First Amendment Commons^™

Unmuted: Solutions To Safeguard Constitutional Rights In Virtual Courtrooms And How Technology Can Expand Access To Quality Counsel And Transparency In The Criminal Justice System, Matthew Bender

Villanova Law Review (1956 - )

No abstract provided.

Unfriending Tinker : The Third Circuit Holds Schools Cannot Regulate Off-Campus Social Media Speech, Amanda N. Harding

Villanova Law Review (1956 - )

No abstract provided.

Tort Law Inside Out, Cristina Carmody Tilley

Faculty Publications

For more than a century, scholars have been looking at tort law from the outside in. Theorists committed to external goals like efficient allocation of resources or moral justice have treated tort as a mere vehicle for the achievement of their policy preferences, rather than as a body of law with a discernible internal purpose. It is time to revisit tort on its own terms.

This Article takes its cue from the New Doctrinalists, who urge that extralegal normative insights from fields such as economics or philosophy aid adjudication only when they are directly tethered to legal concepts; that is, …

You Can't Sit With Us: Limiting Free Speech In Sports Arenas And How The Tampa Bay Lightning Took Home Ice Advantage Too Far, Kaitlin Shire

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Tort, Speech, And The Dubious Alchemy Of State Action, Cristina Carmody Tilley

Faculty Publications

Plaintiffs have historically used private law torts like defamation, privacy, and intentional infliction of emotional distress to vindicate their dignitary interests. But fifty years ago in New York Times v. Sullivan, the Supreme Court took an unprecedented approach to state action doctrine in order to recast these causes of action as public-private law hybrids that explicitly privileged speech over dignity. In constitutional challenges to private law disputes, the Court had for decades defined the state action under review to include just the contested verdict at issue. In Sullivan, it broke with that practice and defined the relevant state action to …

Lance Armstrong Wins Again By Surviving A Lawsuit For Misrepresentations And Fraud Without So Much As A "Slapp" On The Wrist, Anna Haslinsky

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Total Eclipse Of The Tweet: How Social Media Restrictions On Student And Professional Athletes Affect Free Speech, Tehrim Umar

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Secret's Out: Third Circuit Find Delaware's State Sponsored Arbitration Program Violates First Amendment Right Of Public Access In Delaware Coalition For Open Government V. Strine, Dean J. Shauger

Villanova Law Review (1956 - )

No abstract provided.

Constitutional Combat: Is Fighting A Form Of Free Speech? The Ultimate Fighting Championship And Its Struggle Against The State Of New York Over The Message Of Mixed Martial Arts, Daniel Berger

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

What's All The Noise About: Did The New York Yankees Violate Fans' First Amendment Rights By Banning Vuvulezas In Yankee Stadium?, Shane Kotlarsky

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

City Walls Can Speak: The Street Art Movement And Graffiti's Place In First Amendment Jurisprudence, Elizabeth G. Gee

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Rescuing The Dignitary Torts From The Constitution, Cristina Carmody Tilley

Faculty Publications

The rights of individuals to recover for dignitary torts has been withering for the past forty years, since the Supreme Court constitutionalized the state common law tort of defamation in New York Times v. Sullivan in 1964. The Court announced in that case that the First Amendment required it to impose high standards for individual defamation claims in order to protect robust speech. As that principle has taken hold, it has in effect squeezed the rights of individuals to recover for invasion of privacy and intentional infliction of emotional distress as well as defamation. Just last Term, the Court held …

The End Of Indecency - The Second Circuit Invalidates The Fcc's Indecency Policy In Fox Televisions Stations, Inc. V. Fcc, John V. O'Grady

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Kiddie Porn In The Gallery: Defending The Artist's Corpus Or Invading The Corporal Integrity Of The Subject, Jessica N. White

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Reviving Slander, Cristina Carmody Tilley

Faculty Publications

Roman law treated differently speech restricted to small, closed communities and speech within or among large, permeable communities. Intracommunity speech was subject to unlimited tort consequences, while intercommunity speech was subject to central government regulation. As English speech law evolved, slander rules governing spoken speech became a convenient proxy for intracommunity speech regulation, while libel rules governing written speech became a convenient proxy for intercommunity speech. In American law, the conceptual collapse of slander and libel meant that constitutional limits designed to lift central government regulation of intercommunity speech perhaps inadvertently vitiated tort consequences for intracommunity speech. The Supreme Court's …

Honest To Blog: Balancing The Interests Of Public Figures And Anonymous Bloggers In Defamation Lawsuits, Yang-Ming Tham

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Do Churches Matter - Towards An Institutional Understanding Of The Religion Clauses, Richard W. Garnett

Villanova Law Review (1956 - )

No abstract provided.

Subsidiary And Religious Establishments In The United States Constitution, Kyle Duncan

Villanova Law Review (1956 - )

No abstract provided.

Virtual Worlds - Real Courts, Kevin W. Saunders

Villanova Law Review (1956 - )

No abstract provided.

Church, State, And The Practice Of Love, Richard W. Garnett

Villanova Law Review (1956 - )

No abstract provided.

Obscenity Prosecutions And The Bush Administration: The Inside Perspective Of The Adult Entertainment Industry & Defense Attorney Louis Sirkin, Robert D. Richards, Clay Calvert

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Bachelor Parties Beware: The Third Circuit Grapples With Alcohol, Strip Clubs And The Constitutionality Of Morality Legislation, Gregory S. Voshell

Villanova Law Review (1956 - )

No abstract provided.

Stern Penalties: How The Federal Communications Commission And Congress Look To Crackdown On Indecent Broadcasting, Geoffrey Rosenblat

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Disrobed: The Constitution Of Modesty, Anita L. Allen

Villanova Law Review (1956 - )

No abstract provided.

Context Is King: A Perception-Based Test For Evaluating Government Displays Of The Ten Commandments, Nathan P. Heller

Villanova Law Review (1956 - )

No abstract provided.

First Amendment Rights Behind Bars: To Deny A Prisoner Pornography, The Third Circuit In Ramirez V. Pugh Requires Proof Of Detriment To Rehabilitation, Victoria Ford

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Nonestablishment Under God - The Nonsectarian Principle, Steven D. Smith

Villanova Law Review (1956 - )

No abstract provided.

Got Milk... Not Today: The Third Circuit Defends First Amendment Rights For Small Dairy Farmers, Jaret N. Gronczewski

Villanova Law Review (1956 - )

No abstract provided.

Playing Hide And Seek: How To Protect Virtual Pornographers And Actual Children On The Internet, Audrey Rogers

Villanova Law Review (1956 - )

No abstract provided.

The Band From Hell: An Examinatioin Of Suicide On Stage As Expressive Conduct Under The First Amendment, Elizabeth Cameron

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.