Constitutional Law Commons^™

Press Freedom's History And Tradition, Ronnell Andersen Jones, Sonja R. West

Scholarly Works

Backward-looking, history-and-tradition analysis is gaining greater prominence at the U.S. Supreme Court. While the Court has not yet explicitly applied its history-and-tradition framework to press freedom questions, the methodology’s dominance across other areas, coupled with some urgent concerns about the scope of newsgatherer protections and some Justices’ interest in reconsidering long-established precedent, suggest that this application could be imminent. In anticipation of that moment, we set out to empirically map the Court’s engagement with the history and tradition of press freedom in its rhetoric over time. Our goals were to explore, both quantitatively and qualitatively, how the Court’s Justices have …

Remote Access Restrictions To Immigration-Related Court Records, Doris H. Zhang

Fordham Law Review

Journalists today often report on newsworthy federal court cases by remotely accessing the court records online. However, thanks to Federal Rule of Civil Procedure 5.2(c), remote access is not available by default in immigration-related cases. To obtain any court records in immigration cases, journalists must go to the courthouse, hire someone to go on their behalf, or ask the court to exercise its discretion to lift the Rule 5.2(c) remote access restrictions. These alternatives are burdensome, hindering the ability of the press and the public to keep track of immigration cases in federal courts. Despite the burdens on the press …

Moody V. Netchoice And Telecom Law's First Amendment, Blake Reid

Publications

No abstract provided.

Jawbreaking And Counterboning, Blake Reid

Publications

FCC Chairman Brendan Carr’s public campaign of unlawful threats against television broadcasters, culminating in the high-profile preemption and later return to air of late-night host Jimmy Kimmel, provides an important natural experiment for the law of jawboning. The Kimmel-Carr episode highlights the challenges of legal remedies against government officials over even the most flagrantly coercive, unlawful, and public jawbones. It also highlights the importance of intermediaries refusing to comply with unlawful demands—what this Essay calls jawbreaking.

Using the Kimmel-Carr episode as a case study, this Essay proposes moving beyond voluntary incentives for jawbreaking to impose a mandatory duty to jawbreak …

The Unconstitutional Attempt To Criminalize Naming Ice Agents, Noah C. Chauvin

Faculty Articles

Some members of Congress propose to make it a crime to publish the name of a federal official with the intent of obstructing that official’s law or immigration enforcement duties. This Essay considers whether the lawmakers’ bill, the Protecting Law Enforcement from Doxxing Act, is consistent with the First Amendment. It is not.

Taxing The Architecture: A Structural Remedy For Disinformation In The Algorithmic Marketplace, Padmakshi Sharma

LL.M. Essays & Theses

This paper argues that the constitutional assumption that truth will prevail over falsehood in the marketplace of ideas has always depended on three structural preconditions. These conditions were: distributive parity for counter-speech, institutional segmentation of the information environment, and epistemic credibility signals that allowed non-expert audiences to distinguish authoritative from non-authoritative sources. Together, these conditions ensured that truth was granted a structural advantage sufficient to offset the harms of falsehood. Social media platforms have destroyed all of these conditions. The destruction is a consequence of an economic model organized around behavioral advertising and engagement maximization, which systematically amplifies disinformation over …

Sacred Or Sham? Strengthening Judicial Review Of Religious Sincerity Under The Free Exercise Clause Article Title, Montana Martinez

Faculty Scholarship

While the Court has expanded the scope of Free Exercise protections, it has conspicuously failed to articulate how courts should separate sincere religious claims from fraudulent ones. The result is a doctrinal void: any claimant can recast political or philosophical objections as "religious" and demand constitutional protection. The risk is that the Free Exercise Clause, if stripped of any sincerity filter, will collapse into a generalized right to exemption from law. This Article argues that courts can assess religious sincerity without evaluating the truth or validity of the religious belief, and it proposes a framework grounded in the constitutional text, …

Status, Conduct, Belief, And Message: The Wedding Vendor Cases, Mark L. Movsesian

Chicago-Kent Law Review

No abstract provided.

