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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 Dec 2017

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 Dec 2017

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 Nov 2017

Protests In Peril, Timothy Zick

Faculty Publications

No abstract provided.


All Employers Must Wash Their Speech Before Returning To Work: The First Amendment & Compelled Use Of Employees’ Preferred Gender Pronouns, Tyler Sherman Oct 2017

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 Sep 2017

What Trump Misses About Free Speech, Timothy Zick

Popular Media

No abstract provided.


Section 1: Moot Court: Masterpiece Cakeshop, Ltd., Institute Of Bill Of Rights Law, William & Mary Law School Sep 2017

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 Aug 2017

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 May 2017

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 May 2017

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 May 2017

Rights Dynamism, Timothy Zick

Faculty Publications

No abstract provided.


Justice Scalia And Abortion Speech, Timothy Zick Apr 2017

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 Mar 2017

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 Mar 2017

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 Mar 2017

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 Mar 2017

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 Mar 2017

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 Mar 2017

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 Mar 2017

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 Mar 2017

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 Feb 2017

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.