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Articles 301 - 330 of 553
Full-Text Articles in First Amendment
The Continuing Threshold Test For Free Exercise Claims, Andy G. Olree
The Continuing Threshold Test For Free Exercise Claims, Andy G. Olree
William & Mary Bill of Rights Journal
When a claimant challenges some governmental law or action under the Free Exercise Clause of the First Amendment, courts have long required the claimant to make out a prima facie case that the government has burdened the exercise of the claimant's sincerely held religious beliefs. This requirement has been referred to as the threshold test for free exercise claims, since claimants must make this showing as a threshold matter before courts will proceed to evaluate the burden and the governmental interest at stake under some standard of scrutiny. This Article argues that although the Supreme Court of the United States …
Civil Procedure And The Establishment Clause: Exploring The Ministerial Exception, Subject-Matter Jurisdiction, And The Freedom Of The Church, Gregory A. Kalscheur
Civil Procedure And The Establishment Clause: Exploring The Ministerial Exception, Subject-Matter Jurisdiction, And The Freedom Of The Church, Gregory A. Kalscheur
William & Mary Bill of Rights Journal
What sort of defense is provided by the ministerial exception to employment discrimination claims? The ministerial exception bars civil courts from reviewing the decisions of religious organizations regarding the employment of their ministerial employees. While the exception itself is widely recognized by courts, there is confusion with respect to the proper characterization of the defense provided by the exception: should it be seen as a subject matter jurisdiction defense, or as a challenge to the legal sufficiency of the plaintiff's claim? This Article argues that articulating the right answer to this question of civil procedure is crucial to a proper …
Possession Is Nine Tenths Of The Law: But Who Really Owns A Church's Property In The Wake Of A Religious Split Within A Hierarchical Church?, Meghaan Cecilia Mcelroy
Possession Is Nine Tenths Of The Law: But Who Really Owns A Church's Property In The Wake Of A Religious Split Within A Hierarchical Church?, Meghaan Cecilia Mcelroy
William & Mary Law Review
No abstract provided.
The State Of The First Amendment, Timothy Zick
The Fleeting Expletives Case, Timothy Zick
The Press And Preemptive Arrests, Timothy Zick
Meatspaces, Cyberspaces, And (Relative) Expressive Freedom, Timothy Zick
Meatspaces, Cyberspaces, And (Relative) Expressive Freedom, Timothy Zick
Popular Media
No abstract provided.
Freedom Of Expression Elsewhere, Timothy Zick
The Political Conventions And The First Amendment, Timothy Zick
The Political Conventions And The First Amendment, Timothy Zick
Popular Media
No abstract provided.
The Reaction To Convention Militarization, Timothy Zick
The Reaction To Convention Militarization, Timothy Zick
Popular Media
No abstract provided.
Pole Dancing: The New Pilates?, Timothy Zick
Porn Air, Timothy Zick
The Cross At College: Accomodation And Acknowledgment Of Religion At Public Universities, Ira C. Lupu, Robert W. Tuttle
The Cross At College: Accomodation And Acknowledgment Of Religion At Public Universities, Ira C. Lupu, Robert W. Tuttle
William & Mary Bill of Rights Journal
No abstract provided.
Free Expression And Education: Between Two Democracies, Stephen M. Feldman
Free Expression And Education: Between Two Democracies, Stephen M. Feldman
William & Mary Bill of Rights Journal
No abstract provided.
Higher Education, Harassment, And First Amendment Opportunism, Kenneth L. Marcus
Higher Education, Harassment, And First Amendment Opportunism, Kenneth L. Marcus
William & Mary Bill of Rights Journal
No abstract provided.
Intelligent Design In Public University Science Departments: Academic Freedom Or Establishment Of Religion, Frank S. Ravitch
Intelligent Design In Public University Science Departments: Academic Freedom Or Establishment Of Religion, Frank S. Ravitch
William & Mary Bill of Rights Journal
No abstract provided.
