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Freedom of speech

First Amendment

Pepperdine Law Review

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Disrupting The Narrative: Diving Deeper Into Section 230 Political Discourse, Koustubh “K.J.” Bagchi, Elizabeth Banker, Ife Ogunleye Jul 2023

Disrupting The Narrative: Diving Deeper Into Section 230 Political Discourse, Koustubh “K.J.” Bagchi, Elizabeth Banker, Ife Ogunleye

Pepperdine Law Review

Online spaces have undoubtedly played a significant role in facilitating discourse and the exchange of information. With this increased discourse, however, digital platforms have also seen a rise in harmful or problematic content shared online––including health misinformation, hate speech, and child sex abuse material, among others. Many commentators have put the blame for this trend on Section 230, arguing that Section 230 has enabled the spread of harmful content and suggesting that Section 230 ought to be amended or replaced. This Essay, by contrast, argues that the current narrative about Section 230 gets it wrong. In reality, Section 230 has …


Fighting Words Today, R. George Wright Jun 2022

Fighting Words Today, R. George Wright

Pepperdine Law Review

For some time, the familiar free speech exception known as the “fighting words” doctrine has been subject to severe judicial and scholarly critique. It turns out, though, that the fighting words doctrine, in general, is neither obsolete nor in need of radical limitation. The traditionally neglected “inflict injury” prong of the fighting words doctrine can and should be vitalized, with only a minimal loss, if not an actual net gain, in promoting the basic purposes of freedom of speech in the first place. And the “reactive violence” prong can and should be relieved of its historic biases and dubious assumptions. …


Response: Situating Ourselves In History, Steven D. Smith Feb 2015

Response: Situating Ourselves In History, Steven D. Smith

Pepperdine Law Review

The author presents his views on history of religious freedom incorporated in his Brandeis lecture and in the book "The Rise and Decline of American Religious Freedom." Topics discussed include hegemonic status of special protection to religious freedom for legal academics, role of ending religious freedom in providing protection to religious actors under other constitutional provisions like free speech, and impact of ending religious freedom on other freedom like freedom of association.


The Last Chapter?, Steven D. Smith Feb 2015

The Last Chapter?, Steven D. Smith

Pepperdine Law Review

An essay is presented in which the author presents contrasting views of law professors at Stanford and Harvard University, Michael McConnell and Noah Feldman respectively on religious freedom. Topics discussed include requirement of special protection to religious freedom, protection of religious belief and expression under other constitutional provisions such as freedom of speech, and the failure of Obama Administration in providing special freedom of association to religious associations.


Lindros V. Governing Board Of Torrance Unified School District , Patrick Callahan May 2013

Lindros V. Governing Board Of Torrance Unified School District , Patrick Callahan

Pepperdine Law Review

No abstract provided.


Comment: First Amendment Rights Of Prisoners To Have Access To The News Media In Relation To Administrative Policy Bans Upon Such Access , Sharon Hass May 2013

Comment: First Amendment Rights Of Prisoners To Have Access To The News Media In Relation To Administrative Policy Bans Upon Such Access , Sharon Hass

Pepperdine Law Review

No abstract provided.


California V. Larue: The Demise Of The “Bottomless” Bar , Doris M. Felman May 2013

California V. Larue: The Demise Of The “Bottomless” Bar , Doris M. Felman

Pepperdine Law Review

No abstract provided.


Sarong Gals: Green Light For The Red Light Abatement Law, Donald Lewis Briggs May 2013

Sarong Gals: Green Light For The Red Light Abatement Law, Donald Lewis Briggs

Pepperdine Law Review

No abstract provided.


Deceptive Advertising And The Federal Trade Commission: A Perspective, Larry T. Pleiss Feb 2013

Deceptive Advertising And The Federal Trade Commission: A Perspective, Larry T. Pleiss

Pepperdine Law Review

No abstract provided.


Judicial Review Of The Zoning Of Adult Entertainment: A Search For The Purposeful Suppression Of Protected Speech, Alfred C. Yen Jan 2013

Judicial Review Of The Zoning Of Adult Entertainment: A Search For The Purposeful Suppression Of Protected Speech, Alfred C. Yen

Pepperdine Law Review

The conflict surrounding the zoning of adult entertainment is not novel. The antagonism stems from a community's right to provide for its social welfare and the adult entertainment provider's right to freedom of speech and expression. This article examines the evolution of the federal courts' analysis in this area. The author concludes by stating that the current method of review is not the most efficient. In its place, he proposes a new method that makes analysis simpler for both laypersons and the courts.


Thornburgh V. Abbott: Slamming The Prison Gates On Constitutional Rights, Megan M. Mcdonald Jan 2013

Thornburgh V. Abbott: Slamming The Prison Gates On Constitutional Rights, Megan M. Mcdonald

Pepperdine Law Review

No abstract provided.


Texas V. Johnson: The Constitutional Protection Of Flag Desecration, Patricia Lofton Jan 2013

Texas V. Johnson: The Constitutional Protection Of Flag Desecration, Patricia Lofton

Pepperdine Law Review

No abstract provided.


Building The House On A Weak Foundation: Edenfield V. Fane And The Current State Of The Commercial Speech Doctrine, Dennis William Bishop Nov 2012

Building The House On A Weak Foundation: Edenfield V. Fane And The Current State Of The Commercial Speech Doctrine, Dennis William Bishop

Pepperdine Law Review

No abstract provided.


A First Amendment Exception To The "Collateral Bar" Rule: Protecting Freedom Of Expression And The Legitimacy Of Courts, Richard Labunski Nov 2012

A First Amendment Exception To The "Collateral Bar" Rule: Protecting Freedom Of Expression And The Legitimacy Of Courts, Richard Labunski

Pepperdine Law Review

No abstract provided.


