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First Amendment Commons™

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Brigham Young University Law School

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Articles 91 - 120 of 223

Full-Text Articles in First Amendment

Mill, Holmes, Brandeis And A True Threat To Brandenburg, Mark Strasser Mar 2012

Mill, Holmes, Brandeis And A True Threat To Brandenburg, Mark Strasser

Brigham Young University Journal of Public Law

No abstract provided.


Humanitarian Law Project And The Supreme Court's Construction Of Terrorism, Wadie E. Said Dec 2011

Humanitarian Law Project And The Supreme Court's Construction Of Terrorism, Wadie E. Said

BYU Law Review

No abstract provided.


The New Resident Evil? State Regulation Of Violent Video Games And The First Amendment, James Dunkelberger Dec 2011

The New Resident Evil? State Regulation Of Violent Video Games And The First Amendment, James Dunkelberger

BYU Law Review

No abstract provided.


The Tension Within The Religion Clause Of The First Amendment, Thomas B. Griffith Sep 2011

The Tension Within The Religion Clause Of The First Amendment, Thomas B. Griffith

BYU Law Review

No abstract provided.


Secularity And Secularism In The United Kingdom: On The Way To The First Amendment, Iain Mclean, Scot M. Peterson Sep 2011

Secularity And Secularism In The United Kingdom: On The Way To The First Amendment, Iain Mclean, Scot M. Peterson

BYU Law Review

No abstract provided.


Preventing Divisiveness: The Ninth Circuit Upholds The 1954 Pledge Amendment In Newdow V. Rio Linda Union School District, Devin Snow Sep 2011

Preventing Divisiveness: The Ninth Circuit Upholds The 1954 Pledge Amendment In Newdow V. Rio Linda Union School District, Devin Snow

BYU Law Review

No abstract provided.


Derridean Diagnosis Of Marketplace Ills: Curing Schizophrenia And Amnesia In The First Amendment Search For Truth, Chris Whittaker May 2011

Derridean Diagnosis Of Marketplace Ills: Curing Schizophrenia And Amnesia In The First Amendment Search For Truth, Chris Whittaker

BYU Law Review

No abstract provided.


Tinker At A Breaking Point: Why The Specter Of Cyberbullying Cannot Excuse Impermissible Public School Regulation Of Off-Campus Student Speech, Allison Belnap May 2011

Tinker At A Breaking Point: Why The Specter Of Cyberbullying Cannot Excuse Impermissible Public School Regulation Of Off-Campus Student Speech, Allison Belnap

BYU Law Review

No abstract provided.


Teacher Facebook Speech: Protected Or Not?, Rachel A. Miller Mar 2011

Teacher Facebook Speech: Protected Or Not?, Rachel A. Miller

Brigham Young University Education and Law Journal

No abstract provided.


Preserving Access To Tattoos: First Amendment Trumps Municipal Ban In Anderson V. City Of Hermosa Beach, Richard Hyde Mar 2011

Preserving Access To Tattoos: First Amendment Trumps Municipal Ban In Anderson V. City Of Hermosa Beach, Richard Hyde

BYU Law Review

No abstract provided.


Expensive Speech: Citizens United V. Fec And The Free Speech Rights Of Tax-Exempt Religious Organizations, Brandon S. Boulter Dec 2010

Expensive Speech: Citizens United V. Fec And The Free Speech Rights Of Tax-Exempt Religious Organizations, Brandon S. Boulter

BYU Law Review

No abstract provided.


Government Speech And Online Forums: First Amendment Limitations On Moderating Public Discourse On Government Websites, David S. Ardia Dec 2010

Government Speech And Online Forums: First Amendment Limitations On Moderating Public Discourse On Government Websites, David S. Ardia

BYU Law Review

No abstract provided.


Pick Your Poison: Private Speech, Government Speech, And The Special Problem Of Religious Displays, Ronnell Andersen Jones Dec 2010

Pick Your Poison: Private Speech, Government Speech, And The Special Problem Of Religious Displays, Ronnell Andersen Jones

BYU Law Review

No abstract provided.


The Emerging Oversimplifications Of The Government Speech Doctrine: From Substantive Content To A “Jurisprudence Of Labels”, Barry P. Mcdonald Dec 2010

The Emerging Oversimplifications Of The Government Speech Doctrine: From Substantive Content To A “Jurisprudence Of Labels”, Barry P. Mcdonald

BYU Law Review

No abstract provided.


Justice Souter On Government Speech, Sheldon Nahmod Dec 2010

Justice Souter On Government Speech, Sheldon Nahmod

BYU Law Review

No abstract provided.


The Free Speech Rights Of “Off-Duty” Government Employees, Mary-Rose Papandrea Dec 2010

The Free Speech Rights Of “Off-Duty” Government Employees, Mary-Rose Papandrea

BYU Law Review

No abstract provided.


