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Articles 31 - 60 of 98
Full-Text Articles in First Amendment
False Speech And The First Amendment, Erwin Chemerinsky
False Speech And The First Amendment, Erwin Chemerinsky
Oklahoma Law Review
No abstract provided.
An Introductory Essay: Old Principles For An (Allegedly) Brave New World, Harry F. Tepker
An Introductory Essay: Old Principles For An (Allegedly) Brave New World, Harry F. Tepker
Oklahoma Law Review
No abstract provided.
Truth, Courage, And Other Human Dispositions: Reflections On Falsehoods And The First Amendment, Jonathan D. Varat
Truth, Courage, And Other Human Dispositions: Reflections On Falsehoods And The First Amendment, Jonathan D. Varat
Oklahoma Law Review
No abstract provided.
(At Least) Thirteen Ways Of Looking At Election Lies, Helen Norton
(At Least) Thirteen Ways Of Looking At Election Lies, Helen Norton
Oklahoma Law Review
No abstract provided.
Free Speech And Domain Allocation: A Suggested Framework For Analyzing The Constitutionality Of Prohibition Of Lies, James Weinstein
Free Speech And Domain Allocation: A Suggested Framework For Analyzing The Constitutionality Of Prohibition Of Lies, James Weinstein
Oklahoma Law Review
No abstract provided.
Forward Into The Past: Speech Intermediaries In The Television And Internet Ages, Gregory P. Magarian
Forward Into The Past: Speech Intermediaries In The Television And Internet Ages, Gregory P. Magarian
Oklahoma Law Review
No abstract provided.
Suing The President For First Amendment Violations, Sonja R. West
Suing The President For First Amendment Violations, Sonja R. West
Oklahoma Law Review
No abstract provided.
Censorship On The Internet: Who Should Make The Rules, Joe Zopolsky
Censorship On The Internet: Who Should Make The Rules, Joe Zopolsky
Oklahoma Journal of Law and Technology
No abstract provided.
Courthouses, Bookshelves, And Portals: The Implications Of U.S. V. American Library Association On First Amendment Forum Analysis And Future Internet-Based Litigation Strategies, Alexandra R. Harrington
Courthouses, Bookshelves, And Portals: The Implications Of U.S. V. American Library Association On First Amendment Forum Analysis And Future Internet-Based Litigation Strategies, Alexandra R. Harrington
Oklahoma Journal of Law and Technology
No abstract provided.
Cyberspace…The Final Frontier: How The Communications Decency Act Allows Entrepreneurs To Boldly Go Where No Blog Has Gone Before, Aaron Jackson
Cyberspace…The Final Frontier: How The Communications Decency Act Allows Entrepreneurs To Boldly Go Where No Blog Has Gone Before, Aaron Jackson
Oklahoma Journal of Law and Technology
No abstract provided.
Hate Speech, Harry Tepker
A License To Infringe: The Tenth Circuit's Reliance On The Reasonable Observer Test To Determine Symbolic Speech Protection Of License Plates, Hayley Stillwell
A License To Infringe: The Tenth Circuit's Reliance On The Reasonable Observer Test To Determine Symbolic Speech Protection Of License Plates, Hayley Stillwell
Faculty Articles
No abstract provided.
Corporate Transparency And The First Amendment: Compelled Disclosures In The Wake Of National Association Of Manufacturers V. Sec, Emma Land
Oklahoma Law Review
No abstract provided.
A License To Infringe: The Tenth Circuit’S Reliance On The Reasonable Observer Test To Determine Symbolic Speech Protection Of License Plates, Hayley Ray Scott
A License To Infringe: The Tenth Circuit’S Reliance On The Reasonable Observer Test To Determine Symbolic Speech Protection Of License Plates, Hayley Ray Scott
Oklahoma Law Review
No abstract provided.
Can The Undue-Burden Standard Add Clarity And Rigor To Intermediate Scrutiny In First Amendment Jurisprudence? A Proposal Cutting Across Constitutional Domains For Time, Place & Manner Regulations, Clay Calvert, Minch Minchin
Can The Undue-Burden Standard Add Clarity And Rigor To Intermediate Scrutiny In First Amendment Jurisprudence? A Proposal Cutting Across Constitutional Domains For Time, Place & Manner Regulations, Clay Calvert, Minch Minchin
Oklahoma Law Review
No abstract provided.
