Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (53)
- Law and Politics (23)
- Communications Law (20)
- Criminal Law (18)
- Civil Rights and Discrimination (15)
-
- International Law (15)
- Law and Society (15)
- Computer Law (14)
- Internet Law (13)
- Election Law (12)
- Legislation (11)
- Supreme Court of the United States (11)
- Law and Gender (9)
- Intellectual Property Law (7)
- Entertainment, Arts, and Sports Law (6)
- Religion Law (6)
- Consumer Protection Law (5)
- Education Law (5)
- Litigation (5)
- Privacy Law (5)
- Torts (5)
- Administrative Law (4)
- Civil Procedure (4)
- Legal History (4)
- Property Law and Real Estate (4)
- State and Local Government Law (4)
- Courts (3)
- Fourteenth Amendment (3)
- Keyword
-
- Criminal law; symposium; communications law; international law; first amendment (11)
- First Amendment (9)
- First amendment (4)
- Freedom of speech (4)
- Political Campaigns; Campaign contributions (4)
-
- Free speech (3)
- Government speech (3)
- RLUPIA; Land Use; First Amendment (3)
- Constitution (2)
- FCC (2)
- First amendment; title ix; university campuses; student publications; free speech (2)
- Freedom of the press (2)
- Hazelwood (2)
- Internet (2)
- Journalism (2)
- Morse (2)
- Occupy Wall Street; Free Speech' First Amendment; Politics; Grassroots (2)
- Press clause (2)
- Private speech (2)
- Protest; Occupy Wall Street; Prosecutorial Discretion (2)
- Speech (2)
- Speech rights (2)
- Student speech (2)
- Tinker (2)
- 3D printing; computer-aided design files; ITAR; prior restraint; gun regulation; First Amendment (1)
- Administrative law (1)
- And Sanctions; state legislation; government contracting; procurement; pension investment; blacklisting; fossil fuels; firearm industry; climate change; climate advocacy; climate policy; net-zero; NAACP v. Claiborne Hardware Co.; Rumsfeld v. Forum for Academic and Institutional Rights (1)
- And governance; ESG investing; boycott; anti- boycott legislation; anti-BDS; Boycott (1)
- Antitrust (1)
- Association (1)
- Publication Year
- Publication
- Publication Type
Articles 61 - 90 of 116
Full-Text Articles in First Amendment
Children Are Crying And Dying While The Supreme Court Is Hiding: Why Public Schools Should Have Broad Authority To Regulate Off-Campus Bullying "Speech", Jennifer Butwin
Children Are Crying And Dying While The Supreme Court Is Hiding: Why Public Schools Should Have Broad Authority To Regulate Off-Campus Bullying "Speech", Jennifer Butwin
Fordham Law Review
Bullying has long been a concern for students, parents, teachers, and school administrators. But technological advances—including the internet, cell phones, and social media—have transformed the nature of bullying and allow “cyberbullies” to extend their reach far beyond the schoolhouse gate. The U.S. Supreme Court established that schools may regulate on-campus speech if the speech creates a substantial disruption of, or material interference with, school activities. However, the Court has yet to rule on a school’s ability to regulate students’ off-campus bullying speech. This Note examines how various courts have approached the issue, analyzes the current circuit split, and ultimately proposes …
Hollywood Loving, Kevin Noble Maillard
Hollywood Loving, Kevin Noble Maillard
Fordham Law Review
In this Essay, I highlight how nongovernmental entities establish political, moral, and sexual standards through visual media, which powerfully underscores and expresses human behavior. Through the Motion Picture Production Code (the “Hays Code”) and the Code of Practices for Television Broadcasters (the “TV Code”), Americans viewed entertainment as a pre-mediated, engineered world that existed outside of claims of censorship and propaganda. This Essay critically examines the role of film and television as persuasive and integral legal actors and it considers how these sectors operate to maintain, and sometimes challenge, racial order.