Catholic Institutions And The Religion Clauses: Faith In A Liberal Democracy, Angela C. Carmella

Chicago-Kent Law Review

No abstract provided.

Can First Amendment "History And Tradition" Protect Both Sides In Polarized America?, Thomas C. Berg

Chicago-Kent Law Review

No abstract provided.

"Simple Accommodation": A Solution For Conflicts Between Religious Claims And Secular Law?, Laura S. Underkuffler

Chicago-Kent Law Review

No abstract provided.

The Ten Commandments In Louisiana Public Schools: A Study In The Survival Of Establishment Norms, Ira C. Lupu, Robert W. Tuttle

Chicago-Kent Law Review

No abstract provided.

Religious Liberty And The Constitution, Steven J. Heyman

Chicago-Kent Law Review

No abstract provided.

Introduction To Symposium — In Search Of Common Ground: Religion And Secularism In A Liberal Democratic Society, Kathleen A. Brady, Steven J. Heyman

Chicago-Kent Law Review

No abstract provided.

History, Tradition, And Finding Common Ground: The Establishment Clause And Religious Expression By The State, Kathleen A. Brady

Chicago-Kent Law Review

No abstract provided.

Jurisdictional Diversity, Tradition, And The Religion Clauses, Steven D. Smith

Chicago-Kent Law Review

No abstract provided.

Attempting To Protect The Liberty And Equality Of Minority Faiths And Nonreligious Individuals When The Surpreme Court Will Not Do So, Alan Brownstein

Chicago-Kent Law Review

No abstract provided.

The Supreme Court's Gay Rights-Religious Liberty Contortions, Andrew Koppelman

Chicago-Kent Law Review

No abstract provided.

Religious Employment And The Tensions Between Liberty And Equality, R. Shawn Gunnarson, James C. Phillips, Christopher A. Bates

BYU Law Review

Located in Title VII of the Civil Rights Act of 1964 is an exemption for religious employers that is often misunderstood. Often courts and commentators mischaracterize it as a narrow privilege for religious employers to hire people of the same religion. But the statute’s text says otherwise. This article resolves interpretive debates about the meaning and application of the religious employer exemption through a close textualist reading that discovers a new understanding of the structure of Title VII. Our approach applies the tools of textualism, the prevailing theory of statutory interpretation. Paying attention to the text and structure of Title …

Insider Trading & Unconstitutionally Compelled Speech, Steven J. Cleveland

Villanova Law Review (1956 - )

No abstract provided.

Can’T Blaine A State For Trying: Writing A Constitutional Blaine Amendment After Carson V. Makin, Ry Stratton

Villanova Law Review (1956 - )

No abstract provided.

Disregarding Severability, Kevin C. Walsh

Catholic University Law Review

The infirmities of severability doctrine have elicited increased attention at the Supreme Court. In his application of severability doctrine for a five-Justice majority in United States v. Arthrex, Inc., Chief Justice Roberts began to reformulate the doctrine in a way that can free the Court from the misleading mental imagery conjured by the conception of courts as “severing” provisions from a statute. Roberts's reformulation more properly depicts the relevant judicial activity to be judicial disregard of statutory rules to avoid unconstitutional applications of law rather than judicial severance of textual provisions to fix a problem that inheres in the …

Diplomacy Derailed: Discrimination’S Detour On Route 40, Gage A. Kivlen

Masters Theses, 2020-current

The 1961 Route 40 campaign in Maryland became a critical battleground where three competing approaches to addressing racial segregation revealed deep contradictions in Cold War America. Route 40, a major highway between Washington D.C. and New York, became an international embarrassment when African diplomats from newly independent nations were repeatedly refused service at restaurants and hotels. This crisis prompted responses from three distinct actors: the Congress of Racial Equality (CORE), which employed grassroots organizing and direct action; the State Department's Special Protocol Service Section (SPSS), which pursued top-down diplomatic solutions; and the Federal Bureau of Investigation (FBI), which conducted extensive …