The Costly Exercise Of Religion: Issues On Diocesan Bankruptcy Estate Formation And First Amendment Implications, Simon W. Bright
The Costly Exercise Of Religion: Issues On Diocesan Bankruptcy Estate Formation And First Amendment Implications, Simon W. Bright
Oklahoma Law Review
No abstract provided.
Testimony On Unmanned Aircraft Systems Rules And Regulations, Stephen Henderson
Testimony On Unmanned Aircraft Systems Rules And Regulations, Stephen Henderson
Other Faculty Publications
Chairman Barrington, Vice Chair Brooks, members of the Committee on Public Safety, Senators, and distinguished guests, I am grateful for the opportunity to speak to you today about unmanned aerial systems, or drones, and more particularly about their federal constitutional implications and what might be the constitutional restrictions on any legislation you might like to enact. I am the Judge Haskell A. Holloman Professor of Law at the University of Oklahoma, where my teaching and research focus on criminal law and procedure and privacy, including the constitutional rights pertaining thereto.My topic is not an easy one. The constitutional law is …
If You Fly A Drone, So Can Police, Stephen Henderson
If You Fly A Drone, So Can Police, Stephen Henderson
Other Faculty Publications
Written for Slate's Future Tense.According to the U.S. Constitution, the more you fly your drone, the more police can fly theirs. “Come on,” you might reply, “that hoary document”—and, yes, sorry to make you the sort who drops words like hoary—“that hoary document surely says nothing about drones.” But in fact it does. At least it does as interpreted by the courts. In particular, it is how they interpret the Fourth Amendment. So, to understand this aspect of drones, we first must understand this provision of the Bill of Rights...
Blackhawk Down Or Blackhorse Down? The Lanham Act’S Prohibition Of Trademarks That “May Disparage” & The First Amendment, Russ Versteeg
Blackhawk Down Or Blackhorse Down? The Lanham Act’S Prohibition Of Trademarks That “May Disparage” & The First Amendment, Russ Versteeg
Oklahoma Law Review
No abstract provided.
Regulating Drones Under The First And Fourth Amendments, Marc Blitz, James Grimsley, Stephen E. Henderson, Joseph Thai
Regulating Drones Under The First And Fourth Amendments, Marc Blitz, James Grimsley, Stephen E. Henderson, Joseph Thai
Faculty Articles
The FAA Modernization and Reform Act of 2012 requires the Federal Aviation Administration to integrate unmanned aerial vehicles (UAVs), or drones, into the national airspace system by September of this year. Yet perhaps because of their chilling accuracy in targeted killings abroad, perhaps because of an increasing consciousness of diminishing privacy more generally, and perhaps simply because of a fear of the unknown, divergent UAV-restrictive legislation has been proposed in Congress and enacted in a number of states. Ultimately, given UAV utility and cost effectiveness over a vast range of tasks, widespread commercial use seems certain. So it is imperative …
Rehabilitating Concession Theory, Stefan Padfield
Rehabilitating Concession Theory, Stefan Padfield
Oklahoma Law Review
In Citizens United v. FEC, a 5-4 majority of the Supreme Court ruled that “the Government cannot restrict political speech based on the speaker's corporate identity.” The decision remains controversial, with many arguing that the Court effectively overturned more than 100 years of precedent. I have previously argued that this decision turned on competing conceptions of the corporation, with the majority adopting a contractarian view while the dissent advanced a state concession view. However, the majority opinion was silent on the issue of corporate theory, and the dissent went so far as to expressly disavow any role for corporate …
Picking Up Where Katcoff Left Off: Developing A Framework For A Constitutional Military Chaplaincy, Malcolm H. Wilkerson
Picking Up Where Katcoff Left Off: Developing A Framework For A Constitutional Military Chaplaincy, Malcolm H. Wilkerson
Oklahoma Law Review
Under existing precedent, portions of the military chaplaincy program are unconstitutional. Although presenting at least the appearance of the “establishment” of religion, the military chaplaincy program has never been successfully challenged on constitutional grounds—despite its history of more than two centuries. The only court that has directly confronted the issue upheld the military chaplaincy based on what appears to be a counter-intuitive application of the Free Exercise Clause. Namely, the military chaplaincy program ensures the free exercise rights of service members who, because of their military service, would otherwise be deprived of access to religious services. And indeed, when a …
Knight V. Thompson: The Eleventh Circuit's Perpetuation Of Historical Practices Of Colonization, Randi Dawn Gardner Hardin
Knight V. Thompson: The Eleventh Circuit's Perpetuation Of Historical Practices Of Colonization, Randi Dawn Gardner Hardin
American Indian Law Review
No abstract provided.