Group Defamation, Power, And A New Test For Determining Plaintiff Eligibility, Jeffrey Greenwood
Group Defamation, Power, And A New Test For Determining Plaintiff Eligibility, Jeffrey Greenwood
Fordham Intellectual Property, Media and Entertainment Law Journal
In the fall of 2014, Rolling Stone Magazine published an article describing the rape of a woman at a University of Virginia fraternity house. The story turned out to be false, and members of the fraternity sued for defamation. The suit raises an interesting question: under what circumstances may anonymous individual members of the fraternity recover? This Note describes the case, related common and constitutional law, as well as differences in group defamation doctrine across jurisdictions. After detailing problems with the existing paradigm, the Note proposes a new method for performing the analysis.
Tinker Meets The Cyberbully: A Federal Circuit Conflict Round-Up And Proposed New Standard For Off-Campus Speech, Benjamin A. Holden
Tinker Meets The Cyberbully: A Federal Circuit Conflict Round-Up And Proposed New Standard For Off-Campus Speech, Benjamin A. Holden
Fordham Intellectual Property, Media and Entertainment Law Journal
Tinker v. Des Moines Independent Community School District, the seminal school speech case interpreting the First Amendment to the U.S. Constitution, was decided by the U.S. Supreme Court long before mobile devices and social media upended accepted norms governing how students behave at school. The new reality has brought with it new line-drawing challenges for public schools faced with the warring requirements of school discipline on the one hand, and the First Amendment on the other. The threshold unanswered question this Article presents is whether Tinker should give jurisdiction to public schools over student speech which originates off campus. …
University Trademarks And “Mixed Speech” On College Campuses: A Case Study Of Gerlich V. Leath And Student Free Speech Rights, Nathan Converse
University Trademarks And “Mixed Speech” On College Campuses: A Case Study Of Gerlich V. Leath And Student Free Speech Rights, Nathan Converse
Fordham Intellectual Property, Media and Entertainment Law Journal
Higher education has long been a fundamental building block upon which American democracy is based. The guarantee of free speech is itself a revered liberty in the American polity; it has, in turn, served as the catalyst for higher education. Recent events on college campuses continue to reexamine universities’ role in their students’ education and push the legal boundaries on student speech rights. In many instances, however, students’ speech and expressive viewpoint conflicts with that of other students. Other times, students’ speech conflicts with the expressive interests of their university. This Article examines the latter instance in the context of …
Free Speech And The Confluence Of National Security And Internet Exceptionalism, Alan K. Chen
Free Speech And The Confluence Of National Security And Internet Exceptionalism, Alan K. Chen
Fordham Law Review
In this Article, I argue that, notwithstanding these contemporary developments, the Court got it mostly right in Brandenburg. Or, I want to at least suggest that it is premature to reconstruct the Brandenburg test to address perceived changes in our global environment. For the most part, Brandenburg has succeeded in mediating the balance between protecting political or ideological advocacy and enabling the government to regulate actual incitement, even in the contemporary era. Moreover, I argue that society should be especially wary of calls to narrow Brandenburg’s speech-protective standard because such changes might be significantly influenced by the confluence of two …
The Role Of Internet Intermediaries In Tackling Terrorism Online, Raphael Cohen-Almagor
The Role Of Internet Intermediaries In Tackling Terrorism Online, Raphael Cohen-Almagor
Fordham Law Review
Gatekeeping is defined as the work of third parties “who are able to disrupt misconduct by withholding their cooperation from wrongdoers.”1 Internet intermediaries need to be far more proactive as gatekeepers than they are now. Socially responsible measures can prevent the translation of violent thoughts into violent actions. Designated monitoring mechanisms can potentially prevent such unfortunate events. This Article suggests an approach that harnesses the strengths and capabilities of the public and private sectors in offering practical solutions to pressing problems. It proposes that internet intermediaries should fight stringently against terror and further argues that a responsible gatekeeping approach is …
Social Media Accountability For Terrorist Propaganda, Alexander Tsesis
Social Media Accountability For Terrorist Propaganda, Alexander Tsesis
Fordham Law Review
Terrorist organizations have found social media websites to be invaluable for disseminating ideology, recruiting terrorists, and planning operations. National and international leaders have repeatedly pointed out the dangers terrorists pose to ordinary people and state institutions. In the United States, the federal Communications Decency Act’s § 230 provides social networking websites with immunity against civil law suits. Litigants have therefore been unsuccessful in obtaining redress against internet companies who host or disseminate third-party terrorist content. This Article demonstrates that § 230 does not bar private parties from recovery if they can prove that a social media company had received complaints …
Free Speech And National Security Bootstraps, Heidi Kitrosser
Free Speech And National Security Bootstraps, Heidi Kitrosser
Fordham Law Review
It is troubling that courts treat administrative designations—specifically, both FTO determinations and information classification—as bootstraps by which to yank speech restrictions from the clutches of probing judicial scrutiny. This Article builds on existing scholarly critiques to identify and examine the common thread of national security bootstrapping that runs through both sets of cases. The hope is that in so doing, some greater light may be shed both on the cases themselves and, more broadly, on the costs and benefits of judicial deference to executive national security claims where civil rights and civil liberties are at stake.