Falsity, Insincerity, And The Freedom Of Expression, Mark Spottswood
Falsity, Insincerity, And The Freedom Of Expression, Mark Spottswood
William & Mary Bill of Rights Journal
Three decades ago, the Supreme Court announced that false statements of fact are devoid of constitutional value, without providing either a reasoned explanation for that principle or any supporting citations. This assertion has become one of the most frequently repeated dogmas of First Amendment law and theory, endlessly repeated and never challenged. Disturbingly, this idea has provided the theoretic foundation for a regime in which some speakers can be penalized for even honestly believed factual errors. Even worse, this dogma is flat wrong.
False statements often have value in themselves, and we should protect them even in some situations where …
Garcetti V. Ceballos: Stifling The First Amendment In The Public Workplace, Julie A. Wenell
Garcetti V. Ceballos: Stifling The First Amendment In The Public Workplace, Julie A. Wenell
William & Mary Bill of Rights Journal
No abstract provided.
Keep Out Of Myspace!: Protecting Students From Unconstitutional Suspensions And Expulsions, Christi Cassel
Keep Out Of Myspace!: Protecting Students From Unconstitutional Suspensions And Expulsions, Christi Cassel
William & Mary Law Review
No abstract provided.
Funerals And Free Speech, Timothy Zick
A Rush To Condemn, Timothy Zick
The First Amendment As/And Harassment, Timothy Zick
The First Amendment As/And Harassment, Timothy Zick
Popular Media
No abstract provided.
Second Class Citizen Soldiers: A Proposal For Greater First Amendment Protections For America's Military Personnel, Emily Reuter
Second Class Citizen Soldiers: A Proposal For Greater First Amendment Protections For America's Military Personnel, Emily Reuter
William & Mary Bill of Rights Journal
No abstract provided.
War And The Politics Of Free Speech, Timothy Zick
Student Tasered At Kerry Forum, Timothy Zick
Public Employee Speech Rights Fall Prey To An Emerging Doctrinal Formalism, Charles W. "Rocky" Rhodes
Public Employee Speech Rights Fall Prey To An Emerging Doctrinal Formalism, Charles W. "Rocky" Rhodes
William & Mary Bill of Rights Journal
No abstract provided.
Recognizing The Grey: Toward A New View Of The Law Governing Digital Music Sampling Informed By The First Amendment, William Y. Durbin
Recognizing The Grey: Toward A New View Of The Law Governing Digital Music Sampling Informed By The First Amendment, William Y. Durbin
William & Mary Bill of Rights Journal
No abstract provided.
Stop Restricting Speech And Educate The Public: A Review Of The Aba's Proposed Campaign Activity Canon Of The Model Code Of Judicial Conduct, Tiffany L. Carwile
Stop Restricting Speech And Educate The Public: A Review Of The Aba's Proposed Campaign Activity Canon Of The Model Code Of Judicial Conduct, Tiffany L. Carwile
William & Mary Bill of Rights Journal
No abstract provided.
Clouds, Cameras, And Computers: The First Amendment And Networked Public Places, Timothy Zick
Clouds, Cameras, And Computers: The First Amendment And Networked Public Places, Timothy Zick
Faculty Publications
It seems to be a common assumption that physical places like parks, sidewalks, and public squares, and "cyber-places" like the Web, constitute separate locations of communication. In reality, however, the intersection and collision of these two spaces is imminent. In some respects it has already occurred. Entire cities and counties are erecting wireless "clouds" that will bring the Internet to vast public spaces. Technologies of surveillance continue to proliferate. What one does and says in public places is increasingly subject to surveillance by means of a combination of hand-held devices and official surveillance tools like closed circuit television cameras (CCTV). …
Sex Offenders In The Community: Their Public Persona And The Media's Corresponding Privilege To Report, Douglas Griswold
Sex Offenders In The Community: Their Public Persona And The Media's Corresponding Privilege To Report, Douglas Griswold
William & Mary Bill of Rights Journal
No abstract provided.