Open Access. Powered by Scholars. Published by Universities.®
- Publication Year
- Publication
- Publication Type
Articles 1 - 30 of 36
Full-Text Articles in Law
Virginia Court Reinstates Teacher Suspended For Opposing Trans Inclusion Policy, Arthur S. Leonard
Virginia Court Reinstates Teacher Suspended For Opposing Trans Inclusion Policy, Arthur S. Leonard
Other Publications
No abstract provided.
Fields V. Speaker Of Pennsylvania House Of Representatives, Heidi Moore
Fields V. Speaker Of Pennsylvania House Of Representatives, Heidi Moore
NYLS Law Review
No abstract provided.
Gillis V. Miller, Anna Tichy
Justice Anthony Kennedy's Free Speech Legacy [Comments], Nadine Strossen
Justice Anthony Kennedy's Free Speech Legacy [Comments], Nadine Strossen
Articles & Chapters
Justice Kennedy has been hailed by free speech advocates as a leading free speech champion. In contrast, other experts have not only criticized particular opinions and votes by Justice Kennedy that rejected free speech claims, but they also have maintained that Justice Kennedy specifically declined to protect speech that was at odds with his conservative political and religious views. It is certainly true that Justice Kennedy did not uphold freedom of speech in some important contexts, including when the Government asserted countervailing national security or "War on Drugs" concerns. However, in other important cases, Justice Kennedy showed courage in defending …
Decisive Win For Lesbians In Oregon Cake Case, Arthur S. Leonard
Decisive Win For Lesbians In Oregon Cake Case, Arthur S. Leonard
Other Publications
No abstract provided.
No First Amendment Shield For Homophobic Prof, Arthur S. Leonard
No First Amendment Shield For Homophobic Prof, Arthur S. Leonard
Other Publications
No abstract provided.
Triggering Tinker: Student Speech In The Age Of Cyberharassment, Ari Ezra Waldman
Triggering Tinker: Student Speech In The Age Of Cyberharassment, Ari Ezra Waldman
Articles & Chapters
This essay challenges the common assumption that public schools have limited authority to regulate cyberbullying that originates and takes place off campus. That argument presumes a level of myopia, clarity, and literalism in the law that simply does not exist. First, even assuming it existed, a geographic requirement is an outdated creature of a preinternet age. Cyberbullying poses unique challenges to young people, educators, and schools not contemplated when the Court decided its student speech cases. If it existed then, it should adapt to today’s realities. Second, I argue that a campus presence requirement for regulating any kind of off-campus …
No Religious Out For Firefighters Staffing Engine In Pride Parade, Arthur S. Leonard
No Religious Out For Firefighters Staffing Engine In Pride Parade, Arthur S. Leonard
Other Publications
No abstract provided.
The First Amendment And The Second Commandment, Amy Adler
The First Amendment And The Second Commandment, Amy Adler
NYLS Law Review
No abstract provided.
The Digital Accountability And Transparency Act Of 2011 (Data): Using Open Data Principles To Revamp Spending Transparency Legislation, Jillian Raines '12
The Digital Accountability And Transparency Act Of 2011 (Data): Using Open Data Principles To Revamp Spending Transparency Legislation, Jillian Raines '12
NYLS Law Review
No abstract provided.
$4.5 Million Defamation Award Against Anti-Gay Official Upheld, Arthur S. Leonard
$4.5 Million Defamation Award Against Anti-Gay Official Upheld, Arthur S. Leonard
Other Publications
No abstract provided.
Durkheim's Internet: Social And Political Theory In Online Society, Ari Ezra Waldman
Durkheim's Internet: Social And Political Theory In Online Society, Ari Ezra Waldman
Articles & Chapters
While the Internet has changed dramatically since the early 1990s, the legal regime governing the right to privacy online and Internet speech is still steeped in a myth of the Internet user, completely hidden from others, in total control of his online experience, and free to come and go as he pleases. This false image of the “virtual self” has also contributed to an ethos of lawlessness, irresponsibility, and radical individuation online, allowing the evisceration of online privacy and the proliferation of hate and harassment.
