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Full-Text Articles in Law
There Are No Racists Here: The Rise Of Racial Extremism, When No One Is Racist, Jeannine Bell
There Are No Racists Here: The Rise Of Racial Extremism, When No One Is Racist, Jeannine Bell
Articles by Maurer Faculty
At first glance hate murders appear wholly anachronistic in post-racial America. This Article suggests otherwise. The Article begins by analyzing the periodic expansions of the Supreme Court’s interpretation of the protection for racist expression in First Amendment doctrine. The Article then contextualizes the case law by providing evidence of how the First Amendment works on the ground in two separate areas — the enforcement of hate crime law and on university campuses that enact speech codes. In these areas, those using racist expression receive full protection for their beliefs. Part III describes social spaces — social media and employment where …
The Jekyll And Hyde Of First Amendment Limits On The Regulation Of Judicial Campaign Speech, Charles G. Geyh
The Jekyll And Hyde Of First Amendment Limits On The Regulation Of Judicial Campaign Speech, Charles G. Geyh
Articles by Maurer Faculty
No abstract provided.
Online Privacy And The First Amendment: An Opt-In Approach To Data Processing, Joseph A. Tomain
Online Privacy And The First Amendment: An Opt-In Approach To Data Processing, Joseph A. Tomain
Articles by Maurer Faculty
An individual has little to no ability to prevent online commercial actors from collecting, using, or disclosing data about her. This lack of individual choice is problematic in the Big Data era because individual privacy interests are threatened by the ever increasing number of actors processing data, as well as the ever increasing amount and types of data being processed. This Article argues that online commercial actors should be required to receive an individual’s opt-in consent prior to data processing as a way of protecting individual privacy. I analyze whether an opt-in requirement is constitutionally permissible under the First Amendment …
Religion, Government, And Law In The Contemporary United States, Daniel O. Conkle
Religion, Government, And Law In The Contemporary United States, Daniel O. Conkle
Articles by Maurer Faculty
In this Essay, I discuss the relationship between religion and government in the contemporary United States, addressing the period from the 1940s to the present. In so doing, I explore questions of religious liberty, including the protection of religious “free exercise” as well as the constitutional prohibition on the establishment of religion, a prohibition that sometimes - but not always - has been construed to require a “wall of separation” between church and state. I focus especially on the Supreme Court’s evolving interpretations of the First Amendment during this period, which, I suggest, were influenced by broader religious, cultural, and …
First Amendment, Fourth Estate, And Hot News: Misappropriation Is Not A Solution To The Journalism Crisis, Joseph A. Tomain
First Amendment, Fourth Estate, And Hot News: Misappropriation Is Not A Solution To The Journalism Crisis, Joseph A. Tomain
Articles by Maurer Faculty
Journalism is a public good. The Framers understood the importance of a free press in a self-governing society and embedded a structural right for freedom of the press in the First Amendment. There is a journalism crisis. Symptoms of the crisis include layoffs of journalists, diminishing content in newspapers and shuttering of newspapers. The rise of online technologies has exacerbated the crisis, mainly by siphoning advertising revenue away from traditional news organizations to free classified advertisement websites such as Craigslist, search engines and myriad other non-journalistic online endeavors. The internet, however, is not the main cause of the journalism crisis. …
Cyberspace Is Outside The Schoolhouse Gate: Offensive, Online Student Speech Receives First Amendment Protection, Joseph A. Tomain
Cyberspace Is Outside The Schoolhouse Gate: Offensive, Online Student Speech Receives First Amendment Protection, Joseph A. Tomain
Articles by Maurer Faculty
Normative and doctrinal analysis shows that schools do not possess jurisdiction over offensive online student speech, at least when it does not cause a substantial disruption of the school environment. This article is a timely analysis on the limits of school jurisdiction over offensive online student speech.
On February 4, 2010, two different Third Circuit panels issued opinions reaching opposite conclusions on whether schools may punish students based on online speech created by students when they are off-campus. The Third Circuit vacated both decisions and is considering these cases in a consolidated en banc appeal. Another case addressing the same …
American-Arab -- Getting The Balance Wrong -- Again!, John A. Scanlan
American-Arab -- Getting The Balance Wrong -- Again!, John A. Scanlan
Articles by Maurer Faculty
No abstract provided.
The First Amendment, Children, The Internet, And America's Public Libraries, Fred H. Cate
The First Amendment, Children, The Internet, And America's Public Libraries, Fred H. Cate
Articles by Maurer Faculty
No abstract provided.
Untying The State Action Knot, Craig M. Bradley
Untying The State Action Knot, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.
Telephone Companies, The First Amendment, And Technological Convergence, Fred H. Cate
Telephone Companies, The First Amendment, And Technological Convergence, Fred H. Cate
Articles by Maurer Faculty
No abstract provided.