Walking The Executive Speech Tightrope: From Starbucks To Chick-Fil-A, Loren F. Selznick
Walking The Executive Speech Tightrope: From Starbucks To Chick-Fil-A, Loren F. Selznick
Oklahoma Law Review
No abstract provided.
Tinker Takes On Tatro: The Minnesota Supreme Court's Missed Opportunity, Tracey Wirmani
Tinker Takes On Tatro: The Minnesota Supreme Court's Missed Opportunity, Tracey Wirmani
Oklahoma Law Review
No abstract provided.
To Ban Or Not To Ban Blasphemous Videos, Evelyn Aswad
To Ban Or Not To Ban Blasphemous Videos, Evelyn Aswad
Faculty Articles
No abstract provided.
Selling Land And Religion, Eang Ngov
Selling Land And Religion, Eang Ngov
Faculty Articles
Thousands of religious monuments have been donated to cities and towns. Under Pleasant Grove City v. Summum, local, state, and federal governments now have greater freedom to accept religious monuments, symbols, and objects donated to them for permanent display in public spaces without violating the Free Speech Clause. Now that governments may embrace religious monuments and symbols as their own speech, the obvious question arises whether governments violate the Establishment Clause by permanently displaying a religiously significant object. Fearing an Establishment Clause violation, some governmental bodies have privatized religious objects and the land beneath them by selling or transferring the …
Too Narrow Of A Holding? How—And Perhaps Why—Chief Justice John Roberts Turned Snyder V. Phelps Into An Easy Case, Clay Calvert
Too Narrow Of A Holding? How—And Perhaps Why—Chief Justice John Roberts Turned Snyder V. Phelps Into An Easy Case, Clay Calvert
Oklahoma Law Review
This article analyzes the United States Supreme Court’s March 2011 decision in Snyder v. Phelps. Specifically, it demonstrates the narrow nature of the holding, and argues that while narrow framing, in the tradition of judicial minimalism, may have been a strategic move by Chief Justice John Roberts to obtain a decisive eight-justice majority, the resulting opinion failed to advance First Amendment jurisprudence significantly. Instead, the outcome simply—even predictably—fell in line with an established order of decisions. This article examines four tactics employed by the Chief Justice to narrow the case in such a way that its outcome was essentially …
Territory, Wilderness, Property, And Reservation: Land And Religion In Native American Supreme Court Cases, Kathleen Sands
Territory, Wilderness, Property, And Reservation: Land And Religion In Native American Supreme Court Cases, Kathleen Sands
American Indian Law Review
In two trilogies of Supreme Court Decisions, both involving Native Americans, land is a key metaphor, figuring variously as property, territory, wilderness, and reservation. The first trilogy, written by Chief Justice John Marshall, comprises Johnson v. M'Intosh (1823), Cherokee Nation v. Georgia (1831), and Worcester v. Georgia (1832). The second trilogy concerns Native American claims for religious freedom under the First Amendment and includes Bowen v. Roy (1986), Lyng v. Northwest Cemetery Protective Association (1988), and Employment Division of Oregon v. Smith (1990). The Marshal cases attempted to legitimate the transformation of land from wilderness to territory and property, and …
Essay: Religious Displays And The Voluntary Approach To Church And State, Thomas Berg
Essay: Religious Displays And The Voluntary Approach To Church And State, Thomas Berg
Oklahoma Law Review
No abstract provided.