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First Amendment Commons™

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William & Mary Law School

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Articles 331 - 360 of 553

Full-Text Articles in First Amendment

Corporate Speech, Securities Regulation, And An Institutional Approach To The First Amendment, Michael R. Siebecker Nov 2006

Corporate Speech, Securities Regulation, And An Institutional Approach To The First Amendment, Michael R. Siebecker

William & Mary Law Review

Does the First Amendment shield politically tinged corporate speech from the compelled disclosure and reporting requirements embedded in the U.S. securities laws? The question arises in the securities regulation context because of an impending jurisprudential train wreck between the Supreme Court's commercial speech doctrine and its approach to corporate political speech. As corporations begin mixing commercial messages with political commentary, First Amendment jurisprudence simply provides insufficient guidance on the role government should play in regulating that speech. Although First Amendment jurisprudence generally counsels against governmental restrictions on corporate political speech without regard to the truth or falsity of the message, …


Introduction: Religion, Division, And The Constitution, Richard W. Garnett Oct 2006

Introduction: Religion, Division, And The Constitution, Richard W. Garnett

William & Mary Bill of Rights Journal

No abstract provided.


Pluralism And Public Legal Reason, Lawrence B. Solum Oct 2006

Pluralism And Public Legal Reason, Lawrence B. Solum

William & Mary Bill of Rights Journal

No abstract provided.


Empiricism, Religion, And Judicial Decision-Making, Stephen M. Feldman Oct 2006

Empiricism, Religion, And Judicial Decision-Making, Stephen M. Feldman

William & Mary Bill of Rights Journal

No abstract provided.


Religions, Fragmentations, And Doctrinal Limits, Frederick Mark Gedicks Oct 2006

Religions, Fragmentations, And Doctrinal Limits, Frederick Mark Gedicks

William & Mary Bill of Rights Journal

No abstract provided.


A House Divided? What Social Science Has To Say About The Culture War, David E. Campbell Oct 2006

A House Divided? What Social Science Has To Say About The Culture War, David E. Campbell

William & Mary Bill of Rights Journal

No abstract provided.


Religious Tests In The Mirror: The Constitutional Law And Constitutional Etiquette Of Religion In Judicial Nominations, Paul Horwitz Oct 2006

Religious Tests In The Mirror: The Constitutional Law And Constitutional Etiquette Of Religion In Judicial Nominations, Paul Horwitz

William & Mary Bill of Rights Journal

No abstract provided.


Social Reproduction And Religious Reproduction: A Democratic-Communitarian Analysis Of The Yoder Problem, Josh Chafetz Oct 2006

Social Reproduction And Religious Reproduction: A Democratic-Communitarian Analysis Of The Yoder Problem, Josh Chafetz

William & Mary Bill of Rights Journal

No abstract provided.


From Bricks To Pajamas: The Law And Economics Of Amateur Journalism, Larry E. Ribstein Oct 2006

From Bricks To Pajamas: The Law And Economics Of Amateur Journalism, Larry E. Ribstein

William & Mary Law Review

Weblogs have proliferated rapidly in recent years, attracting significant attention and generating important legal issues. Yet so far no coherent economic framework for addressing these issues exists. This Article begins to develop such a framework. It views blogs as the vanguard of what might be called "amateur journalism. " Because the Web and related technology have enabled low entry barriers, blogs can be an important source of specialized knowledge. However, bloggers do not work within a monitoring structure as in large news organizations, and individual blogs may be less accurate than conventional news sources. On the other hand, blogs as …


Cutter And The Preferred Position Of The Free Exercise Clause, Steven Goldberg Apr 2006

Cutter And The Preferred Position Of The Free Exercise Clause, Steven Goldberg

William & Mary Bill of Rights Journal

No abstract provided.


Speech And The Self-Governance Value, Brian C. Murchison Apr 2006

Speech And The Self-Governance Value, Brian C. Murchison

William & Mary Bill of Rights Journal

No abstract provided.


A Clearing In The Forest: Infusing The Labor Union Dues Dispute With First Amendment Values, Harry G. Hutchinson Apr 2006

A Clearing In The Forest: Infusing The Labor Union Dues Dispute With First Amendment Values, Harry G. Hutchinson

William & Mary Bill of Rights Journal

This article deploys public choice theory and postmodem identity claims to develop a far-reaching understanding of the union dues dispute, which suggests that the burden of proof on the existence of and/or the possibility of an enduring union community should be placed on proponents of this view. While the postmodern project can be seen as an unsettled approach that is riven by coherency issues, not the least, its insistence on offering the good without the true, it supplies modest benefits by revealing the conceivably infinite varieties of human preferences in contemporary America. The absence of preference convergence, understood from the …


Property, Place, And Public Discourse, Timothy Zick Apr 2006

Property, Place, And Public Discourse, Timothy Zick

Faculty Publications

No abstract provided.


The Year Of Leaking Dangerously: Shadowy Sources, Jailed Journalists And The Uncertain Future Of The Federal Journalist's Privilege., Anthony L. Fargo Feb 2006

The Year Of Leaking Dangerously: Shadowy Sources, Jailed Journalists And The Uncertain Future Of The Federal Journalist's Privilege., Anthony L. Fargo

William & Mary Bill of Rights Journal

No abstract provided.


