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Articles 271 - 300 of 553
Full-Text Articles in First Amendment
Summum, The Vocality Of Public Places, And The Public Forum, Timothy Zick
Summum, The Vocality Of Public Places, And The Public Forum, Timothy Zick
Faculty Publications
No abstract provided.
Territoriality And The First Amendment: Free Speech At - And Beyond - Our Borders, Timothy Zick
Territoriality And The First Amendment: Free Speech At - And Beyond - Our Borders, Timothy Zick
Faculty Publications
No abstract provided.
The Bapcpa, The Gag Rule, And The First Amendment: A Proposal For Alignment Through Interpretive And Analytical Change, Cullen Ann Drescher
The Bapcpa, The Gag Rule, And The First Amendment: A Proposal For Alignment Through Interpretive And Analytical Change, Cullen Ann Drescher
William & Mary Bill of Rights Journal
No abstract provided.
Taking My Leave, Timothy Zick
Flipping The Bird, Timothy Zick
Foreign Contacts And The First Amendment, Timothy Zick
Foreign Contacts And The First Amendment, Timothy Zick
Popular Media
No abstract provided.
Objecting In The Open: Why Occupy Wall Street Chose Public Spaces, Timothy Zick
Objecting In The Open: Why Occupy Wall Street Chose Public Spaces, Timothy Zick
Popular Media
No abstract provided.
Fifth Avenue Freeze-Out, Timothy Zick
Free Speech And Civil Liability, Timothy Zick
Cross-Border Speech Conflicts, Timothy Zick
Property As/And Constitutional Settlement, Timothy Zick
Property As/And Constitutional Settlement, Timothy Zick
Popular Media
No abstract provided.
Free Speech And The Furrier, Timothy Zick
Buffers, Bubbles, And Abortion Speech, Timothy Zick
Buffers, Bubbles, And Abortion Speech, Timothy Zick
Popular Media
No abstract provided.
Speech And The Identity Crisis, Timothy Zick
Must God Be Dead Or Irrelevant: Drawing A Circle That Lets Me In, Richard M. Esenberg
Must God Be Dead Or Irrelevant: Drawing A Circle That Lets Me In, Richard M. Esenberg
William & Mary Bill of Rights Journal
Some scholars claim that current Establishment Clause doctrine can increasingly be explained in terms of substantive neutrality-that is, the idea that government ought to treat religion and irreligion (or comparable secular activities) in the same way. Whether a product of the Court's commitment to the idea or an artifact of the positions of the "swing" Justices, this proposition has considerable explanatory power. The Supreme Court has, in recent years, permitted the government to make financial support equally available for religious uses, as long as it is done on a neutral basis and through the private choice of the recipients. It …
Guns And Speech Technologies: How The Right To Bear Arms Affects Copyright Regulations Of Speech Technologies, Edward Lee
William & Mary Bill of Rights Journal
This Article examines the possible effect the Supreme Court's landmark Second Amendment ruling in District of Columbia v. Heller will have on future cases brought under the Free Press Clause.' Based on the text and history of the Constitution, the connection between the two Clauses is undeniable, as the Heller Court itself repeatedly suggested. Only two provisions in the entire Constitution protect individual rights to a technology: the Second Amendment's right to bear "arms" and the Free Press Clause's right to the freedom of the "press," meaning the printing press. Both rights were viewed, moreover, as pre-existing, natural rights to …
Religion In The Workplace: A Report On The Layers Of Relevant Law In The United States, William W. Van Alstyne
Religion In The Workplace: A Report On The Layers Of Relevant Law In The United States, William W. Van Alstyne
Faculty Publications
No abstract provided.
The Public's Domain In Trademark Law: A First Amendment Theory Of The Consumer, Laura A. Heymann
The Public's Domain In Trademark Law: A First Amendment Theory Of The Consumer, Laura A. Heymann
Faculty Publications
No abstract provided.
Making Sense Of High School Speech After Morse V. Frederick, Mark W. Cordes
Making Sense Of High School Speech After Morse V. Frederick, Mark W. Cordes
William & Mary Bill of Rights Journal
No abstract provided.
Unpleasant Speech On Campus, Even Hate Speech, Is A First Amendment Issue, Erwin Chemerinsky
Unpleasant Speech On Campus, Even Hate Speech, Is A First Amendment Issue, Erwin Chemerinsky
William & Mary Bill of Rights Journal
No abstract provided.
