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Articles 61 - 90 of 147

Full-Text Articles in First Amendment

Derridean Diagnosis Of Marketplace Ills: Curing Schizophrenia And Amnesia In The First Amendment Search For Truth, Chris Whittaker May 2011

Derridean Diagnosis Of Marketplace Ills: Curing Schizophrenia And Amnesia In The First Amendment Search For Truth, Chris Whittaker

BYU Law Review

No abstract provided.


Tinker At A Breaking Point: Why The Specter Of Cyberbullying Cannot Excuse Impermissible Public School Regulation Of Off-Campus Student Speech, Allison Belnap May 2011

Tinker At A Breaking Point: Why The Specter Of Cyberbullying Cannot Excuse Impermissible Public School Regulation Of Off-Campus Student Speech, Allison Belnap

BYU Law Review

No abstract provided.


Preserving Access To Tattoos: First Amendment Trumps Municipal Ban In Anderson V. City Of Hermosa Beach, Richard Hyde Mar 2011

Preserving Access To Tattoos: First Amendment Trumps Municipal Ban In Anderson V. City Of Hermosa Beach, Richard Hyde

BYU Law Review

No abstract provided.


Expensive Speech: Citizens United V. Fec And The Free Speech Rights Of Tax-Exempt Religious Organizations, Brandon S. Boulter Dec 2010

Expensive Speech: Citizens United V. Fec And The Free Speech Rights Of Tax-Exempt Religious Organizations, Brandon S. Boulter

BYU Law Review

No abstract provided.


Government Speech And Online Forums: First Amendment Limitations On Moderating Public Discourse On Government Websites, David S. Ardia Dec 2010

Government Speech And Online Forums: First Amendment Limitations On Moderating Public Discourse On Government Websites, David S. Ardia

BYU Law Review

No abstract provided.


Pick Your Poison: Private Speech, Government Speech, And The Special Problem Of Religious Displays, Ronnell Andersen Jones Dec 2010

Pick Your Poison: Private Speech, Government Speech, And The Special Problem Of Religious Displays, Ronnell Andersen Jones

BYU Law Review

No abstract provided.


The Emerging Oversimplifications Of The Government Speech Doctrine: From Substantive Content To A “Jurisprudence Of Labels”, Barry P. Mcdonald Dec 2010

The Emerging Oversimplifications Of The Government Speech Doctrine: From Substantive Content To A “Jurisprudence Of Labels”, Barry P. Mcdonald

BYU Law Review

No abstract provided.


Justice Souter On Government Speech, Sheldon Nahmod Dec 2010

Justice Souter On Government Speech, Sheldon Nahmod

BYU Law Review

No abstract provided.


The Free Speech Rights Of “Off-Duty” Government Employees, Mary-Rose Papandrea Dec 2010

The Free Speech Rights Of “Off-Duty” Government Employees, Mary-Rose Papandrea

BYU Law Review

No abstract provided.


Government Speech And The Publicly Employed Attorney, Margaret Tarkington Dec 2010

Government Speech And The Publicly Employed Attorney, Margaret Tarkington

BYU Law Review

In Garcetti v. Ceballos, the U.S. Supreme Court incorporated the "government speech" doctrine into its case law regarding the speech rights of public employees. This incorporation had the effect of nullifying a public employee's free speech rights whenever the employee is speaking pursuant to her official duties. While the Garcetti rule may be problematic in a number situations, it is particularly problematic as applied to publicly employed attorney speech, most notably the speech of prosecutors and public defenders. Attorney speech (including the speech of publicly employed attorneys) is not government speech and should not be treated as government speech. A …


Summum, The Vocality Of Public Places, And The Public Forum, Timothy Zick Dec 2010

Summum, The Vocality Of Public Places, And The Public Forum, Timothy Zick

BYU Law Review

No abstract provided.


Defamation And John Does: Increased Protections And Relaxed Standing Requirements For Anonymous Internet Speech, Stephanie Barclay Nov 2010

Defamation And John Does: Increased Protections And Relaxed Standing Requirements For Anonymous Internet Speech, Stephanie Barclay

BYU Law Review

No abstract provided.


Coordination Or Mere Registration? Single-Speaker Permits In Berger V. City Of Seattle, Edan Burkett Mar 2010

Coordination Or Mere Registration? Single-Speaker Permits In Berger V. City Of Seattle, Edan Burkett

BYU Law Review

No abstract provided.


Passive Acknowledgement Or Active Promotion Of Religion? Neutrality And The Ten Commandments In Green V. Haskell, Stephanie Barclay Mar 2010

Passive Acknowledgement Or Active Promotion Of Religion? Neutrality And The Ten Commandments In Green V. Haskell, Stephanie Barclay

BYU Law Review

No abstract provided.


Transforming The Public Employee Speech Standard In Posey V. Lake Pend Oreille: More Than Meets The Eye , Benjamin M. Smith Mar 2010

Transforming The Public Employee Speech Standard In Posey V. Lake Pend Oreille: More Than Meets The Eye , Benjamin M. Smith

BYU Law Review

No abstract provided.


