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Articles 31 - 60 of 147
Full-Text Articles in First Amendment
The Broader Implications Of Masterpiece Cakeshop, Douglas Laycock
The Broader Implications Of Masterpiece Cakeshop, Douglas Laycock
BYU Law Review
No abstract provided.
The Case Of The Exemption Claimants: Religion, Conscience, And Identity, Steven D. Smith
The Case Of The Exemption Claimants: Religion, Conscience, And Identity, Steven D. Smith
BYU Law Review
No abstract provided.
The Original Meaning Of “Religion” In The First Amendment: A Test Case Of Originalism’S Utilization Of Corpus Linguistics, Lee J. Strang
The Original Meaning Of “Religion” In The First Amendment: A Test Case Of Originalism’S Utilization Of Corpus Linguistics, Lee J. Strang
BYU Law Review
Originalism is the theory of constitutional interpretation that identifies the constitutional text’s public meaning when it was ratified as its authoritative meaning. Corpus linguistics is the study of word-use regularities and patterns, primarily in written texts. In a prior article, I argued that originalists should utilize corpus linguistics to facilitate originalism’s capacity to accurately uncover this original meaning. However, my arguments there were theoretical; this Essay provides a “test case” of corpus linguistics’ capacity to increase originalism’s methodological accuracy. This Essay accomplishes three modest goals. First, it provides a practical example of the application of corpus linguistics to originalism. This …
Commoditized Speech, “Bargain Fairness,” And The First Amendment, Andrew Tutt
Commoditized Speech, “Bargain Fairness,” And The First Amendment, Andrew Tutt
BYU Law Review
No abstract provided.
The Legal Revolution Against The Place Of Religion: The Case Of Trinity Western University Law School, Barry W. Bussey
The Legal Revolution Against The Place Of Religion: The Case Of Trinity Western University Law School, Barry W. Bussey
BYU Law Review
The special legal status of religion and religious freedom in liberal democracies has become an issue of controversy among legal academics and lawyers. There is a growing argument that religion is not special and that the law should be amended to reflect that fact. This Article argues that religion is special. It is special because of the historical, practical, and philosophical realities of liberal democracies. Religious freedom is a foundational principle that was instrumental in creating the modern liberal democratic state. To remove religion from its current legal station would be a revolution that would put liberal democracy in a …
Human Rights, Religious Freedom, And Peace, David Little
Human Rights, Religious Freedom, And Peace, David Little
BYU Law Review
No abstract provided.
When The State Requires Doctors To Act Against Their Conscience: The Religious Freedom Implications Of The Referral And The Direction Obligations Of Health Practitioners In Victoria And New South Wales, Michael Quinlan
BYU Law Review
No abstract provided.
Upping The Ante: Rethinking Anti-Slapp Laws In The Age Of The Internet, Andrew L. Roth
Upping The Ante: Rethinking Anti-Slapp Laws In The Age Of The Internet, Andrew L. Roth
BYU Law Review
No abstract provided.
Be Careful What You Wish For: Why Hobby Lobby Weakens Religious Freedom, Frank S. Ravitch
Be Careful What You Wish For: Why Hobby Lobby Weakens Religious Freedom, Frank S. Ravitch
BYU Law Review
The United States Supreme Court’s decision in Burwell v. Hobby Lobby Stores, Inc., which brought for-profit corporations under the protection of the Religious Freedom Restoration Act, has been the subject of widespread support and criticism. Some have lauded the Hobby Lobby decision as an important step in protecting religious freedom. Others have derided it as an affront to the civil rights of corporate employees. This Article suggests a third perspective, namely, that Hobby Lobby harms, rather than helps, religious freedom. Both legally and politically, Hobby Lobby is likely to lead to a reduction in protection for religious individuals and entities …
Posner, Blackstone, And Prior Restraints On Speech, Ashutosh Bhagwat
Posner, Blackstone, And Prior Restraints On Speech, Ashutosh Bhagwat
BYU Law Review
Judge Richard Posner recently asserted that the original understanding of the Free Speech Clause of the First Amendment was to prohibit “censorship”—meaning prior restraints—but not subsequent punishments. Posner was following in the footsteps of many other eminent jurists including Oliver Wendell Holmes, Jr., Joseph Story, James Wilson, and ultimately William Blackstone.
The problem is, this claim is simply wrong. Firstly, it misquotes Blackstone. Blackstone said that the liberty of the press meant only freedom from prior restraints; he never discussed speech. When one does examine the Speech Clause, it becomes quite clear that its protections cannot be limited to freedom …
Keynote Address, Orrin G. Hatch
Free Speech And Public Order Exceptions: A Case For The U.S. Standard, Asma T. Uddin
Free Speech And Public Order Exceptions: A Case For The U.S. Standard, Asma T. Uddin
BYU Law Review
No abstract provided.