Separationism To The Extreme: The Mt. Soledad Cross And The Ninth Circuit's Crusade To Burden The Free Exercise Clause, Cameron M. Rountree
Separationism To The Extreme: The Mt. Soledad Cross And The Ninth Circuit's Crusade To Burden The Free Exercise Clause, Cameron M. Rountree
William & Mary Bill of Rights Journal
No abstract provided.
When Freedom Is Not Free: Investigating The First Amendment's Potential For Providing Protection Against Sexual Profiling In The Public Workplace, Michele Alexandre
When Freedom Is Not Free: Investigating The First Amendment's Potential For Providing Protection Against Sexual Profiling In The Public Workplace, Michele Alexandre
William & Mary Journal of Race, Gender, and Social Justice
This article explores the ways in which bodily expression can constitute symbolic speech that courts should protect pursuant to the First Amendment of the Constitution. In a previous article, I referred to this type of bodily speech as "body protest."' Body protest can refer to actions that individuals undertake to assert their autonomy, identity, and freedom from societal restrictions. For women, body protest may be used "to challenge gender restrictions and to activate women-centric legal reforms."2 For example, women may express body protest through dance, dress, or performance arts. These individuals are often sexually profiled because of how they use …
"Duty-Defining Power" And The First Amendment's Civil Domain, Timothy Zick
"Duty-Defining Power" And The First Amendment's Civil Domain, Timothy Zick
Faculty Publications
In Rethinking Free Speech and Civil Liability,1 Daniel Solove and Neil Richards attempt something truly ambitious. The authors seek to map coherent boundaries for the First Amendment’s vast civil domain. Their project merits serious attention. Currently, different rules apply to civil liability for speech depending on whether the liability arises in tort, contract, or property. Solove and Richards claim that these boundaries are unworkable, under-theorized, and in some cases destined to collide. They develop a framework for mapping the First Amendment’s civil domain that is based upon a distinction regarding the type of power the state exercises in various civil …
Giving Dissenters Back Their Rights: How The White House Presidential Advance Manual Changes The First Amendment And Standing Debates, Kimberly Albrecht-Taylor
Giving Dissenters Back Their Rights: How The White House Presidential Advance Manual Changes The First Amendment And Standing Debates, Kimberly Albrecht-Taylor
William & Mary Bill of Rights Journal
No abstract provided.
Gatekeeping Vs. Balancing In The Constitutional Law Of Elections: Methodological Uncertainty On The High Court, Christopher S. Elmendorf, Edward B. Foley
Gatekeeping Vs. Balancing In The Constitutional Law Of Elections: Methodological Uncertainty On The High Court, Christopher S. Elmendorf, Edward B. Foley
William & Mary Bill of Rights Journal
This Essay examines the methodological upheaval created by the quartet of constitutional election law cases decided during October Term 2007. Prior to this Term, the ascendant analytic approach called for a threshold characterization of the burden on the plaintiff's rights, which characterization determined whether the court would apply strict scrutiny or lax, rational-basis-like review. The characterization was generally formal in nature. But in light of the Supreme Court's latest decisions, it is now open to a lower court adjudicating a First Amendment or Equal Protection challenge to an election law-absent a Supreme Court precedent squarely on point- (1) to engage …
Election Apparel And The Fashion Police, Timothy Zick
Election Apparel And The Fashion Police, Timothy Zick
Popular Media
No abstract provided.
The University Campus As “Useless Appendage”, Timothy Zick
The University Campus As “Useless Appendage”, Timothy Zick
Popular Media
No abstract provided.
The Sanctity Of Polling Places, Timothy Zick
Freedom To Err: The Idea Of Natural Selection In Politics, Schools, And Courts, Paul D. Carrington
Freedom To Err: The Idea Of Natural Selection In Politics, Schools, And Courts, Paul D. Carrington
William & Mary Bill of Rights Journal
No abstract provided.
Changing State Laws To Prohibit The Display Of Hangman's Nooses: Tightening The Knot Around The First Amendment?, Allison Barger
Changing State Laws To Prohibit The Display Of Hangman's Nooses: Tightening The Knot Around The First Amendment?, Allison Barger
William & Mary Bill of Rights Journal
No abstract provided.