Government Speech And The War On Terror, Helen Norton
Government Speech And The War On Terror, Helen Norton
Fordham Law Review
This Article examines how the government’s speech in the War on Terror can threaten free speech, equal protection, and due process values. It focuses primarily on the constitutional harms threatened by the government’s speech itself (what some call a form of “soft law”), rather than on situations in which the government’s speech may be evidence of a constitutionally impermissible motive for its “hard law” actions.
Terrorizing Advocacy And The First Amendment: Free Expression And The Fallacy Of Mutual Exclusivity, Martin H. Redish, Matthew Fisher
Terrorizing Advocacy And The First Amendment: Free Expression And The Fallacy Of Mutual Exclusivity, Martin H. Redish, Matthew Fisher
Fordham Law Review
Traditional free speech doctrine is inadequate to account for modern terrorist speech. Unprotected threats and substantially protected lawful advocacy are not mutually exclusive. This Article proposes recognizing a new hybrid category of speech called “terrorizing advocacy.” This is a type of traditionally protected public advocacy of unlawful conduct that simultaneously exhibits the unprotected pathologies of a true threat. This Article explains why this new category confounds existing First Amendment doctrine and details a proposed model for how the doctrine should be reshaped.
Terrorist Incitement On The Internet, Alexander Tsesis
Terrorist Incitement On The Internet, Alexander Tsesis
Fordham Law Review
I organized this symposium to advance understanding of how terrorist communications drive and influence social, political, religious, civil, literary, and artistic conduct. Viewing terrorist speech through wide prisms of law, culture, and contemporary media can provide lawmakers, adjudicators, and administrators a better understanding of how to contain and prevent the exploitation of modern communication technologies to influence, recruit, and exploit others to perpetrate ideologically driven acts of violence. Undertaking such a multipronged study requires not only looking at the personal and sociological appeals that extreme ideology exerts but also considering how to create political, administrative, educational, and economic conditions to …
Terrorist Advocacy And Exceptional Circumstances, David S. Han
Terrorist Advocacy And Exceptional Circumstances, David S. Han
Fordham Law Review
This Article proceeds as follows. Part I discusses the harmful effects of terrorist advocacy and outlines the present doctrinal treatment of such speech. Part II discusses the issue of exceptional circumstances and highlights the two approaches courts might take to account for them: applying strict scrutiny to the case at hand or broadly reformulating the First Amendment’s doctrinal boundaries. Part III sets forth my central thesis: courts should adhere to case-by-case strict scrutiny analysis, rather than broad doctrinal reformulation, as the initial means of accounting for exceptional circumstances with respect to terrorist advocacy. This approach reflects the vital importance of …
The Internet Will Not Break: Denying Bad Samaritans § 230 Immunity, Danielle Keats Citron, Benjamin Wittes
The Internet Will Not Break: Denying Bad Samaritans § 230 Immunity, Danielle Keats Citron, Benjamin Wittes
Fordham Law Review
Section 230 is overdue for a rethinking. If courts do not construe the scope of federal immunity to avoid injustice, we argue, Congress should amend the law. This is not to discount the important role that the immunity provision has played over the past twenty years. Far from it. Section 230 immunity has enabled innovation and expression beyond the imagination of the operators of early bulletin boards and computer service providers the provision was designed to protect. But its overbroad interpretation has left victims of online abuse with no leverage against site operators whose business models facilitate abuse. This state …
Entertaining Satan: Why We Tolerate Terrorist Incitement, Andrew Koppelman
Entertaining Satan: Why We Tolerate Terrorist Incitement, Andrew Koppelman
Fordham Law Review