Commandments, Crosses, & Prayers: The Roberts Court’S Approach To Public Religion, Zachary D. Smith
Commandments, Crosses, & Prayers: The Roberts Court’S Approach To Public Religion, Zachary D. Smith
BYU Law Review
No abstract provided.
The Very Old New Separationism, Alan M. Hurst
Think Of The Children: How The Role Of Students In The Classroom Informs Future Applications Of Garcetti V. Ceballos In Academic Contexts, Aaron Worthen
BYU Law Review
No abstract provided.
Neutrality Fatality As Between Government Speech And Religion And Nonreligion: How The Government Speech Doctrine Provides A Solution, Haley Jankowski
Neutrality Fatality As Between Government Speech And Religion And Nonreligion: How The Government Speech Doctrine Provides A Solution, Haley Jankowski
BYU Law Review
No abstract provided.
The Justices And News Judgment: The Supreme Court As News Editor, Amy Gajda
The Justices And News Judgment: The Supreme Court As News Editor, Amy Gajda
BYU Law Review
No abstract provided.
Not A Free Press Court?, Lyrissa Barnett Lidsky
Morse V. Frederick: Tinkering With School Speech: Can Five Years Of Inconsistent Interpretation Yield A Hybrid Content—Effects-Based Approach To School Speech As A Tool For The Prevention Of School Violence?, Ronald C. Schoedel Iii
Morse V. Frederick: Tinkering With School Speech: Can Five Years Of Inconsistent Interpretation Yield A Hybrid Content—Effects-Based Approach To School Speech As A Tool For The Prevention Of School Violence?, Ronald C. Schoedel Iii
BYU Law Review
No abstract provided.
New Jersey's Anti-Bullying Fix: A Solution Or The Creation Of An Even Greater First Amendment Problem?, Lindsay Nash
New Jersey's Anti-Bullying Fix: A Solution Or The Creation Of An Even Greater First Amendment Problem?, Lindsay Nash
BYU Law Review
No abstract provided.
Tatooist V. Tattoo: Separating The Service From The Constitutionally Protected Message\, Hannah H. Porter
Tatooist V. Tattoo: Separating The Service From The Constitutionally Protected Message\, Hannah H. Porter
BYU Law Review
No abstract provided.
American Atheists, Inc. V. Davenport: Endorsing A Presumption Of Unconstitutionality Against Potentially Religious Symbols, Eric B. Ashcrof
American Atheists, Inc. V. Davenport: Endorsing A Presumption Of Unconstitutionality Against Potentially Religious Symbols, Eric B. Ashcrof
BYU Law Review
No abstract provided.
Digitally Unknown: Why The Ninth Circuit Should Wish To Remain Anonymous In In Re Anonymous Online Speakers, Brandon T. Crowther
Digitally Unknown: Why The Ninth Circuit Should Wish To Remain Anonymous In In Re Anonymous Online Speakers, Brandon T. Crowther
BYU Law Review
No abstract provided.
Eliminating The Subjective Intent Requirement For True Threats In United States V. Bagdasarian, Jake Romney
Eliminating The Subjective Intent Requirement For True Threats In United States V. Bagdasarian, Jake Romney
BYU Law Review
No abstract provided.
Defining Fraud As An Unprotected Category Of Speech: Why The Ninth Circuit Should Have Upheld The Stolen Valor Act In United States V. Alvarez, Natali Wyson
BYU Law Review
No abstract provided.
Humanitarian Law Project And The Supreme Court's Construction Of Terrorism, Wadie E. Said
Humanitarian Law Project And The Supreme Court's Construction Of Terrorism, Wadie E. Said
BYU Law Review
No abstract provided.
The New Resident Evil? State Regulation Of Violent Video Games And The First Amendment, James Dunkelberger
The New Resident Evil? State Regulation Of Violent Video Games And The First Amendment, James Dunkelberger
BYU Law Review
No abstract provided.
The Tension Within The Religion Clause Of The First Amendment, Thomas B. Griffith
The Tension Within The Religion Clause Of The First Amendment, Thomas B. Griffith
BYU Law Review
No abstract provided.
Secularity And Secularism In The United Kingdom: On The Way To The First Amendment, Iain Mclean, Scot M. Peterson
Secularity And Secularism In The United Kingdom: On The Way To The First Amendment, Iain Mclean, Scot M. Peterson
BYU Law Review
No abstract provided.
Preventing Divisiveness: The Ninth Circuit Upholds The 1954 Pledge Amendment In Newdow V. Rio Linda Union School District, Devin Snow
BYU Law Review
No abstract provided.