Open Access. Powered by Scholars. Published by Universities.®

First Amendment Commons™

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 74

Full-Text Articles in First Amendment

Against First Amendment Traditionalism, Jacob M. Schriner-Briggs Aug 2026

Against First Amendment Traditionalism, Jacob M. Schriner-Briggs

Kentucky Law Journal

No abstract provided.


Campus Coverage: How Biden's Title Ix Regulations Threaten Free Speech, Academic Freedom, And University Liability, Alex Drury Mar 2026

Campus Coverage: How Biden's Title Ix Regulations Threaten Free Speech, Academic Freedom, And University Liability, Alex Drury

Kentucky Law Journal

No abstract provided.


Protecting Public Employees' Free Speech: It's Time For The Sixth Circuit To Take Action, Faith O. Turner Nov 2025

Protecting Public Employees' Free Speech: It's Time For The Sixth Circuit To Take Action, Faith O. Turner

Kentucky Law Journal

No abstract provided.


The First Amendment, Discrimination, And Public Accommodations At Common Law, Adam J. Macleod Nov 2025

The First Amendment, Discrimination, And Public Accommodations At Common Law, Adam J. Macleod

Kentucky Law Journal

No abstract provided.


Scotus's Summer Of 2022: Obfuscation Of And Disdain For Rationality And The Traditional Personal Liberties Framework, Roy G. Spece Jr. Nov 2025

Scotus's Summer Of 2022: Obfuscation Of And Disdain For Rationality And The Traditional Personal Liberties Framework, Roy G. Spece Jr.

Kentucky Law Journal

No abstract provided.


The S.E.C.'S Unconstitutionally Compelled Speech, Steven J. Cleveland Nov 2025

The S.E.C.'S Unconstitutionally Compelled Speech, Steven J. Cleveland

Kentucky Law Journal

No abstract provided.


Counterproductive And Counter-Constitutional Military Speech Restrictions: Prohibiting Social Media "Likes" Won't Reduce Military Extremism (And Criminalizing Sexual Harassment Won't Stop Sexual Harassment), Rachel E. Vanlandingham Nov 2025

Counterproductive And Counter-Constitutional Military Speech Restrictions: Prohibiting Social Media "Likes" Won't Reduce Military Extremism (And Criminalizing Sexual Harassment Won't Stop Sexual Harassment), Rachel E. Vanlandingham

Kentucky Law Journal

No abstract provided.


The Most Dangerous Of All Subversions: Taming The At-Will Employment Doctrine By Statutorily Safeguarding Private Employees' Public Protest Speech, Joshua G. Wolford Nov 2025

The Most Dangerous Of All Subversions: Taming The At-Will Employment Doctrine By Statutorily Safeguarding Private Employees' Public Protest Speech, Joshua G. Wolford

Kentucky Law Journal

No abstract provided.


Protecting Unbelief: Restoring Section Five Of Kentucky's Constitution, Samuel Weaver Oct 2025

Protecting Unbelief: Restoring Section Five Of Kentucky's Constitution, Samuel Weaver

Kentucky Law Journal

No abstract provided.


The Freedom Of Speech-Conduct, John Fee Jan 2020

The Freedom Of Speech-Conduct, John Fee

Kentucky Law Journal

No abstract provided.


Religious Exemptions, Harm To Others, And The Indeterminacy Of A Common Law Baseline, Elizabeth Sepper Jan 2018

Religious Exemptions, Harm To Others, And The Indeterminacy Of A Common Law Baseline, Elizabeth Sepper

Kentucky Law Journal

No abstract provided.


Religious Liberty Versus Rights Of Others, Arnold H. Loewy Jan 2018

Religious Liberty Versus Rights Of Others, Arnold H. Loewy

Kentucky Law Journal

No abstract provided.


Public Fora And The Problem Of Too Much Speech, R. George Wright Jan 2018

Public Fora And The Problem Of Too Much Speech, R. George Wright

Kentucky Law Journal

No abstract provided.


Permissible Accommodation Or Impermissible Endorsement? A Proposed Approach To Religious Exemptions And The Establishment Clause, Gary J. Simson Jan 2018

Permissible Accommodation Or Impermissible Endorsement? A Proposed Approach To Religious Exemptions And The Establishment Clause, Gary J. Simson

Kentucky Law Journal

No abstract provided.


Putting The "Exercise" Back In Free Exercise, Eric J. Segall Jan 2018

Putting The "Exercise" Back In Free Exercise, Eric J. Segall

Kentucky Law Journal

No abstract provided.


Religious Exemptions, Third-Party Harms, And The False Analogy To Church Taxes, Christopher C. Lund Jan 2018

Religious Exemptions, Third-Party Harms, And The False Analogy To Church Taxes, Christopher C. Lund

Kentucky Law Journal

No abstract provided.