I argue that the myth of the online anonym is not only false as a …
All Those Like You: Identity Aggression And Student Speech, Ari Ezra Waldman
All Those Like You: Identity Aggression And Student Speech, Ari Ezra Waldman
Articles & Chapters
Online and face-to-face harassment in schools requires a coordinated response from the school, parents, students, and government. In this Article, I address a particular subset of online and face-to-face harassment, or identity-based harassment. Identity-based aggressors highlight a quality intrinsic to someone’s personhood and demean it, deprive it of value, and use it as a weapon. They attack women, racial minorities, religious minorities, and other traditionally victimized groups. And, as such, they attack not only their particular victims but also their victims’ communities. Identity-based aggressors com- mit a constitutional evil not only because their behavior interferes with victims’ access to education, …
Hostile Educational Environments, Ari Ezra Waldman
Hostile Educational Environments, Ari Ezra Waldman
Articles & Chapters
This Article is one in a series about bullying and cyberbullying in schools. I argue that the proper analysis for a First Amendment challenge to school discipline for off-campus misuse of the Internet to harm or harass a member of the school community based on the victim’s identity depends on the nature of the offending behavior. For students who are punished for a single incident – what I will call cyberattacking – a Tinker analysis makes sense. But, given that Tinker’s “substantial disruption” standard originated in the context of student protests and that targeted identity-based harassment can create substantial disruptions …
Layshock Ex Rel. Layshock V. Hermitage School District, Matthew Beatus
Layshock Ex Rel. Layshock V. Hermitage School District, Matthew Beatus
NYLS Law Review
No abstract provided.
Handcuffing The Press: First Amendment Limitations On The Reach Of Criminal Statutes As Applied To The Media, Lee Levine, Nathan E. Siegel, Jeanette Melendez Bead
Handcuffing The Press: First Amendment Limitations On The Reach Of Criminal Statutes As Applied To The Media, Lee Levine, Nathan E. Siegel, Jeanette Melendez Bead
NYLS Law Review
No abstract provided.
In The Matter Of Ottinger V. Non-Party The Journal News, Daniel Haier
In The Matter Of Ottinger V. Non-Party The Journal News, Daniel Haier
NYLS Law Review
No abstract provided.
Constitutional Law And Values—Version ’08 (Not Necessarily An Upgrade), Nadine Strossen
Constitutional Law And Values—Version ’08 (Not Necessarily An Upgrade), Nadine Strossen
NYLS Law Review
No abstract provided.
Free Speech, Reputation, And The Canadian Balance, Eugénie Brouillet
Free Speech, Reputation, And The Canadian Balance, Eugénie Brouillet
NYLS Law Review
No abstract provided.
Defamation, Free Speech, And Democratic Governance, Russell L. Weaver, David F. Partlett
Defamation, Free Speech, And Democratic Governance, Russell L. Weaver, David F. Partlett
NYLS Law Review
No abstract provided.
Defamation Of Public Figures: North American Contrasts, Adrienne Stone
Defamation Of Public Figures: North American Contrasts, Adrienne Stone
NYLS Law Review
No abstract provided.
Transnational Communication And Defamatory Speech: A Case For Establishing Norms For The Twenty-First Century, David Goldberg
Transnational Communication And Defamatory Speech: A Case For Establishing Norms For The Twenty-First Century, David Goldberg
NYLS Law Review
No abstract provided.
Origins Of The Public Figure Doctrine In First Amendment Defamation Law, Catherine Hancock
Origins Of The Public Figure Doctrine In First Amendment Defamation Law, Catherine Hancock
NYLS Law Review
No abstract provided.
Reforming The Crime Of Libel, Clive Walker
Privacy, Princesses, And Paparazzi, Barbara Mcdonald
Privacy, Princesses, And Paparazzi, Barbara Mcdonald
NYLS Law Review
No abstract provided.
Introduction, Russell L. Weaver, David F. Partlett
Introduction, Russell L. Weaver, David F. Partlett
NYLS Law Review
No abstract provided.
Truth And Consequences: First Amendment Protection For Accurate Reporting On Government Investigations, Jonathan Donnellan, Justin Peacock
Truth And Consequences: First Amendment Protection For Accurate Reporting On Government Investigations, Jonathan Donnellan, Justin Peacock
NYLS Law Review
No abstract provided.
Society’S Software, Beth Simone Noveck, David R. Johnson
Society’S Software, Beth Simone Noveck, David R. Johnson
Articles & Chapters
No abstract provided.
Law And Liberty In Virtual Worlds, Jack M. Balkin
Law And Liberty In Virtual Worlds, Jack M. Balkin
NYLS Law Review
No abstract provided.
Public Availability Or Practical Obscurity: The Debate Over Public Access To Court Records On The Internet, Arminda Bradford Bepko
Public Availability Or Practical Obscurity: The Debate Over Public Access To Court Records On The Internet, Arminda Bradford Bepko
NYLS Law Review
No abstract provided.