The Fourth Estate And The Third Level: Turner Broadcasting System, Inc. V. Federal Communications Commission—Cable Television And Intermediate Scrutiny, R. Stuart Phillips Oct 2012

The Fourth Estate And The Third Level: Turner Broadcasting System, Inc. V. Federal Communications Commission—Cable Television And Intermediate Scrutiny, R. Stuart Phillips

Pepperdine Law Review

No abstract provided.


Madsen V. Women's Health Center, Inc.: Striking An Unequal Balance Between The Right Of Women To Obtain An Abortion And The Right Of Pro-Life Groups To Freedom Of Expression, Keli N. Osaki Oct 2012

Madsen V. Women's Health Center, Inc.: Striking An Unequal Balance Between The Right Of Women To Obtain An Abortion And The Right Of Pro-Life Groups To Freedom Of Expression, Keli N. Osaki

Pepperdine Law Review

No abstract provided.


"Riding With The Cops And Cheering For The Robbers:" Employee Speech, Doctrinal Cubbyholes, And The Duty Of Loyalty, Marvin F. Hill Jr., James A. Wright Oct 2012

"Riding With The Cops And Cheering For The Robbers:" Employee Speech, Doctrinal Cubbyholes, And The Duty Of Loyalty, Marvin F. Hill Jr., James A. Wright

Pepperdine Law Review

No abstract provided.


Meiklejohn, Monica, & Mutilation Of The Thinking Process, Clay Calvert Oct 2012

Meiklejohn, Monica, & Mutilation Of The Thinking Process, Clay Calvert

Pepperdine Law Review

No abstract provided.


Televised Political Debates And Arkansas Educational Television Commission V. Forbes: Excluding The Public From Public Broadcasting, Joshua Dale Oct 2012

Televised Political Debates And Arkansas Educational Television Commission V. Forbes: Excluding The Public From Public Broadcasting, Joshua Dale

Pepperdine Law Review

No abstract provided.


Corporate Criticism On The Internet: The Fine Line Between Anonymous Speech And Cybersmear, Scot Wilson May 2012

Corporate Criticism On The Internet: The Fine Line Between Anonymous Speech And Cybersmear, Scot Wilson

Pepperdine Law Review

No abstract provided.


Ashcroft V. Free Speech Coalition: How Can Virtual Child Pornography Be Banned Under The First Amendment?, Virginia F. Milstead Apr 2012

Ashcroft V. Free Speech Coalition: How Can Virtual Child Pornography Be Banned Under The First Amendment?, Virginia F. Milstead

Pepperdine Law Review

No abstract provided.


Is Spam The Rock Of Sisyphus?: Whether The Can-Spam Act And Its Global Counterparts Will Delete Your E-Mail, Amy G. Marino Mar 2012

Is Spam The Rock Of Sisyphus?: Whether The Can-Spam Act And Its Global Counterparts Will Delete Your E-Mail, Amy G. Marino

Pepperdine Law Review

No abstract provided.


Inculcation, Bias, And Viewpoint Discrimination In Public Schools, Lisa Shaw Roy Mar 2012

Inculcation, Bias, And Viewpoint Discrimination In Public Schools, Lisa Shaw Roy

Pepperdine Law Review

No abstract provided.


Civil Rights, Erwin Chemerinsky Mar 2012

Civil Rights, Erwin Chemerinsky

Pepperdine Law Review

No abstract provided.


"Raised Eyebrows" Over Satellite Radio: Has Pacifica Met Its Match?, Aurele Danoff Mar 2012

"Raised Eyebrows" Over Satellite Radio: Has Pacifica Met Its Match?, Aurele Danoff

Pepperdine Law Review

No abstract provided.


Free Speech, Kathleen M. Sullivan Mar 2012

Free Speech, Kathleen M. Sullivan

Pepperdine Law Review

No abstract provided.


Red Lion And Pacifica: Are They Relics?, L. A. Powe Jr Feb 2012

Red Lion And Pacifica: Are They Relics?, L. A. Powe Jr

Pepperdine Law Review

No abstract provided.


The Future Of Free Expression In A Digital Age, Jack M. Balkin Feb 2012

The Future Of Free Expression In A Digital Age, Jack M. Balkin

Pepperdine Law Review

In the twenty-first century, at the very moment that our economic and social lives are increasingly dominated by information technology and information flows, the judge-made doctrines of the First Amendment seem increasingly irrelevant to the key free speech battles of the future. The most important decisions affecting the future of freedom of speech will not occur in constitutional law; they will be decisions about technological design, legislative and administrative regulations, the formation of new business models, and the collective activities of end-users. Moreover, the values of freedom of expression will become subsumed within a larger set of concerns that I …


Can Freedom Of Speech Bear The Twenty-First Century's Weight?, Lillian R. Bevier Feb 2012

Can Freedom Of Speech Bear The Twenty-First Century's Weight?, Lillian R. Bevier

Pepperdine Law Review

No abstract provided.


Campaign Finance Regulation And The Marketplace Of Emotions, Barry P. Mcdonald Feb 2012

Campaign Finance Regulation And The Marketplace Of Emotions, Barry P. Mcdonald

Pepperdine Law Review

This essay examines the validity, in light of new empirical research, of the free speech theory the U.S. Supreme Court uses to justify the doctrines it currently employs to assess the constitutionality of campaign finance regulations. The Court’s model, which Professor McDonald terms the theory of 'stimulated democratic deliberation,' assumes that an unlimited quantity of campaign-related communications will result in increased public deliberation about ideas and better informed citizens, which in turn will result in better decisions about candidates for political office. In short, this model assumes that rational thought and deliberation about important issues of the day drive voter …