet materia." Bambauer's theory is process-oriented: it focuses on the institutions that engage in censorship and the procedures that they follow. Accordingly, the essay examines his arguments through the lens of the canonical Legal Process text: Hart and Sacks' The Legal Process. A series of notes and queries inquire whether his proposed statute would limit censorship, regularize it, or legitimate it.

Speech At The Exhibition Opening Of "Metropolis: Rotwang's Robot, Revolution, And Redemption" A Selection Of Memorabiia Relating To Fritz Lang's 1927 Sci-Fi Fantasy Film. From The Collection Of Michael Organ., Jonathan P. Cockburn

Faculty of Law, Humanities and the Arts - Papers (Archive)

Opening speech by Dr Jon Cockburn for the exhibition “Metropolis: Rotwang’s Robot, Revolution, and Redemption”. The exhibition contains a selection of memorabilia relating to Fritz Lang’s 1927 Sci-Fi fantasy film. The memorabilia is on loan to the Wollongong City Gallery from the collection of Michael Organ. The opening speech reflects on the development and production of the film Metropolis (1927), its reception on first release in Germany and then abroad. The film’s influence on the genre of science fiction to the present day is noted. The film’s ambiguous themes are of particular interest especially when considered in the light of …

Layshock Ex Rel. Layshock V. Hermitage School District, Matthew Beatus

NYLS Law Review

No abstract provided.

Beyond The Water Cooler: Speech And The Workplace In An Era Of Social Media, Ann C. Mcginley

Scholarly Works

No abstract provided.

"They Saw A Protest": Cognitive Illiberalism And The Speech-Conduct Distinction, Dan M. Kahan, David A. Hoffman, Donald Braman, Danieli Evans, Jeffrey J. Rachlinski

All Faculty Scholarship

“Cultural cognition” refers to the unconscious influence of individuals’ group commitments on their perceptions of legally consequential facts. We conducted an experiment to assess the impact of cultural cognition on perceptions of facts relevant to distinguishing constitutionally protected “speech” from unprotected “conduct.” Study subjects viewed a video of a political demonstration. Half the subjects believed that the demonstrators were protesting abortion outside of an abortion clinic, and the other half that the demonstrators were protesting the military’s “don’t ask, don’t tell” policy outside a campus recruitment facility. Subjects of opposing cultural outlooks who were assigned to the same experimental condition …

Speech Acts And Performances Of Scientific Citizenship: Examining How Scientists Talk About Therapeutic Cloning, Nicola J. Marks

Faculty of Law, Humanities and the Arts - Papers (Archive)

Scientists play an important role in framing public engagement with science. Their language can facilitate or impede particular interactions taking place with particular citizens: scientists’ “speech acts” can “perform” different types of “scientific citizenship”. This paper examines how scientists in Australia talked about therapeutic cloning during interviews and during the 2006 parliamentary debates on stem cell research. Some avoided complex labels, thereby facilitating public examination of this field. Others drew on language that only opens a space for publics to become educated, not to participate in a more meaningful way. Importantly, public utterances made by scientists here contrast with common …

Good Intentions, Bad Consequences: How Congress’S Efforts To Eradicate Hiv/Aids Stifle The Speech Of Humanitarian Organizations, Garima Malhotra

Catholic University Law Review

No abstract provided.

The Political Speech Of Charities In The Face Of Citizens United: A Defense Of Prohibition, Roger Colinvaux

Scholarly Articles

The Supreme Court’s decision in Citizens United v. Federal Election Commission makes a Supreme Court challenge to the tax law rule that prohibits charities from involvement in political activities more likely, and a reexamination of the political speech of charities necessary. Part I of the Article surveys the history of the political activities prohibition in order to emphasize that it was not a reactionary policy but quite considered, and that there are strong State interests supporting it, including protection of the definition of charity from further dilution. Part II of the Article analyzes Citizens United in detail and argues that …

Speaking Truth To Firepower: How The First Amendment Destabilizes The Second, Gregory P. Magarian

Scholarship@WashULaw

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 …

When Bad Speech Does Good, Mary Anne Franks

Articles

No abstract provided.

Decoding First Amendment Coverage Of Computer Source Code In The Age Of Youtube, Facebook And The Arab Spring, Jorge R. Roig

Jorge R Roig