Words are dangerous. That is why governments sometimes want to suppress speech. The law of free speech reflects a settled decision that, at the time that law was adopted, the dangers were worth tolerating. But people keep dreaming up nasty new things to do with speech. Recently, the Islamic State of Iraq and Syria (ISIS) and other terrorist organizations have employed a small army of Iagos on the internet to recruit new instruments of destruction. Some of what they have posted is protected speech under present First Amendment law. In response, scholars have suggested that there should be some new …
Terrorists Are Always Muslim But Never White: At The Intersection Of Critical Race Theory And Propaganda, Caroline Mala Corbin
Terrorists Are Always Muslim But Never White: At The Intersection Of Critical Race Theory And Propaganda, Caroline Mala Corbin
Fordham Law Review
When you hear the word “terrorist,” who do you picture? Chances are, it is not a white person. In the United States, two common though false narratives about terrorists who attack America abound. We see them on television, in the movies, on the news, and, currently, in the Trump administration. The first is that “terrorists are always (brown) Muslims.” The second is that “white people are never terrorists.” Different strands of critical race theory can help us understand these two narratives. One strand examines the role of unconscious cognitive biases in the production of stereotypes, such as the stereotype of …
The Internet As Marketplace Of Madness— And A Terrorist’S Best Friend, Thane Rosenbaum
The Internet As Marketplace Of Madness— And A Terrorist’S Best Friend, Thane Rosenbaum
Fordham Law Review
The panel I was assigned to, for this distinguished gathering of scholars at Fordham Law School, where I had previously been a professor for twentythree years, was given the name, “Caution Against Overreaching.” Overreaching and the caution it occasions, in this case, refer to the First Amendment, a uniquely American absolutist, legalistic obsession. For many who fixate on such matters, the government must never be allowed to trample upon the unfettered free speech rights guaranteed under America’s first, and most favorite, Amendment.
Terror On Your Timeline: Criminalizing Terrorist Incitement On Social Media Through Doctrinal Shift, Zachary Leibowitz
Terror On Your Timeline: Criminalizing Terrorist Incitement On Social Media Through Doctrinal Shift, Zachary Leibowitz
Fordham Law Review
The United States faces a barrage of threats from terrorist organizations on a daily basis. The government takes some steps to prevent these threats from coming to fruition, but not much is being done proactively. Any person can log into a social media account to preach hate and incite violence against the United States and its citizenry, and sometimes these words result in action. When speakers are not held accountable, they can continue to incite the masses to violent action across the United States. This Note proposes a new incitement doctrine to prevent these speakers from being able to spread …
The Modern University Campus: An Unsafe Space For The Student Press?, Patrick Malone
The Modern University Campus: An Unsafe Space For The Student Press?, Patrick Malone
Fordham Law Review
This Note summarizes how courts have interpreted the First Amendment’s application to student publications on university campuses. It then considers the evolution of Title IX and how it has affected students’ First Amendment rights. Additionally, it acknowledges the interests at stake on the part of student publications and broader campus communities. Ultimately, this Note argues that the Department of Education should issue updated guidance that ensures adequate First Amendment protections for students and their publications. It also proposes steps that actors can take on university campuses to support this effort.
The Modern University Campus: An Unsafe Space For The Student Press?, Patrick Malone
The Modern University Campus: An Unsafe Space For The Student Press?, Patrick Malone
Fordham Law Review
This Note summarizes how courts have interpreted the First Amendment’s application to student publications on university campuses. It then considers the evolution of Title IX and how it has affected students’ First Amendment rights. Additionally, it acknowledges the interests at stake on the part of student publications and broader campus communities. Ultimately, this Note argues that the Department of Education should issue updated guidance that ensures adequate First Amendment protections for students and their publications. It also proposes steps that actors can take on university campuses to support this effort.
