Open Access. Powered by Scholars. Published by Universities.®

First Amendment Commons™

Open Access. Powered by Scholars. Published by Universities.®

New York Law School

Discipline
Keyword
Publication Year
Publication
Publication Type

Articles 31 - 60 of 111

Full-Text Articles in First Amendment

Anti-Gay Colorado Baker Prevails In Narrow Ruling, Arthur S. Leonard Jan 2018

Anti-Gay Colorado Baker Prevails In Narrow Ruling, Arthur S. Leonard

Other Publications

No abstract provided.


Decisive Win For Lesbians In Oregon Cake Case, Arthur S. Leonard Jan 2018

Decisive Win For Lesbians In Oregon Cake Case, Arthur S. Leonard

Other Publications

No abstract provided.


No First Amendment Shield For Homophobic Prof, Arthur S. Leonard Jan 2018

No First Amendment Shield For Homophobic Prof, Arthur S. Leonard

Other Publications

No abstract provided.


Triggering Tinker: Student Speech In The Age Of Cyberharassment, Ari Ezra Waldman Jan 2017

Triggering Tinker: Student Speech In The Age Of Cyberharassment, Ari Ezra Waldman

Articles & Chapters

This essay challenges the common assumption that public schools have limited authority to regulate cyberbullying that originates and takes place off campus. That argument presumes a level of myopia, clarity, and literalism in the law that simply does not exist. First, even assuming it existed, a geographic requirement is an outdated creature of a preinternet age. Cyberbullying poses unique challenges to young people, educators, and schools not contemplated when the Court decided its student speech cases. If it existed then, it should adapt to today’s realities. Second, I argue that a campus presence requirement for regulating any kind of off-campus …


Ancient And Comely Order: The Use And Disuse Of Arbitration By New York Quakers, F. Peter Philips Jan 2016

Ancient And Comely Order: The Use And Disuse Of Arbitration By New York Quakers, F. Peter Philips

Articles & Chapters

From the late 17th century, the Religious Society of Friends (“Quakers”) observed a method of resolving disputes arising within congregations that was scripturally based, and culminated in final and binding arbitration. The practice of Quaker arbitration gradually disappeared during the late 19th and early 20th centuries, and few modern Quakers are even aware of it. This article traces that decline and notes similarities with mercantile arbitration. In both religious and mercantile arbitration, a defined community valued the goal of avoiding group disruption more than the goal of vindicating individual legal rights. In both cases, members of the community applied distinct …


Freedom Of Speech And Equality: Do We Have To Choose?, Nadine Strossen Jan 2016

Freedom Of Speech And Equality: Do We Have To Choose?, Nadine Strossen

Articles & Chapters

No abstract provided.


Beyond The Fourth Amendment: Additional Constitutional Guarantees That Mass Surveillance Violates, Nadine Strossen Jan 2015

Beyond The Fourth Amendment: Additional Constitutional Guarantees That Mass Surveillance Violates, Nadine Strossen

Articles & Chapters

The ongoing dragnet communications surveillance programs raise multiple statutory and constitutional problems. Each problem alone, and even more so the whole combination, provides a serious ground at least for vastly curbing such programs, if not ending them. This Article reviews constitutional challenges to these programs to evaluate the likely success of current and future litigants.


No Religious Out For Firefighters Staffing Engine In Pride Parade, Arthur S. Leonard Jan 2015

No Religious Out For Firefighters Staffing Engine In Pride Parade, Arthur S. Leonard

Other Publications

No abstract provided.


Supreme Court Nixes Requirement For Anti-Prostitution Pledge, Arthur S. Leonard Jan 2013

Supreme Court Nixes Requirement For Anti-Prostitution Pledge, Arthur S. Leonard

Other Publications

No abstract provided.


The First Amendment And The Second Commandment, Amy Adler Jan 2013

The First Amendment And The Second Commandment, Amy Adler

NYLS Law Review

No abstract provided.


The Digital Accountability And Transparency Act Of 2011 (Data): Using Open Data Principles To Revamp Spending Transparency Legislation, Jillian Raines '12 Jan 2013

The Digital Accountability And Transparency Act Of 2011 (Data): Using Open Data Principles To Revamp Spending Transparency Legislation, Jillian Raines '12

NYLS Law Review

No abstract provided.


In The System: Facilitating The Reunification Of The Child And The Parents Through Religion, Cherie Nicole Brown Jan 2013

In The System: Facilitating The Reunification Of The Child And The Parents Through Religion, Cherie Nicole Brown

Articles & Chapters

No abstract provided.


$4.5 Million Defamation Award Against Anti-Gay Official Upheld, Arthur S. Leonard Jan 2013

$4.5 Million Defamation Award Against Anti-Gay Official Upheld, Arthur S. Leonard

Other Publications

No abstract provided.


Durkheim's Internet: Social And Political Theory In Online Society, Ari Ezra Waldman Jan 2013

Durkheim's Internet: Social And Political Theory In Online Society, Ari Ezra Waldman

Articles & Chapters

While the Internet has changed dramatically since the early 1990s, the legal regime governing the right to privacy online and Internet speech is still steeped in a myth of the Internet user, completely hidden from others, in total control of his online experience, and free to come and go as he pleases. This false image of the “virtual self” has also contributed to an ethos of lawlessness, irresponsibility, and radical individuation online, allowing the evisceration of online privacy and the proliferation of hate and harassment.