The First Amendment And The National Information Infrastructure, Fred H. Cate
The First Amendment And The National Information Infrastructure, Fred H. Cate
Articles by Maurer Faculty
What the First Amendment status of electronic information should be is a fundamental question which must be addressed in any attempt to arrive at appropriate legal standards to protect the multifarious interests of the users of cyberspace. Yet, despite its importance, the First Amendment has largely been ignored in the debate surrounding what sort of legal framework should control the emerging National Information Infrastructure. Professor Cate surveys the current terrain of First Amendment jurisprudence and describes the different analytical approaches which may be taken. Doctrinal anomalies such as the law of common carriage indicate that at times the courts have …
N.O.W. V. Scheidler: Rico Meets The First Amendment, Craig M. Bradley
N.O.W. V. Scheidler: Rico Meets The First Amendment, Craig M. Bradley
Articles by Maurer Faculty
A look at the controversial N.O.W. v. Scheidler case.
Feminist Jurisprudence And Free Speech Theory, Susan H. Williams
Feminist Jurisprudence And Free Speech Theory, Susan H. Williams
Articles by Maurer Faculty
No abstract provided.
Content Discrimination And The First Amendment, Susan H. Williams
Content Discrimination And The First Amendment, Susan H. Williams
Articles by Maurer Faculty
No abstract provided.
The First Amendment And The International "Free Flow" Of Information, Fred H. Cate
The First Amendment And The International "Free Flow" Of Information, Fred H. Cate
Articles by Maurer Faculty
No abstract provided.
Aliens In The Marketplace Of Ideas: The Government, The Academy, And The Mccarran-Walter Act, John A. Scanlan
Aliens In The Marketplace Of Ideas: The Government, The Academy, And The Mccarran-Walter Act, John A. Scanlan
Articles by Maurer Faculty
No abstract provided.
Toward A General Theory Of The Establishment Clause, Daniel O. Conkle
Toward A General Theory Of The Establishment Clause, Daniel O. Conkle
Articles by Maurer Faculty
No abstract provided.
Book Review. Church-State Relationships In America By Gerald V. Bradley, Richard M. Fraher
Book Review. Church-State Relationships In America By Gerald V. Bradley, Richard M. Fraher
Articles by Maurer Faculty
No abstract provided.
A "Conservative" Judge And The First Amendment: Judicial Restraint And Freedom Of Expression, Daniel O. Conkle
A "Conservative" Judge And The First Amendment: Judicial Restraint And Freedom Of Expression, Daniel O. Conkle
Articles by Maurer Faculty
No abstract provided.
Reinterpreting The Religion Clauses: Constitutional Construction And Conceptions Of The Self, Susan H. Williams
Reinterpreting The Religion Clauses: Constitutional Construction And Conceptions Of The Self, Susan H. Williams
Articles by Maurer Faculty
The first amendment guarantees freedom from "law[s] respecting an establishment of religion or prohibiting the free exercise thereof." The apparent tension between the two clauses of this provision has generated judicial confusion and scholarly disagreement. The perceived conflict between the religion clauses is the product of a particular understanding of what is most fundamental about human identity and the human situation - an understanding that derives from classical liberal political theory and that assumes a sharp division between the individual and his community. This Note proposes an alternative to the liberal conception of human identity, one that encompasses both the …
Libraries, Librarians And First Amendment Freedoms, Robert M. O'Neil
Libraries, Librarians And First Amendment Freedoms, Robert M. O'Neil
Articles by Maurer Faculty
No abstract provided.
The Military Courts And Servicemen's First Amendment Rights, Edward F. Sherman
The Military Courts And Servicemen's First Amendment Rights, Edward F. Sherman
Articles by Maurer Faculty
No abstract provided.
The Barenblatt Decision Of The Supreme Court And The Academic Profession, Ralph F. Fuchs
The Barenblatt Decision Of The Supreme Court And The Academic Profession, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
State Constitutions, State Courts And First Amendment Freedoms, Monrad G. Paulsen
State Constitutions, State Courts And First Amendment Freedoms, Monrad G. Paulsen
Articles by Maurer Faculty
No abstract provided.
Book Review. Free Speech And Its Relation To Self-Government By Alexander Meiklejohn, John P. Frank
Book Review. Free Speech And Its Relation To Self-Government By Alexander Meiklejohn, John P. Frank
Articles by Maurer Faculty
No abstract provided.
Religious Liberty And The Fourteenth Amendment, Ivan C. Rutledge
Religious Liberty And The Fourteenth Amendment, Ivan C. Rutledge
Articles by Maurer Faculty
No abstract provided.