Updating The Social Network: How Outdated And Unclear State Legislation Violates Sex Offenders’ First Amendment Rights, Elizabeth Tolon
Updating The Social Network: How Outdated And Unclear State Legislation Violates Sex Offenders’ First Amendment Rights, Elizabeth Tolon
Fordham Law Review
Readily available on computers, phones, tablets, or television, social media has become a necessary platform of expression for many. But, for others, social media is an inaccessible tool whose very use has criminal repercussions. To protect innocent children, many states have enacted legislation restricting sex offenders’ access to social media. Unfortunately, this legislation is often outdated, overly restrictive, and unconstitutional under the First Amendment. North Carolina has recently attracted national attention, as its statute highlights the potential constitutional issues states face in drafting such legislation. To avoid the constitutional concerns that North Carolina faces, state legislators must draft statutes narrowly …
Tort Vision For The New Millennium: Strengthening News Industry Standards As A Defense Tool In Law Suits Over Newsgathering Techniques Essay, Micahel W. Richards
Tort Vision For The New Millennium: Strengthening News Industry Standards As A Defense Tool In Law Suits Over Newsgathering Techniques Essay, Micahel W. Richards
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Free Speech And Civil Liberties In The Second Circuit, Floyd Abrams
Free Speech And Civil Liberties In The Second Circuit, Floyd Abrams
Fordham Law Review
Much of the development of First Amendment law in the United States has occurred as a result of American courts rejecting well-established principles of English law. The U.S. Supreme Court has frequently rejected English law, permitting far more public criticism of the judiciary than would be countenanced in England, rejecting English libel law as being insufficiently protective of freedom of expression and holding that even hateful speech directed at minorities receives the highest level of constitutional protection. The Second Circuit has played a major role in the movement away from the strictures of the law as it existed in the …
Lawyer Speech In The Regulatory State, Renee Newman Knake
Lawyer Speech In The Regulatory State, Renee Newman Knake
Fordham Law Review
A lawyer’s speech as advisor and advocate not only holds First Amendment value for the client and for the public, but also for the functioning of American democracy. This is supported both by foundational values undergirding the First Amendment as well as Supreme Court doctrine. This Article builds upon that analysis to posit that lawyers for the regulatory state ought not to be treated as government employees for purposes of the First Amendment when engaged in speech about workplace conditions related to curbing abuse of power, corruption, or other illegality. While this position runs counter to the existing precedent of …
Government-Provided Internet Access: Terms Of Service As Speech Rules, Enrique Armijo
Government-Provided Internet Access: Terms Of Service As Speech Rules, Enrique Armijo
Fordham Urban Law Journal
No abstract provided.
The Commercial Sexual Exploiutation Of Minors, The First Amendment, And Freedom: Why Backpage.Com Should Be Prevented From Selling America's Children For Sex, Anna Makatche
Fordham Urban Law Journal
No abstract provided.
Fair Warning?: The First Amendment, Compelled Commercial Disclosures, And Cigarette Warning Labels, Timothy J. Straub
Fair Warning?: The First Amendment, Compelled Commercial Disclosures, And Cigarette Warning Labels, Timothy J. Straub
Fordham Urban Law Journal
No abstract provided.
Why Properly Policing A Movement Matters: A Response To Alafair Burke’S Policing, Protestors, And Discretion, Lenese Herbert
Why Properly Policing A Movement Matters: A Response To Alafair Burke’S Policing, Protestors, And Discretion, Lenese Herbert
Fordham Urban Law Journal
No abstract provided.
Policing, Protestors, And Discretion, Alafair Burke
Policing, Protestors, And Discretion, Alafair Burke
Fordham Urban Law Journal
No abstract provided.
A National Model Faces New Challenges: The New York City Campaign Finance System And The 2013 Elections, Janos Marton
A National Model Faces New Challenges: The New York City Campaign Finance System And The 2013 Elections, Janos Marton
Fordham Urban Law Journal
No abstract provided.