Government Speech And The Publicly Employed Attorney, Margaret Tarkington Dec 2010

Government Speech And The Publicly Employed Attorney, Margaret Tarkington

BYU Law Review

In Garcetti v. Ceballos, the U.S. Supreme Court incorporated the "government speech" doctrine into its case law regarding the speech rights of public employees. This incorporation had the effect of nullifying a public employee's free speech rights whenever the employee is speaking pursuant to her official duties. While the Garcetti rule may be problematic in a number situations, it is particularly problematic as applied to publicly employed attorney speech, most notably the speech of prosecutors and public defenders. Attorney speech (including the speech of publicly employed attorneys) is not government speech and should not be treated as government speech. A …


Summum, The Vocality Of Public Places, And The Public Forum, Timothy Zick Dec 2010

Summum, The Vocality Of Public Places, And The Public Forum, Timothy Zick

BYU Law Review

No abstract provided.


Defamation And John Does: Increased Protections And Relaxed Standing Requirements For Anonymous Internet Speech, Stephanie Barclay Nov 2010

Defamation And John Does: Increased Protections And Relaxed Standing Requirements For Anonymous Internet Speech, Stephanie Barclay

BYU Law Review

No abstract provided.


Adopted Speech: Summum'S Implications On Government-Sponsored, Student Speech, Landon Wade Magnusson Mar 2010

Adopted Speech: Summum'S Implications On Government-Sponsored, Student Speech, Landon Wade Magnusson

Brigham Young University Education and Law Journal

No abstract provided.


To Speak Or Not To Speak: Theoretical Difficulties Of Analyzing Compelled Speech Claims Under A Restricted Speech Standard, Brandon C. Pond Mar 2010

To Speak Or Not To Speak: Theoretical Difficulties Of Analyzing Compelled Speech Claims Under A Restricted Speech Standard, Brandon C. Pond

Brigham Young University Education and Law Journal

No abstract provided.


Coordination Or Mere Registration? Single-Speaker Permits In Berger V. City Of Seattle, Edan Burkett Mar 2010

Coordination Or Mere Registration? Single-Speaker Permits In Berger V. City Of Seattle, Edan Burkett

BYU Law Review

No abstract provided.


Passive Acknowledgement Or Active Promotion Of Religion? Neutrality And The Ten Commandments In Green V. Haskell, Stephanie Barclay Mar 2010

Passive Acknowledgement Or Active Promotion Of Religion? Neutrality And The Ten Commandments In Green V. Haskell, Stephanie Barclay

BYU Law Review

No abstract provided.


Transforming The Public Employee Speech Standard In Posey V. Lake Pend Oreille: More Than Meets The Eye , Benjamin M. Smith Mar 2010

Transforming The Public Employee Speech Standard In Posey V. Lake Pend Oreille: More Than Meets The Eye , Benjamin M. Smith

BYU Law Review

No abstract provided.


Undoing Neutrality?: From Church-State Separation To Judeo-Christian Tolerance, Frederick Mark Gedicks Jan 2010

Undoing Neutrality?: From Church-State Separation To Judeo-Christian Tolerance, Frederick Mark Gedicks

Faculty Scholarship

No abstract provided.


The Pornographic Secondary Effects Doctrine, John Fee Dec 2009

The Pornographic Secondary Effects Doctrine, John Fee

Faculty Scholarship

No abstract provided.


Understanding The Lobbying Efforts Of A Church: How Far Is Too Far?, Chase Manderino Nov 2009

Understanding The Lobbying Efforts Of A Church: How Far Is Too Far?, Chase Manderino

BYU Law Review

No abstract provided.


A Teacher's Right To Remain Silent: Reasonable Accommodation Of Negative Speech Rights In The Classroom , Matthew Baker Sep 2009

A Teacher's Right To Remain Silent: Reasonable Accommodation Of Negative Speech Rights In The Classroom , Matthew Baker

BYU Law Review

No abstract provided.


Finding A Place For Embedded Advertising Without Eroding The First Amendment: An Analysis Of The Blurring Line Between Verisimilar Programming And Commercial Speech, Jacob J. Strain May 2009

Finding A Place For Embedded Advertising Without Eroding The First Amendment: An Analysis Of The Blurring Line Between Verisimilar Programming And Commercial Speech, Jacob J. Strain

Brigham Young University Journal of Public Law

No abstract provided.


Zero-Sum Judicial Elections: Balancing Free Speech And Impartiality Through Recusal Reform, David K. Stott May 2009

Zero-Sum Judicial Elections: Balancing Free Speech And Impartiality Through Recusal Reform, David K. Stott

BYU Law Review

No abstract provided.