I argue that the myth of the online anonym is not only false as a …


Layshock Ex Rel. Layshock V. Hermitage School District, Matthew Beatus Jan 2012

Layshock Ex Rel. Layshock V. Hermitage School District, Matthew Beatus

NYLS Law Review

No abstract provided.


Hostile Educational Environments, Ari Ezra Waldman Jan 2012

Hostile Educational Environments, Ari Ezra Waldman

Articles & Chapters

This Article is one in a series about bullying and cyberbullying in schools. I argue that the proper analysis for a First Amendment challenge to school discipline for off-campus misuse of the Internet to harm or harass a member of the school community based on the victim’s identity depends on the nature of the offending behavior. For students who are punished for a single incident – what I will call cyberattacking – a Tinker analysis makes sense. But, given that Tinker’s “substantial disruption” standard originated in the context of student protests and that targeted identity-based harassment can create substantial disruptions …


All Those Like You: Identity Aggression And Student Speech, Ari Ezra Waldman Jan 2012

All Those Like You: Identity Aggression And Student Speech, Ari Ezra Waldman

Articles & Chapters

Online and face-to-face harassment in schools requires a coordinated response from the school, parents, students, and government. In this Article, I address a particular subset of online and face-to-face harassment, or identity-based harassment. Identity-based aggressors highlight a quality intrinsic to someone’s personhood and demean it, deprive it of value, and use it as a weapon. They attack women, racial minorities, religious minorities, and other traditionally victimized groups. And, as such, they attack not only their particular victims but also their victims’ communities. Identity-based aggressors com- mit a constitutional evil not only because their behavior interferes with victims’ access to education, …


Handcuffing The Press: First Amendment Limitations On The Reach Of Criminal Statutes As Applied To The Media, Lee Levine, Nathan E. Siegel, Jeanette Melendez Bead Jan 2011

Handcuffing The Press: First Amendment Limitations On The Reach Of Criminal Statutes As Applied To The Media, Lee Levine, Nathan E. Siegel, Jeanette Melendez Bead

NYLS Law Review

No abstract provided.


The Media, The Jury, And The High-Profile Defendant: A Defense Perspective On The Media Circus, John C. Meringolo Jan 2011

The Media, The Jury, And The High-Profile Defendant: A Defense Perspective On The Media Circus, John C. Meringolo

NYLS Law Review

No abstract provided.


Cohen V. Google, Inc., Eirik Cheverud Jan 2011

Cohen V. Google, Inc., Eirik Cheverud

NYLS Law Review

No abstract provided.


Humanitarian Law Project -- The Dissent, Stephen Ellmann Jul 2010

Humanitarian Law Project -- The Dissent, Stephen Ellmann

Other Publications

This post originally appeared on http://nowwithouthesitation.blogspot.com/2010/07/humanitarian-law-project-dissent.html


In The Matter Of Ottinger V. Non-Party The Journal News, Daniel Haier Jan 2009

In The Matter Of Ottinger V. Non-Party The Journal News, Daniel Haier

NYLS Law Review

No abstract provided.


Cybercrimes Vs. Cyberliberties, Nadine Strossen Jan 2009

Cybercrimes Vs. Cyberliberties, Nadine Strossen

Articles & Chapters

Cybercrimes vs. Cyberliberties, Chapter 8 in Internet Policy and Economics: Challenges and Perspectives 2nd ed. at 110-127 ( W.H. Lehr & L.M. Pupillo, eds. Springer, 2009).


Constitutional Law And Values—Version ’08 (Not Necessarily An Upgrade), Nadine Strossen Jan 2008

Constitutional Law And Values—Version ’08 (Not Necessarily An Upgrade), Nadine Strossen

NYLS Law Review

No abstract provided.


Constitutional Overview Of Post-9/11 Barriers To Free Speech And A Free Press, Nadine Strossen Jan 2008

Constitutional Overview Of Post-9/11 Barriers To Free Speech And A Free Press, Nadine Strossen

Articles & Chapters

No abstract provided.


Academic Freedom Claim Nixed, Arthur S. Leonard Jan 2008

Academic Freedom Claim Nixed, Arthur S. Leonard

Other Publications

No abstract provided.


Law In The Plays Of Elmer Rice, Randolph N. Jonakait Jan 2007

Law In The Plays Of Elmer Rice, Randolph N. Jonakait

Articles & Chapters

While novels, short stories, television shows, movies, and classic dramas are often analyzed for insights into the law, modern plays are seldom similarly examined. The plays of Elmer Rice, however, should be discussed by those interested in our legal system. Rice, although now largely forgotten, was a leading playwright of the last century. He was a law school graduate, and his work often incorporated legal themes. His plays provide provocative commentaries about the law and raise dilemmas about justice and ethics that resonate today. This essay explores the interplay between plays and the law by examining the life and work …


2 Anti-Gay 1st Amendment Losses, Arthur S. Leonard Jan 2007

2 Anti-Gay 1st Amendment Losses, Arthur S. Leonard

Other Publications

No abstract provided.


2 Anti-Gay 1st Amendment Losses, Arthur S. Leonard Jan 2007

2 Anti-Gay 1st Amendment Losses, Arthur S. Leonard

Other Publications

No abstract provided.


No Laughing Matter: The Controversial Danish Cartoons Depicting The Prophet Mohammed, And Their Broader Meaning For The Europe’S Public Square, Ruti G. Teitel Feb 2006

No Laughing Matter: The Controversial Danish Cartoons Depicting The Prophet Mohammed, And Their Broader Meaning For The Europe’S Public Square, Ruti G. Teitel

Other Publications

No abstract provided.