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Articles 1 - 12 of 12
Full-Text Articles in Law
The Dynamic Relationship Between Freedom Of Speech And Equality, Timothy Zick
The Dynamic Relationship Between Freedom Of Speech And Equality, Timothy Zick
Faculty Publications
This Article examines the dynamic intersection between freedom of speech and equal protection, with a particular focus on the race and LGBT equality movements. Unlike other works on expression and/or equality, the Article emphasizes the relational and bi-directional connections between freedom of speech and equal protection. Freedom of speech has played a critical role in terms of advancing constitutional equality. However, with regard to both race and LGBT equality, free speech rights also failed in important respects to facilitate equality claims and movements. Advocacy and agitation on behalf of equality rights have also left indelible positive and negative marks on …
But First, (Don’T) Let Me Take A Selfie: New Hampshire’S Ban On Ballot Selfies And First Amendment Scrutiny, Emily Wagman
But First, (Don’T) Let Me Take A Selfie: New Hampshire’S Ban On Ballot Selfies And First Amendment Scrutiny, Emily Wagman
William & Mary Bill of Rights Journal
No abstract provided.
The Categorical Approach To Protecting Speech In American Constitutional Law, Daniel A. Farber
The Categorical Approach To Protecting Speech In American Constitutional Law, Daniel A. Farber
Daniel A Farber
No abstract provided.
Keynote Remarks: Academic Activism And Freedom Of Speech, Gene Nichol
Keynote Remarks: Academic Activism And Freedom Of Speech, Gene Nichol
Seattle University Law Review
I am much honored to be here, in such remarkable company. By my lights, the folks in this room represent the best of the legal academy; those who think, stunningly, that the real world, outside campus walls, actually matters; those who, every day, live out Václav Havel’s definition of hope. Havel thought of hope not as a prediction of success or a description of the world around us but as a conscious choice to live in the belief that we can make a difference in the quality of our shared, and sometimes threatened, lives. When you think about it, the …
Fissures, Fractures & Doctrinal Drifts: Paying The Price In First Amendment Jurisprudence For A Half Decade Of Avoidance, Minimalism & Partisanship, Clay Calvert, Matthew D. Bunker
Fissures, Fractures & Doctrinal Drifts: Paying The Price In First Amendment Jurisprudence For A Half Decade Of Avoidance, Minimalism & Partisanship, Clay Calvert, Matthew D. Bunker
William & Mary Bill of Rights Journal
This Article comprehensively examines how the U.S. Supreme Court’s adherence to principles of constitutional avoidance and judicial minimalism, along with partisan rifts among the Justices, have detrimentally affected multiple First Amendment doctrines over the past five years. The doctrines analyzed here include true threats, broadcast indecency, offensive expression, government speech, and strict scrutiny, as well as the fundamental dichotomy between content-based and contentneutral regulations.
The Freedom Of Speech In Public Forums On College Campuses: A Single-Site Case Study On Pushing The Boundaries Of The Freedom Of Speech, Alexander Davidson
The Freedom Of Speech In Public Forums On College Campuses: A Single-Site Case Study On Pushing The Boundaries Of The Freedom Of Speech, Alexander Davidson
Journalism
The purpose of this single-site study is to test how far speech can be pushed before it is no longer protected at the California Polytechnic State University. The purpose isn’t merely to push limitations for the sake of testing boundaries, but it is to see what types of speech truly add to the marketplace of ideas and what types simply do not. The main points of the study are to understand what speech is protected and what speech is not protected on California Polytechnic State University’s campus and to understand how the provocation that comes along with “negative speech” can …
The Storm Arrives: The First Amendment Cases In The Supreme Court's 1999-2000 Term, Joel M. Gora
The Storm Arrives: The First Amendment Cases In The Supreme Court's 1999-2000 Term, Joel M. Gora
Touro Law Review
No abstract provided.
Court Of Appeals, People V. Fraser, Evan M. Zuckerman
Court Of Appeals, People V. Fraser, Evan M. Zuckerman
Touro Law Review
No abstract provided.
The First Amendment And The World, Timothy Zick
Holmes And Brennan, Howard Wasserman
Holmes And Brennan, Howard Wasserman
Faculty Publications
This article jointly examines two legal biographies of two landmark First Amendment decisions and the justices who produced them. In The Great Dissent (Henry Holt and Co. 2013), Thomas Healy explores Oliver Wendell Holmes’s dissent in Abrams v. United States (1919), which arguably laid the cornerstone for modern American free speech jurisprudence. In The Progeny (ABA 2014), Stephen Wermiel and Lee Levine explore William J. Brennan’s majority opinion in New York Times v. Sullivan (1964) and the development and evolution of its progeny over Brennan’s remaining twenty-five years on the Court. The article then explores three ideas: 1) the connections …
Chilling Effects: Online Surveillance And Wikipedia Use, Jonathon Penney
Chilling Effects: Online Surveillance And Wikipedia Use, Jonathon Penney
Articles, Book Chapters, & Popular Press
This article discusses the results of the first empirical study providing evidence of regulatory “chilling effects” of Wikipedia users associated with online government surveillance. The study explores how traffic to Wikipedia articles on topics that raise privacy concerns for Wikipedia users decreased after the widespread publicity about NSA/PRISM surveillance revelations in June 2013. Using an interdisciplinary research design, the study tests the hypothesis, based on chilling effects theory, that traffic to privacy-sensitive Wikipedia articles reduced after the mass surveillance revelations. The Article finds not only a statistically significant immediate decline in traffic for these Wikipedia articles after June 2013, but …
Holmes And Brennan, Howard M. Wasserman
Holmes And Brennan, Howard M. Wasserman
Howard M Wasserman