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Articles 1 - 30 of 50
Full-Text Articles in Law
Supreme Court, New York County, Themed Restaurants, Inc. V. Zagat Survey Llc, Paula Gilbert
Supreme Court, New York County, Themed Restaurants, Inc. V. Zagat Survey Llc, Paula Gilbert
Touro Law Review
No abstract provided.
Appellate Division, First Department, Courtroom Television Network Llc V. New York, Paula Gilbert
Appellate Division, First Department, Courtroom Television Network Llc V. New York, Paula Gilbert
Touro Law Review
No abstract provided.
2003-2004 Supreme Court Term: Another Losing Season For The First Amendment, Joel M. Gora
2003-2004 Supreme Court Term: Another Losing Season For The First Amendment, Joel M. Gora
Touro Law Review
No abstract provided.
Conscience, Coercion, And The Constitution: Some Thoughts, Dwight G. Duncan
Conscience, Coercion, And The Constitution: Some Thoughts, Dwight G. Duncan
University of Massachusetts Law Review
As a consequence, this article will argue that the most viable constitutional strategy for protecting conscientious objectors is to bracket the question of whether it is religiously motivated. Rather, it will focus simply on the question of whether it is a sincerely held moral conviction, while seeking to expand existing freedom of speech case law under the First Amendment to the United States Constitution to maximize protection for people of conscience from being obliged to act contrary to their conscience.
First Amendment Cases In The October 2004 Term, Joel M. Gora
First Amendment Cases In The October 2004 Term, Joel M. Gora
Touro Law Review
No abstract provided.
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
Lyrissa Barnett Lidsky
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 …
Should Musicians Be Jailed For Their Threatening Lyrics?, Alan E. Garfield
Should Musicians Be Jailed For Their Threatening Lyrics?, Alan E. Garfield
Alan E Garfield
No abstract provided.
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
Robert H. Jerry II
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 Case For Defamatory Opinion, Adam Lamparello
The Case For Defamatory Opinion, Adam Lamparello
Adam Lamparello
The law should not allow revenge porn in the name of the First Amendment, just as it should not allow private citizens to purchase AK-47’s in the name of the Second Amendment. Citizens can abuse fundamental rights just as governments can infringe them. At some point, courts have to acknowledge that the First Amendment was not intended to give people a fundamental right to trash an individual’s reputation while seeking cover under the self-serving blanket of opinion and taste. It is one thing to stroll into a courthouse with a shirt that says Fuck the Draft, but quite another to …
The Case For Defamatory Opinion, Adam Lamparello
The Case For Defamatory Opinion, Adam Lamparello
Adam Lamparello
The law should not allow revenge porn in the name of the First Amendment, just as it should not allow private citizens to purchase AK-47’s in the name of the Second Amendment. Citizens can abuse fundamental rights just as governments can infringe them. At some point, courts have to acknowledge that the First Amendment was not intended to give people a fundamental right to trash an individual’s reputation while seeking cover under the self-serving blanket of opinion and taste. It is one thing to stroll into a courthouse with a shirt that says Fuck the Draft, but quite another to …
Speak Up: Issue Advocacy In Increasingly Politicized Times, Sally Wagenmaker
Speak Up: Issue Advocacy In Increasingly Politicized Times, Sally Wagenmaker
The Journal of Business, Entrepreneurship & the Law
This article first provides a brief primer on current constraints affecting Section 501(c)(3) and 501(c)(4) organizations' communications within the context of what has become known as “issue advocacy.” It then sets forth the problem of increasing politicization of nonprofits' issue advocacy activities. The article next evaluates related constitutional tensions for politically tinged issue advocacy, through the lens of the Supreme Court's free speech decisions. It concludes by addressing how the IRS's different content-based standards for issue advocacy are susceptible to abuse, are otherwise constitutionally suspect, and therefore warrant reform.
City Court, City Of Rochester, People V. Barton, Kerri Grzymala
City Court, City Of Rochester, People V. Barton, Kerri Grzymala
Touro Law Review
No abstract provided.
Defining The Line Between Constitutionally Protected Speech And True Threats: Can I Be Arrested For Being Annoying?, Allison E. Dolzani
Defining The Line Between Constitutionally Protected Speech And True Threats: Can I Be Arrested For Being Annoying?, Allison E. Dolzani
Touro Law Review
No abstract provided.