Disclosures, Disclaimers, And Disinformation Advertising, Areeb Asif

Northwestern Journal of Law & Social Policy

Every regular internet user in the United States has been exposed to fake news at some point. Most of them, if not all, would agree that this problem needs a solution. Nevertheless, even as fake news has taken on unforeseen prominence in recent years, very little concrete action has been taken to curb its impact on American society. Some scholars have chalked this up to the Supreme Court’s expansive conception of the First Amendment, which makes it incredibly challenging to regulate political speech. Others posit that the problem is Section 230, which allows platforms to profit from fake news without …

Greenhat’S Greenlight To The Cftc: The Case For A Jurisdictional Shift Of Financial Transmission Rights From The Federal Energy Regulatory Commission To The Commodity Futures Trading Commission, Timothy K. Shaw Ii

DePaul Business & Commercial Law Journal

Regional Transmission Organizations and Independent System Operators are a relatively new platform to buy and sell wholesale electricity and transmission service of that electricity. These groundbreaking organizations have been around since 1996 after the Federal Energy Regulatory Commission (“FERC”) issued Order 888. FERC regulates the physical electricity wholesale sale and transmission service market managed by a Regional Transmission Organization (“RTO”) or Independent System Operator (“ISO”),through its Federal Power Act mandate. Many RTOs and ISOs offer a product called a Financial Transmission Right (“FTR”). Traditionally, FTRs assist the holder by providing price certainty, or a hedge, in the capacity market. This …

Choosing The Best Entity For Investments Trading After Understanding The Tax Limitations And Restrictions, Ray A. Knight, Joseph Lakatos

DePaul Business & Commercial Law Journal

The trading of various securities is subject to market rules. However, when securities trading is completed within a business entity, the entity is subject to tax limitations and restrictions. The tax benefits cannot be the dominant purpose for the entity structure; economic substance including profit motive and business purpose for each transaction must be able to be shown.

The trading of investment securities must be housed in the right entity to gain the best economic results as well as to minimize the tax burden. The entity selection process must first consider the characteristics and nature of the securities (e.g., currencies, …

Volume 23 - Front Matter

DePaul Business & Commercial Law Journal

No abstract provided.

Who Counts As A "Reasonable Employee"? The Third Circuit's Bungling Of Section 8(A)(1) Violations, Ben Milstein

Washington Law Review

The National Labor Relations Act (NLRA) protects private employees’ right to unionize and collectively bargain with their employers. Section 7 of the NLRA guarantees employees the right to self-organize labor unions, while section 8 outlines numerous unfair labor practices. Specifically, section 8(a)(1) bans employer interference, coercion, or restraint of any section 7 rights. In a 2022 case, FDRLST Media v. NLRB, the Third Circuit Court of Appeals reversed a National Labor Relations Board (NLRB) finding that FDRLST Media’s executive officer’s tweet constituted a section 8(a)(1) violation. This Comment examines the history of section 8(a)(1) violations, specifically discussing the widely …

From The Bench To The Feed: Conflict Between Public Official Accounts And The First Amendment, Betty Yu

Washington Law Review

Imagine one day waking up, opening Facebook, and discovering that the official White House account blocked you because you left a comment expressing a viewpoint. In this case, your First Amendment right to free speech would most likely be violated. However, what happens if your local official blocks you or deletes your comments? Are your First Amendment rights violated? Well, it depends.

Historically, public officials have used public forums such as town halls to meet with citizens and answer questions. However, as social media platforms like X and Facebook have become increasingly crucial tools for communication, the distinction between personal …

Divine Detachment: Beachy V. Assemblies Of God And A New Interpretation Of The Ecclesiastical Abstention Doctrine, Juarez Mcleod Johnson

MC Law Review

In the landmark case of Beachy v. Mississippi District Council for Assemblies of God, the Mississippi Supreme Court redefined its interpretation of the ecclesiastical abstention doctrine—marking a pivotal shift in church-state jurisprudence. Traditionally, this doctrine instructed courts to defer to the highest internal authority of a church when deciding disputes within hierarchical religious organizations. However, the court’s decision in Beachy significantly departed from this principle by designating the local pastor and congregation as the supreme authority over local church affairs, even within a hierarchical structure.

This Casenote explores the profound implications of the Supreme Court’s ruling, focusing on its …