First Amendment Commons^™

The Past, Present, And Future Of Free Speech, Joel Gora

Faculty Scholarship

No abstract provided.

First Amendment Freeze Play: Bennett's Strategy For Entrenching Inequality, Frank Pasquale

Faculty Scholarship

No abstract provided.

Producing Democratic Vibrancy, K. Sabeel Rahman

Faculty Scholarship

No abstract provided.

The Present Of Newsworthiness, Amy Gajda

Faculty Scholarship

No abstract provided.

Making Corporate Law More Communitarian: A Proposed Response To The Roberts Court's Personification Of Corporations, Robert M. Ackerman, Lance Cole

Brooklyn Law Review

Both Citizens United and Hobby Lobby are notable for the Roberts Court’s personification of the corporation. In Citizens United, the United States Supreme Court expanded corporate speech rights in a political context; in Hobby Lobby, it accorded religious rights to corporations in an unprecedented manner. This article explains how the Court’s expansion of corporate personification has ignored both traditional corporate law doctrine regarding shareholder primacy and the fundamental distinction in corporate law between the corporate entity and the shareholders who control it.

The article takes a communitarian approach to corporate law analysis, recognizing that corporations play useful roles …

Panhandling And The First Amendment: How Spider-Man Is Reducing The Quality Of Life In New York City, Steven J. Ballew

Brooklyn Law Review

Recently, New York and other cities have taken steps to regulate panhandling activity in their communities. These regulations are informed by Broken Windows policing, which emphasizes addressing quality-of-life issues as a strategy for reducing crime. Yet government-imposed limitations on panhandling raise concerns about whether such measures violate panhandlers’ First Amendment rights. This note explores whether it is possible to separate the act of panhandling—defined as approaching a stranger in public and requesting immediate and gratuitous cash payment for oneself—from expression that is protected by the First Amendment. It concludes that, based on a concurrence from Justice Kennedy in International Society …

Parody And The Fair Use Defense: The Best Way To Practice Safe Sex With All Your Favorite Characters, Jessica N. Schneider

Brooklyn Law Review

The copyright fair use test balances the copyright holder’s right to exclude others from using its work against the secondary user’s First Amendment right, yet this test is often too unpredictable and favors misappropriation, even the most commercial kind. The test is weakest when used to determine the legality of sexual parodies. The sexual nature of the parody should receive statutory consideration in the balancing test because vulgar and lewd speech is often deemed “low value” speech, and therefore the secondary user’s First Amendment right is weaker compared to the copyright owner’s right to exclude. Courts already consider the sexual …

The Art Of Nailing Jell-O To The Wall: Reassessing The Political Power Of The Internet, Bryan Druzin, Jessica Li

Journal of Law and Policy

Political observers commonly argue that, given the unique characteristics of the Internet, democratization is an inevitability of its widespread use. The critical role that social media played in the wave of demonstrations, protests, and revolutions that swept across the Arab world in 2011 cemented this perception in the minds of many. Yet China defies this simplistic paradigm—China has been stunningly successful at constraining the political power of its Internet. We argue that the political importance of Internet technology has been overstated, particularly with respect to China. As support for this thesis, we cite recent political events in Hong Kong known …

Abuse And Harassment Diminish Free Speech, Anita Bernstein

Faculty Scholarship

No abstract provided.

In Defense Of "Super Pacs" And Of The First Amendment, Joel Gora

Faculty Scholarship

No abstract provided.

Free Speech, Fair Election, And Campaign Finance Laws: Can They Co-Exist?, Joel Gora

Faculty Scholarship

No abstract provided.

Technological Intermediaries And Freedom Of The Press, Christina Mulligan

Faculty Scholarship

No abstract provided.

An Essay In Honor Of Robert Sedler: Fierce Champion Of Free Speech, Joel Gora

Faculty Scholarship

No abstract provided.

Citizens United, Stevens, And Humanitarian Law Project: First Amendment Rules And Standards In Three Acts, William Araiza

Faculty Scholarship

No abstract provided.

The First Amendment ... United, Joel Gora

Faculty Scholarship

No abstract provided.

Citizens United, Stevens And Humanitarian Law Project: First Amendment Rules And Standards In Three Acts, William D. Araiza

Faculty Scholarship

No abstract provided.

Speech, Truth, And Freedom: An Examination Of John Stuart Mill's And Justice Oliver Wendel Holmes's Free Speech Defenses, Irene M. Ten Cate

Faculty Scholarship

No abstract provided.

Don't Feed The Alligators: Government Funding Of Political Speech And The Unyielding Vigilance Of The First Amendment, Joel M. Gora

Faculty Scholarship

No abstract provided.

Federal Search Commission - Access, Fairness, And Accountability In The Law Of Search, Frank Pasquale, Oren Bracha

Faculty Scholarship

No abstract provided.

The Source Of The Problem Of Sources: The First Amendment Fails The Fourth Estate, Joel Gora

Faculty Scholarship

No abstract provided.

First Amendment Cases In The Supreme Court 2005 Term, Joel Gora

Faculty Scholarship

No abstract provided.

First Amendment Cases In The October 2004 Term, Joel Gora

Faculty Scholarship

No abstract provided.

2003-2004 Supreme Court Term: Another Losing Season For The First Amendment, Joel Gora

Faculty Scholarship

No abstract provided.

First Amendment Decisions - 2002 Term, Joel Gora

Faculty Scholarship

No abstract provided.

A Balanced Diet Of First Amendment Cases, Joel Gora

Faculty Scholarship

No abstract provided.

Jefferson And Madison As Icons In Judicial History: A Study Of Religion Clause Jurisprudence, David Reiss

Faculty Scholarship

No abstract provided.

The Storm Arrives: The First Amendment Cases In The Supreme Court's 1999-2000 Term, Joel Gora

Faculty Scholarship

No abstract provided.

No Law ... Abridging, Joel Gora

Faculty Scholarship

No abstract provided.

The Calm After The Storm: First Amendment Cases In The Supreme Court's 2000-2001 Term, Joel Gora

Faculty Scholarship

No abstract provided.

The Calm Before The Storm: First Amendment Cases In The 1998-99 Term, Joel Gora

Faculty Scholarship

No abstract provided.