The Internet Is The New Public Forum: Why Riley V. California Supports Net Neutrality, Adam Lamparello
The Internet Is The New Public Forum: Why Riley V. California Supports Net Neutrality, Adam Lamparello
Adam Lamparello
Technology has ushered civil liberties into the virtual world, and the law must adapt by providing legal protections to individuals who speak, assemble, and associate in that world. The original purposes of the First Amendment, which from time immemorial have protected civil liberties and preserved the free, open, and robust exchange of information, support net neutrality. After all, laws or practices that violate cherished freedoms in the physical world also violate those freedoms in the virtual world. The battle over net neutrality is “is absolutely the First Amendment issue of our time,” just as warrantless searches of cell phones were …
Speech Beyond Borders: Extraterritoriality And The First Amendment, Anna Su
Speech Beyond Borders: Extraterritoriality And The First Amendment, Anna Su
Vanderbilt Law Review
Does the First Amendment follow the flag? In Boumediene v. Bush, the Supreme Court categorically rejected the claim that constitutional rights do not apply at all to governmental actions taken against aliens located abroad. Instead, the Court made the application of such rights, the First Amendment presumably included, contingent on "objective factors and practical concerns." In addition, by affirming previous decisions, Boumediene also extended its functional test to cover even U.S. citizens, leaving them in a situation where they might be without any constitutional recourse for violations of their First Amendment rights. But lower courts have found in the recent …
Beyond The Schoolhouse Gates: The Unprecedented Expansion Of School Surveillance Authority Under Cyberbulling Laws, Emily Suski
Beyond The Schoolhouse Gates: The Unprecedented Expansion Of School Surveillance Authority Under Cyberbulling Laws, Emily Suski
Faculty Publications
For several years, states have grappled with the problem of cyberbullying and its sometimes devastating effects. Because cyberbullying often occurs between students, most states have understandably looked to schools to help address the problem. To that end, schools in forty-six states have the authority to intervene when students engage in cyberbullying. This solution seems all to the good unless a close examination of the cyberbullying laws and their implications is made. This Article explores some of the problematic implications of the cyberbullying laws. More specifically, it focuses on how the cyberbullying laws allow schools unprecedented surveillance authority over students. This …
Anti-Slapp Confabulation & The Government Speech Doctrine, Steven J. Andre
Anti-Slapp Confabulation & The Government Speech Doctrine, Steven J. Andre
Golden Gate University Law Review
NOTE: The attached article is an updated version of the print edition, 9Dec2014.
California was the first state to find judicial acceptance of the notion that government may avail itself of anti-SLAPP protections against private citizens who petition for redress of grievances. It is the purpose of this article to explore the judicial entrenchment of such a misguided balancing of government interests against constitutional rights, and to illustrate why it is shortsighted and a very harmful misinterpretation of otherwise very worthy and beneficial statutes.
Advice For Ferguson From The Supreme Court, Sonja R. West, Dahlia Lithwick
Advice For Ferguson From The Supreme Court, Sonja R. West, Dahlia Lithwick
Popular Media
This article looks at the factors regarding protestors and counselors set forth in the Supreme Court's decision in McCullen v. Coakley and puts them in the Ferguson, Missouri context.
Demystifying Secondary Effects Analysis: The Example Of The "Explosive" Combination Of Erotic Entertainment And Alcohol, Leslie Jacobs
Demystifying Secondary Effects Analysis: The Example Of The "Explosive" Combination Of Erotic Entertainment And Alcohol, Leslie Jacobs
Leslie Gielow Jacobs
Under secondary effects analysis, regulations that target erotic entertainment are subject to deferential “intermediate” judicial review rather than the strict scrutiny that usually applies to government actions that target protected speech activities based on their content. According to the Justices’ articulations, lesser scrutiny is appropriate because secondary effects are “unrelated to the impact of the speech on its audience.” Although the determination that an effect is “secondary” is critical to moving an ostensibly content based regulation into deferential scrutiny, the Court has never explained how the abstract definition applies to specific asserted “secondary effects” and, following the Court’s lead, lower …
City Court, City Of Rochester, People V. Griswold, James Dougherty
City Court, City Of Rochester, People V. Griswold, James Dougherty
Touro Law Review
No abstract provided.
Appellate Division, Third Department, Avella V. Batt, Danielle D'Abate
Appellate Division, Third Department, Avella V. Batt, Danielle D'Abate
Touro Law Review
No abstract provided.
