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Articles 1 - 20 of 20
Full-Text Articles in Law
Protecting The Silence Of Speech: Academic Safe Spaces, The Free Speech Critique, And The Solution Of Free Association, Trevor N. Ward
Protecting The Silence Of Speech: Academic Safe Spaces, The Free Speech Critique, And The Solution Of Free Association, Trevor N. Ward
William & Mary Bill of Rights Journal
No abstract provided.
Horizontal Cybersurveillance Through Sentiment Analysis, Margaret Hu
Horizontal Cybersurveillance Through Sentiment Analysis, Margaret Hu
William & Mary Bill of Rights Journal
This Essay describes emerging big data technologies that facilitate horizontal cybersurveillance. Horizontal cybersurveillance makes possible what has been termed as “sentiment analysis.” Sentiment analysis can be described as opinion mining and social movement forecasting. Through sentiment analysis, mass cybersurveillance technologies can be deployed to detect potential terrorism and state conflict, predict protest and civil unrest, and gauge the mood of populations and subpopulations. Horizontal cybersurveillance through sentiment analysis has the likely result of chilling expressive and associational freedoms, while at the same time risking mass data seizures and searches. These programs, therefore, must be assessed as adversely impacting a combination …
Protests In Peril, Timothy Zick
All Employers Must Wash Their Speech Before Returning To Work: The First Amendment & Compelled Use Of Employees’ Preferred Gender Pronouns, Tyler Sherman
William & Mary Bill of Rights Journal
No abstract provided.
What Trump Misses About Free Speech, Timothy Zick
Section 1: Moot Court: Masterpiece Cakeshop, Ltd., Institute Of Bill Of Rights Law, William & Mary Law School
Section 1: Moot Court: Masterpiece Cakeshop, Ltd., Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Restroom Use, Civil Rights, And Free Speech "Opportunism", Timothy Zick
Restroom Use, Civil Rights, And Free Speech "Opportunism", Timothy Zick
Faculty Publications
Commentators have expressed concerns that litigants are invoking the First Amendment's Free Speech Clause strategically, in order to compensate for the weakness or futility of other constitutional claims. The phenomenon has been given a label- "opportunism "-and scholars have examined some of its causes and consequences. This Article takes a closer and somewhat skeptical look at the concept offree speech "opportunism." It imagines that the Free Speech Clause will be invoked in challenges to laws or policies that restrict public restroom use based on a person's gender. Would such challenges be "opportunistic, " as the term has been defined? What …
The Government Speech Doctrine In Walker’S Wake: Early Rifts And Reverberations On Free Speech, Viewpoint Discrimination, And Offensive Expression, Clay Calvert
William & Mary Bill of Rights Journal
This Article examines the immediate effects on free expression of the U.S. Supreme Court’s 2015 ruling in Walker v. Texas Division, Sons of Confederate Veterans, Inc. involving the government speech doctrine. In Walker, a sharply—and largely partisanly—divided Court upheld, in the face of a First Amendment challenge, Texas’s decision denying a private organization’s application for a specialty license plate featuring Confederate battle flag imagery. This Article initially reviews the government speech doctrine and Walker. It then analyzes Walker’s impact on cases that, like it, involve specialty license plate programs. Next, this Article explores lower court efforts stretching …
The Commercial Difference, Felix T. Wu
The Commercial Difference, Felix T. Wu
William & Mary Law Review
When it comes to the First Amendment, commerciality does, and should, matter. This Article develops the view that the key distinguishing characteristic of corporate or commercial speech is that the interest at stake is “derivative,” in the sense that we care about the speech interest for reasons other than caring about the rights of the entity directly asserting a claim under the First Amendment. To say that the interest is derivative is not to say that it is unimportant, and one could find corporate and commercial speech interests to be both derivative and strong enough to apply heightened scrutiny to …
Rights Dynamism, Timothy Zick
Justice Scalia And Abortion Speech, Timothy Zick
Justice Scalia And Abortion Speech, Timothy Zick
Faculty Publications
No abstract provided.
A Reverent Reflection Of The Splendid Scholarship Of Martin Redish—Does Reexamining Commercial Speech Shed Light On The Regrettable Reliance Upon Lie & Insult In Political Campaigns?, Douglas W. Kmiec
William & Mary Bill of Rights Journal
No abstract provided.
Introduction: The Moral Demands Of Commercial Speech, Andrew Koppelman
Introduction: The Moral Demands Of Commercial Speech, Andrew Koppelman
William & Mary Bill of Rights Journal
No abstract provided.
The Status Of The Hearer In Mr. Madison’S Neighborhood, Burt Neuborne
The Status Of The Hearer In Mr. Madison’S Neighborhood, Burt Neuborne
William & Mary Bill of Rights Journal
No abstract provided.
False Commercial Speech And The First Amendment: Understanding The Implications Of The Equivalency Principle, Martin H. Redish, Kyle Voils
False Commercial Speech And The First Amendment: Understanding The Implications Of The Equivalency Principle, Martin H. Redish, Kyle Voils
William & Mary Bill of Rights Journal
No abstract provided.
Are Commercial Speech Cases Ideological? An Empirical Inquiry, Adam M. Samaha, Roy Germano
Are Commercial Speech Cases Ideological? An Empirical Inquiry, Adam M. Samaha, Roy Germano
William & Mary Bill of Rights Journal
The empirical study of judicial behavior continues to grow and mature. The live challenges include specification, such as constructing useful conceptions and measures of ideology, mapping particular domains in which identifiable forces influence decisions, and quantifying the magnitudes of those influences. To make progress on these challenges, we roll out new and expanded datasets that build on the work of Cass Sunstein, Lee Epstein, Gregory Sisk, and others, and we report on the character of constitutional litigation today. Our datasets cover U.S. Court of Appeals decisions in five domains: (1) commercial speech, (2) gun rights, (3) abortion rights, (4) establishment …
No Regrets (Almost): After Virginia Board Of Pharmacy, Alan B. Morrison
No Regrets (Almost): After Virginia Board Of Pharmacy, Alan B. Morrison
William & Mary Bill of Rights Journal
No abstract provided.
Commercial Speech And The Perils Of Parity, Frederick Schauer
Commercial Speech And The Perils Of Parity, Frederick Schauer
William & Mary Bill of Rights Journal
No abstract provided.
The Coverage/Protection Distinction In The Law Of Freedom Of Speech—An Essay On Meta-Doctrine In Constitutional Law, Mark Tushnet
The Coverage/Protection Distinction In The Law Of Freedom Of Speech—An Essay On Meta-Doctrine In Constitutional Law, Mark Tushnet
William & Mary Bill of Rights Journal
No abstract provided.
Why You Should Doubt Reports That The First Amendment Would Protect Gen. Flynn From Prosecution Under The Logan Act, Timothy Zick
Why You Should Doubt Reports That The First Amendment Would Protect Gen. Flynn From Prosecution Under The Logan Act, Timothy Zick
Popular Media
No abstract provided.