Space, Place, And Speech: The Expressive Topography, Timothy Zick Jan 2006

Space, Place, And Speech: The Expressive Topography, Timothy Zick

Faculty Publications

No abstract provided.


Speech And Spatial Tactics, Timothy Zick Jan 2006

Speech And Spatial Tactics, Timothy Zick

Faculty Publications

No abstract provided.


The Market For Legal Education And Freedom Of Association: Why The "Solomon Amendment" Is Constitutional And Law Schools Are Not Expressive Associations, Andrew P. Morriss Dec 2005

The Market For Legal Education And Freedom Of Association: Why The "Solomon Amendment" Is Constitutional And Law Schools Are Not Expressive Associations, Andrew P. Morriss

William & Mary Bill of Rights Journal

This term the Supreme Court will confront the constitutionality of the Solomon Amendment, which mandates equal access for military recruiters at universities that accept federal funding. The Third Circuit previously held the statute unconstitutional. This Article argues that the Court should reverse and uphold the statute because the lower court failed to consider the cartelized nature of legal education and so assumed that law schools are "expressive associations" entitled to assert First Amendment claims; the court also failed to give proper deference to Congress's exercise of its Article I power to raise and support armies and over-valued law faculties' interest …


Up Against The Wall Of Separation: The Question Of American Religious Democracy, Bruce Ledewitz Dec 2005

Up Against The Wall Of Separation: The Question Of American Religious Democracy, Bruce Ledewitz

William & Mary Bill of Rights Journal

No abstract provided.


The Fear Factor: How Fcc Fines Are Chilling Free Speech, Noelle Coates Dec 2005

The Fear Factor: How Fcc Fines Are Chilling Free Speech, Noelle Coates

William & Mary Bill of Rights Journal

No abstract provided.


The Supreme Court And The Ten Commandments: Compounding The Establishment Clause Confusion, Jay A. Sekulow, Francis J. Manion Oct 2005

The Supreme Court And The Ten Commandments: Compounding The Establishment Clause Confusion, Jay A. Sekulow, Francis J. Manion

William & Mary Bill of Rights Journal

No abstract provided.


Upholding The Unbroken Tradition: Constitutional Acknowledgment Of The Ten Commandments In The Public Square, Greg Abbott Oct 2005

Upholding The Unbroken Tradition: Constitutional Acknowledgment Of The Ten Commandments In The Public Square, Greg Abbott

William & Mary Bill of Rights Journal

No abstract provided.


The Original Meaning Of The Establishment Clause, Robert G. Natelson Oct 2005

The Original Meaning Of The Establishment Clause, Robert G. Natelson

William & Mary Bill of Rights Journal

No abstract provided.


Sex, Politics, And Morality, Edward L. Rubin Oct 2005

Sex, Politics, And Morality, Edward L. Rubin

William & Mary Law Review

No abstract provided.


Ten Commandments, Nine Judges, And Five Versions Of One Amendment - The First. ("Now What?"), William W. Van Alstyne Oct 2005

Ten Commandments, Nine Judges, And Five Versions Of One Amendment - The First. ("Now What?"), William W. Van Alstyne

William & Mary Bill of Rights Journal

No abstract provided.


Courtside, Paul M. Smith, Katherine A. Fallow, Daniel Mach, Aaron-Andrew P. Bruhl Apr 2005

Courtside, Paul M. Smith, Katherine A. Fallow, Daniel Mach, Aaron-Andrew P. Bruhl

Popular Media

No abstract provided.


But Could They Pray At Uva? The Fourth Circuit's Application Of The Supreme Court's School Prayer Jurisprudence To The Virginia Military Institute's Adult Cadets, Alexander A. Minard Feb 2005

But Could They Pray At Uva? The Fourth Circuit's Application Of The Supreme Court's School Prayer Jurisprudence To The Virginia Military Institute's Adult Cadets, Alexander A. Minard

William & Mary Bill of Rights Journal

No abstract provided.


Scienter, Causation, And Harm In Freedom Of Expression Analysis: The Right Hand Side Of The Constitutional Calculus, Wilson Huhn Oct 2004

Scienter, Causation, And Harm In Freedom Of Expression Analysis: The Right Hand Side Of The Constitutional Calculus, Wilson Huhn

William & Mary Bill of Rights Journal

No abstract provided.


Challenging The Wisdom Of Solomon: The First Amendment And Military Recruitment On Campus, Clay Calvert, Robert D. Richards Oct 2004

Challenging The Wisdom Of Solomon: The First Amendment And Military Recruitment On Campus, Clay Calvert, Robert D. Richards

William & Mary Bill of Rights Journal

No abstract provided.


Law, Literature, And Libel: Victorian Censorship Of "Dirty Filthy" Books On Birth Control, Kristin Brandser Kalsem Apr 2004

Law, Literature, And Libel: Victorian Censorship Of "Dirty Filthy" Books On Birth Control, Kristin Brandser Kalsem

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Cross Burning, Cockfighting, And Symbolic Meaning: Toward A First Amendment Ethnography, Timothy Zick Apr 2004

Cross Burning, Cockfighting, And Symbolic Meaning: Toward A First Amendment Ethnography, Timothy Zick

William & Mary Law Review

No abstract provided.