First Amendment Decisions From The October 2006 Term, Erwin Chemerinsky, Marci A. Hamilton
First Amendment Decisions From The October 2006 Term, Erwin Chemerinsky, Marci A. Hamilton
Touro Law Review
No abstract provided.
An Overview Of The October 2006 Supreme Court Term, Erwin Chemerinsky
An Overview Of The October 2006 Supreme Court Term, Erwin Chemerinsky
Touro Law Review
No abstract provided.
Supreme Court Of New York Appellate Division, Third Department - Kings Mall, Llc V. Wenk, Steven Fox
Supreme Court Of New York Appellate Division, Third Department - Kings Mall, Llc V. Wenk, Steven Fox
Touro Law Review
No abstract provided.
Tinker Gone Viral: Diverging Threshold Tests For Analyzing School Regulation Of Off-Campus Digital Student Speech, Daniel Marcus-Toll
Tinker Gone Viral: Diverging Threshold Tests For Analyzing School Regulation Of Off-Campus Digital Student Speech, Daniel Marcus-Toll
Fordham Law Review
In the context of students’ free speech rights, courts have traditionally premised school regulatory authority on geography, deferring to school officials on campus and limiting a school’s capacity to discipline students for conduct taking place beyond school hours or property. In the contemporary setting, however, where wireless devices, mobile phones, and other communicative technologies abound, a student may affect the school environment significantly without setting foot on school property. In the absence of guidance from the U.S. Supreme Court, the limits of school authority to regulate such “off-campus” student speech are uncertain.
Several courts have permitted school discipline in response …
Using Copyright To Combat Revenge Porn, Amanda Levendowski
Using Copyright To Combat Revenge Porn, Amanda Levendowski
Georgetown Law Faculty Publications and Other Works
Over the past several years, the phenomenon of “revenge porn” – defined as sexually explicit images that are publicly shared online, without the consent of the pictured individual – has attracted national attention. Victims of revenge porn often suffer devastating consequences, including losing their jobs, but have had limited success using tort laws to prevent the spread of their images. Victims need a remedy that provides takedown procedures, civil liability for uploaders and websites, and the threat of money damages. Copyright law provides all of these remedies. Because an estimated 80 percent of revenge porn images are “selfies,” meaning that …
Lies And Their Protection: A Comparison Of The Right To Lie About Receiving A Military Honor In The United States And Canada, Marilyn N. Harvey
Lies And Their Protection: A Comparison Of The Right To Lie About Receiving A Military Honor In The United States And Canada, Marilyn N. Harvey
University of Miami International and Comparative Law Review
No abstract provided.
Whistleblowing And Free Speech: Garcetti's Early Progeny And Shrinking Constitutional Rights Of Public Employees, J. Michael Mcguinness
Whistleblowing And Free Speech: Garcetti's Early Progeny And Shrinking Constitutional Rights Of Public Employees, J. Michael Mcguinness
Touro Law Review
No abstract provided.
Exotic Dancing: Taxable Trash Or Exempt Art, John O. Hayward
Exotic Dancing: Taxable Trash Or Exempt Art, John O. Hayward
John O. Hayward
Exotic dancers usually embroil themselves in censorship battles with local authorities. But recently they have drawn the attention of tax authorities who have tussled with the owners of so-called “gentlemen’s clubs” over whether the exotic dancing performed in their establishments are subject to taxation. This paper examines two recent cases where state authorities choose to tax exotic dancing while at the same time exempting what some jurists regard as comparable choreographic performances. In the opinion of these commentators, the tax authorities exhibited a bias against low-brow artistic expression, thus engaging in impermissible content discrimination. It advances the proposition that judges …
The Institutional Progress Clause, Jake Linford
The Institutional Progress Clause, Jake Linford
Scholarly Publications
There is a curious anomaly at the intersection of copyright and free speech. In cases like Citizens United v. Federal Election Commission, the United States Supreme Court has exhibited a profound distaste for tailoring free speech rights and restrictions based on the identity of the speaker. The Copyright Act, however, is full of such tailoring, extending special rights to some copyright owners and special defenses to some users. A Supreme Court serious about maintaining speaker neutrality would be appalled.
A set of compromises at the heart of the Copyright Act reflects interest-group lobbying rather than a careful consideration of …