Religious Accommodations And Third-Party Harms: Constitutional Values And Limits, Kathleen A. Brady Jan 2018

Religious Accommodations And Third-Party Harms: Constitutional Values And Limits, Kathleen A. Brady

Kentucky Law Journal

No abstract provided.


The Costs Of Conscience, Micah Schwartzman, Nelson Tebbe, Richard Schragger Jan 2018

The Costs Of Conscience, Micah Schwartzman, Nelson Tebbe, Richard Schragger

Kentucky Law Journal

No abstract provided.


The First Amendment, Compelled Speech & Minors: Jettisoning The Fcc Mandate For Children's Television Programming, Clay Calvert Jan 2018

The First Amendment, Compelled Speech & Minors: Jettisoning The Fcc Mandate For Children's Television Programming, Clay Calvert

Kentucky Law Journal

No abstract provided.


Tinker Tortured: The Scope Of Student Off-Campus Viral Speech Rights In The Federal Circuits, Kevin Nathaniel Troy Fowler Jan 2016

Tinker Tortured: The Scope Of Student Off-Campus Viral Speech Rights In The Federal Circuits, Kevin Nathaniel Troy Fowler

Kentucky Law Journal

No abstract provided.


A Uniform Test Isn't Here Right Now, But Please Leave A Message: How Altering The Spence Symbolic Speech Test Can Better Meet The Needs Of An Expressive Society, Caitlin Housley Jan 2015

A Uniform Test Isn't Here Right Now, But Please Leave A Message: How Altering The Spence Symbolic Speech Test Can Better Meet The Needs Of An Expressive Society, Caitlin Housley

Kentucky Law Journal

No abstract provided.


Sexting And Freedom Of Expression: A Comparative Approach, Joanne Sweeny Jan 2014

Sexting And Freedom Of Expression: A Comparative Approach, Joanne Sweeny

Kentucky Law Journal

No abstract provided.


Compelled Investigatory And Testimonial Speech: An Overdue Clarification Of The Public Employee Speech Doctrine That Rehabilitates "All Of The Values At Stake", Molly K. Smith Jan 2013

Compelled Investigatory And Testimonial Speech: An Overdue Clarification Of The Public Employee Speech Doctrine That Rehabilitates "All Of The Values At Stake", Molly K. Smith

Kentucky Law Journal

No abstract provided.


Silence At The Schoolhouse Gate: The Diminishing First Amendment Rights Of Public School Employees, Neal H. Hutchens Jan 2008

Silence At The Schoolhouse Gate: The Diminishing First Amendment Rights Of Public School Employees, Neal H. Hutchens

Kentucky Law Journal

No abstract provided.


Grounding Cyberspeech: Public Schools' Authority To Discipline Students For Internet Activity, Sarah O. Cronan Jan 2008

Grounding Cyberspeech: Public Schools' Authority To Discipline Students For Internet Activity, Sarah O. Cronan

Kentucky Law Journal

No abstract provided.


Deus Ex Machina And The Unfulfilled Promise Of New York Times V. Sullivan: Applying The Times For All Seasons, Joseph H. King Jr. Jan 2007

Deus Ex Machina And The Unfulfilled Promise Of New York Times V. Sullivan: Applying The Times For All Seasons, Joseph H. King Jr.

Kentucky Law Journal

No abstract provided.


Open Season On The Journalist's Privilege: Do Recent Rulings Represent A Trend Against Assertions Of The Privilege Or Proper Applications Of Existing Law?, Will E. Messer Jan 2005

Open Season On The Journalist's Privilege: Do Recent Rulings Represent A Trend Against Assertions Of The Privilege Or Proper Applications Of Existing Law?, Will E. Messer

Kentucky Law Journal

No abstract provided.


Religion, Establishment, And The Northwest Ordinance: A Closer Look At An Accommodationist Argument, Thomas Nathan Peters Jan 2001

Religion, Establishment, And The Northwest Ordinance: A Closer Look At An Accommodationist Argument, Thomas Nathan Peters

Kentucky Law Journal

No abstract provided.


Reporting On Child Pornography: A First Amendment Defense For Viewing Illegal Images?, Clay Calvert, Kelly Lyon Jan 2000

Reporting On Child Pornography: A First Amendment Defense For Viewing Illegal Images?, Clay Calvert, Kelly Lyon

Kentucky Law Journal

No abstract provided.


The Newsworthiness Defense To The Public Disclosure Tort, Geoff Dendy Jan 1996

The Newsworthiness Defense To The Public Disclosure Tort, Geoff Dendy

Kentucky Law Journal

No abstract provided.