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The Freedom To Film Pornography, Marc J. Randazza Sep 2016

The Freedom To Film Pornography, Marc J. Randazza

Nevada Law Journal

No abstract provided.

Trapped In Public: The Regulation Of Street Harassment And Cyber-Harassment Under The Captive Audience Doctrine, Joanne Sweeny Jun 2016

Trapped In Public: The Regulation Of Street Harassment And Cyber-Harassment Under The Captive Audience Doctrine, Joanne Sweeny

Nevada Law Journal

No abstract provided.

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Panhandling After Mccullen V. Coakley, Cynthia Barmore Mar 2016

Panhandling After Mccullen V. Coakley, Cynthia Barmore

Nevada Law Journal

No abstract provided.

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When Immigrants Speak: The Precarious Status Of Non-Citizen Speech Under The First Amendment, Michael Kagan Jan 2016

When Immigrants Speak: The Precarious Status Of Non-Citizen Speech Under The First Amendment, Michael Kagan

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The legal protection of free speech for immigrants in the United States is surprisingly limited, and it may be under more threat than is commonly understood. Although many unauthorized immigrants have become politically active in campaigning for immigration reform, their ability to speak out publicly may depend more on political discretion than on the Constitutional protections that we normally take for granted. Potential threats to immigrant free speech may be seen in three areas of law. First, a broad claim has been made by the Department of Justice that immigrants who have not been legally admitted to the country have …

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Speaker Discrimination: The Next Frontier Of Free Speech, Michael Kagan Jan 2015

Speaker Discrimination: The Next Frontier Of Free Speech, Michael Kagan

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Citizens United v. FEC articulated a new pillar of free speech doctrine that is independent from the well-known controversies about corporate personhood and the role of money in elections. For the first time, the Supreme Court clearly said that discrimination on the basis of the identity of the speaker offends the First Amendment. Previously, the focus of free speech doctrine had been on the content and forum of speech, not on the identity of the speaker. This new doctrine has the potential to reshape free speech law far beyond the corporate speech and campaign finance contexts. This article explores the …

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Do Immigrants Have Freedom Of Speech?, Michael Kagan Jan 2015

Do Immigrants Have Freedom Of Speech?, Michael Kagan

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The Department of Justice recently argued that immigrants who have not been legally admitted to the United States have no right to claim protections under the First Amendment. If the DOJ argument is right, then most of the 11 million unauthorized immigrants in the U.S. could be censored or punished for speaking their minds – as many of them have in support of comprehensive immigration reform and the Dream Act. This Essay explores the complicated and conflicted case law governing immigrants’ free speech rights, and argues that, contrary to the DOJ position, all people in the United States are protected …

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A Word Of Warning From A Woman: Arbitrary, Categorical, And Hidden Religious Exemptions Threaten Lgbt Rights, Leslie C. Griffin Jan 2015

A Word Of Warning From A Woman: Arbitrary, Categorical, And Hidden Religious Exemptions Threaten Lgbt Rights, Leslie C. Griffin

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Religious exemptions have already undermined women’s rights. Now exemptions threaten gays and lesbians. The Constitution protected women’s equality and liberty until religious exemptions eroded them. Today, as gays and lesbians stand on the threshold of marriage equality, religious exemptions threaten to diminish their hard-earned constitutional right. For this reason, I argue it is past time to reject the religious exemption theory of religious liberty, which privileges religion over civil and constitutional rights, in favor of neutral laws that govern all. Religious exemptions pervade American law in numerous ways that are harmful to civil rights.

In this essay, I identify three …

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Citizenship At Work: How The Supreme Court Politically Marginalized Public Employees, Ruben J. Garcia Mar 2014

Citizenship At Work: How The Supreme Court Politically Marginalized Public Employees, Ruben J. Garcia

Nevada Law Journal

No abstract provided.

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Smith And Women's Equality, Leslie C. Griffin Jan 2011

Smith And Women's Equality, Leslie C. Griffin

Scholarly Works

No abstract provided.

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Snyder V. Phelps: Searching For A Legal Standard, Leslie C. Griffin Jan 2010

Snyder V. Phelps: Searching For A Legal Standard, Leslie C. Griffin

Scholarly Works

No abstract provided.

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Teaching Freedom: Exclusionary Rights Of Student Groups, Joan W. Howarth Jan 2009

Teaching Freedom: Exclusionary Rights Of Student Groups, Joan W. Howarth

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Progressive, anti-subordination values support robust First Amendment protection for high school and university students, including strong rights of expressive association, even when those rights clash with educational institutions' nondiscrimination policies. The leading cases addressing the conflicts between nondiscrimination policies and exclusionary student groups are polarized and distorted by their culture war context. That context tainted the leading authority, Boy Scouts of America v. Dale, and is especially salient in the student expressive association cases, many of which are being aggressively litigated by religious groups with strong anti-homosexuality goals. The strength of these First Amendment claims can be difficult to recognize …

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No Law Respecting The Practice Of Religion, Leslie C. Griffin Jan 2008