Understanding The Lobbying Efforts Of A Church: How Far Is Too Far?, Chase Manderino Nov 2009

Understanding The Lobbying Efforts Of A Church: How Far Is Too Far?, Chase Manderino

BYU Law Review

No abstract provided.


A Teacher's Right To Remain Silent: Reasonable Accommodation Of Negative Speech Rights In The Classroom , Matthew Baker Sep 2009

A Teacher's Right To Remain Silent: Reasonable Accommodation Of Negative Speech Rights In The Classroom , Matthew Baker

BYU Law Review

No abstract provided.


Zero-Sum Judicial Elections: Balancing Free Speech And Impartiality Through Recusal Reform, David K. Stott May 2009

Zero-Sum Judicial Elections: Balancing Free Speech And Impartiality Through Recusal Reform, David K. Stott

BYU Law Review

No abstract provided.


Morality And Public School Speech: Balancing The Rights Of Students, Parents, And Communities, Peter J. Jenkins May 2008

Morality And Public School Speech: Balancing The Rights Of Students, Parents, And Communities, Peter J. Jenkins

BYU Law Review

No abstract provided.


Ball On A Needle: Hein V. Freedom From Religion Foundation, Inc. And The Future Of Establishment Clause Adjudication, Ira C. Lupu, Robert W. Tuttle Mar 2008

Ball On A Needle: Hein V. Freedom From Religion Foundation, Inc. And The Future Of Establishment Clause Adjudication, Ira C. Lupu, Robert W. Tuttle

BYU Law Review

No abstract provided.


Introduction To The 2007 Byu Law Review Symposium: Warning! Kids Online: Pornography, Free Speech, And Technology, Cheryl B. Preston Dec 2007

Introduction To The 2007 Byu Law Review Symposium: Warning! Kids Online: Pornography, Free Speech, And Technology, Cheryl B. Preston

BYU Law Review

No abstract provided.


Free Trade In Ideas Is (Or Ought To Be) Absolute For Adults, Patrick M. Garry Dec 2007

Free Trade In Ideas Is (Or Ought To Be) Absolute For Adults, Patrick M. Garry

BYU Law Review

No abstract provided.


A New First Amendment Model For Evaluating Content-Based Regulation Ofinternet Pornography: Revising The Strict Scrutiny Model To Better Reflect The Realities Of The Modern Media Age, Mark S. Kende Dec 2007

A New First Amendment Model For Evaluating Content-Based Regulation Ofinternet Pornography: Revising The Strict Scrutiny Model To Better Reflect The Realities Of The Modern Media Age, Mark S. Kende

BYU Law Review

No abstract provided.


Www.Sam·S_Stationery_And_Luncheonette.Com: Bringing Ginsberg V. New York Into The Internet Age, John Fee Dec 2007

Www.Sam·S_Stationery_And_Luncheonette.Com: Bringing Ginsberg V. New York Into The Internet Age, John Fee

BYU Law Review

No abstract provided.


Obscenity And The World Wide Web, John E. Fee Dec 2007

Obscenity And The World Wide Web, John E. Fee

BYU Law Review

No abstract provided.


Politics Or Principle? Zechariah Chafee And The Social Interest In Free Speech, Charles L. Barzun May 2007

Politics Or Principle? Zechariah Chafee And The Social Interest In Free Speech, Charles L. Barzun

BYU Law Review

No abstract provided.


Establishment Clause Jurisprudence And The Free Exercise Dilemma: A Structural Unitary-Accommodationist Argument For The Constitutionality Of God In The Public Square, Carolyn A. Deverich Mar 2006

Establishment Clause Jurisprudence And The Free Exercise Dilemma: A Structural Unitary-Accommodationist Argument For The Constitutionality Of God In The Public Square, Carolyn A. Deverich

BYU Law Review

No abstract provided.


Architecture As Art? Not In My Neocolonial Neighborhood: A Case For Providing First Amendment Protection To Expressive Residential Architecture, Janet Elizabeth Haws Dec 2005

Architecture As Art? Not In My Neocolonial Neighborhood: A Case For Providing First Amendment Protection To Expressive Residential Architecture, Janet Elizabeth Haws

BYU Law Review

No abstract provided.


Whither Copyright? Transformative Use, Free Speech, And An Intermediate Liability Proposal, John Tehranian Dec 2005

Whither Copyright? Transformative Use, Free Speech, And An Intermediate Liability Proposal, John Tehranian

BYU Law Review

No abstract provided.


Protecting Student Speech Rights While Increasing School Safety: School Jurisdiction And The Search For Warning Signs In A Post-Columbine/Red Lake Environment, Richard Salgado Dec 2005

Protecting Student Speech Rights While Increasing School Safety: School Jurisdiction And The Search For Warning Signs In A Post-Columbine/Red Lake Environment, Richard Salgado

BYU Law Review

No abstract provided.