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Open Access. Powered by Scholars. Published by Universities.®

First Amendment

2018

Constitutional Law

St. John's University School of Law

Articles 1 - 3 of 3

Full-Text Articles in Law

Reasonable Action: Reproductive Rights, The Free Exercise Clause, And Religious Freedom In The United States And The Republic Of Ireland, Liam Ray Sep 2018

Reasonable Action: Reproductive Rights, The Free Exercise Clause, And Religious Freedom In The United States And The Republic Of Ireland, Liam Ray

St. John's Law Review

(Excerpt)

This Note will argue that by denying certiorari in Stormans v. Wiesman, the Supreme Court missed an important opportunity to provide guidance to the states as to how the Free Exercise Clause applies to the kind of stocking and dispensing regulations adopted by the State of Washington. This Note will further argue from a policy perspective that the approach to these kinds of regulations adopted by the Republic of Ireland (“ROI”) presents the best approach for states to adopt because it provides a balance in terms of respecting the free exercise rights of pharmacists and pharmacy owners with …


The New Governors: The People, Rules And Processes Governing Online Speech, Kate Klonick Jan 2018

The New Governors: The People, Rules And Processes Governing Online Speech, Kate Klonick

Faculty Publications

Private online platforms have an increasingly essential role in free speech and participation in democratic culture. But while it might appear that any internet user can publish freely and instantly online, many platforms actively curate the content posted by their users. How and why these platforms operate to moderate speech is largely opaque.

This Article provides the first analysis of what these platforms are actually doing to moderate online speech under a regulatory and First Amendment framework. Drawing from original interviews, archived materials, and internal documents, this Article describes how three major online platforms — Facebook, Twitter, and YouTube — …


Brand Renegades Redux, Jeremy N. Sheff Jan 2018

Brand Renegades Redux, Jeremy N. Sheff

Faculty Publications

In "Brand Renegades," 1 NYU J. Intell. Prop. & Ent. L. 128 (2011), I identified a new frontier in trademark enforcement: consumers who use branded products out of affiliation with some aspects of the image cultivated by the brand owner, but whose conspicuous consumption of the brand generates social meanings that are inconsistent with that image. As far-right political movements have built momentum in the consumer economies of the West, this type of "brand renegade" consumption has taken a much darker turn. Over the past two years, neo-Nazis and white supremacists have conspicuously adopted well-known brands in their bids to …