Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (39)
- Religion Law (18)
- Communications Law (12)
- Election Law (10)
- Internet Law (9)
-
- Jurisprudence (9)
- Courts (8)
- Entertainment, Arts, and Sports Law (7)
- International Law (7)
- Judges (7)
- Civil Rights and Discrimination (6)
- Intellectual Property Law (6)
- Human Rights Law (5)
- Law and Politics (5)
- Legislation (5)
- Privacy Law (5)
- State and Local Government Law (5)
- Comparative and Foreign Law (4)
- Education Law (4)
- Legal History (4)
- Sexuality and the Law (4)
- Supreme Court of the United States (4)
- Criminal Law (3)
- Fourteenth Amendment (3)
- Labor and Employment Law (3)
- Legal Studies (3)
- Litigation (3)
- Social and Behavioral Sciences (3)
- Institution
-
- William & Mary Law School (21)
- Yeshiva University, Cardozo School of Law (16)
- University of North Carolina School of Law (15)
- University of Maryland Francis King Carey School of Law (14)
- University of Michigan Law School (7)
-
- Brigham Young University Law School (6)
- UIC School of Law (6)
- Vanderbilt University Law School (5)
- Cleveland State University (4)
- Cornell University Law School (4)
- Notre Dame Law School (4)
- American University Washington College of Law (3)
- Chicago-Kent College of Law (3)
- Duke Law (3)
- University of Baltimore Law (3)
- University of Colorado Law School (3)
- University of Richmond (3)
- Washington University in St. Louis (3)
- Washington and Lee University School of Law (3)
- Maurer School of Law: Indiana University (2)
- New York Law School (2)
- North Carolina Central University School of Law (2)
- The Catholic University of America, Columbus School of Law (2)
- University at Buffalo School of Law (2)
- University of Florida Levin College of Law (2)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (2)
- University of New Hampshire (2)
- Barry University School of Law (1)
- Campbell University School of Law (1)
- Fordham Law School (1)
- Keyword
-
- First Amendment (24)
- United States Constitution 1st Amendment (19)
- First amendment (16)
- Freedom of speech (9)
- Freedom of Speech (8)
-
- Religion (7)
- Establishment Clause (6)
- Constitutional law (4)
- Free exercise of religion (4)
- Freedom of Religion (4)
- Internet (4)
- Church and State (3)
- Constitutional Law (3)
- Equal Protection (3)
- Establishment clause (3)
- Free Exercise Clause (3)
- Free Speech (3)
- Free speech (3)
- Government speech (3)
- Regulation (3)
- Religious freedom (3)
- Campaign speech (2)
- Censorship (2)
- Copyright Law (2)
- Defamation (2)
- Democracy (2)
- Federalism (2)
- Freedom of association (2)
- Freedom of religion (2)
- Freedom of the press (2)
- Publication
-
- First Amendment Law Review (15)
- Popular Media (11)
- Maryland Law Review (10)
- William & Mary Bill of Rights Journal (6)
- Faculty Scholarship (5)
-
- Journal Articles (5)
- Michigan Law Review (5)
- UIC Law Review (5)
- Vanderbilt Journal of Entertainment & Technology Law (5)
- All Faculty Scholarship (4)
- Cardozo Law Review (4)
- Cardozo Public Law, Policy & Ethics Journal (4)
- Cleveland State Law Review (4)
- Cornell Law Faculty Publications (4)
- Faculty Publications (4)
- University of Maryland Law Journal of Race, Religion, Gender and Class (4)
- Articles (3)
- BYU Law Review (3)
- Cardozo Arts & Entertainment Law Journal (3)
- Cardozo Journal of International and Comparative Law (3)
- Publications (3)
- Scholarly Articles (3)
- Scholarly Articles in Law Reviews & Journals (3)
- Scholarship@WashULaw (3)
- Chicago-Kent Law Review (2)
- Federal Communications Law Journal (2)
- North Carolina Central Law Review (2)
- The University of New Hampshire Law Review (2)
- UF Law Faculty Publications (2)
- Washington and Lee Journal of Civil Rights and Social Justice (2)
- Publication Type
Articles 31 - 60 of 154
Full-Text Articles in First Amendment
Revisiting User Control: The Emergence And Success Of A First Amendment Theory For The Internet Age, John B. Morris Jr., Cynthia M. Wong
Revisiting User Control: The Emergence And Success Of A First Amendment Theory For The Internet Age, John B. Morris Jr., Cynthia M. Wong
First Amendment Law Review
No abstract provided.
Speech Regulation: Why An Injunction Should Be Permissible Under Workplace Discrimination But Is Problematic Under Defamation, Sarah Shyr
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
A Teacher's Right To Remain Silent: Reasonable Accommodation Of Negative Speech Rights In The Classroom , Matthew Baker
A Teacher's Right To Remain Silent: Reasonable Accommodation Of Negative Speech Rights In The Classroom , Matthew Baker
BYU Law Review
No abstract provided.
Media Subpoenas: Impact, Perception, And Legal Protection In The Changing World Of American Journalism, Ronnell Andersen Jones
Media Subpoenas: Impact, Perception, And Legal Protection In The Changing World Of American Journalism, Ronnell Andersen Jones
Washington Law Review
Forty years ago, at a time when the media were experiencing enormous professional change and a surge of subpoena activity, First Amendment scholar Vincent Blasi investigated the perceptions of members of the press and the impact of subpoenas within American newsrooms in a study that quickly came to be regarded as a watershed in media law. That empirical information is now a full generation old, and American journalism faces a new critical moment. The traditional press once again finds itself facing a surge of subpoenas and once again finds itself at a time of intense change—albeit on a different trajectory—as …
Introduction: The Paradox Of Informed Participation: What Universities Can Do For Freedom Of Information, Peter Molnar
Introduction: The Paradox Of Informed Participation: What Universities Can Do For Freedom Of Information, Peter Molnar
Cardozo Public Law, Policy & Ethics Journal
The article argues that freedom of information (FOI) is a cornerstone of democratic societies, yet significant challenges persist in accessing information despite expanding legal frameworks. It emphasizes the importance of recognizing FOI as a fundamental human right and highlights the role of universities in promoting transparency and awareness through education and practical initiatives. The article also explores the "paradox of informed participation," where public engagement requires information that the public often lacks, and advocates for proactive measures to address this issue.
Regulating Hate And Racial Speech In Israel, Raphael Cohen-Almagor
Regulating Hate And Racial Speech In Israel, Raphael Cohen-Almagor
Cardozo Journal of International and Comparative Law
The article explores the tension between regulating hate speech and protecting free expression in Israel, advocating for a balanced approach that allows legal intervention only when there is a clear and imminent threat of harm. It proposes a cautious use of legal measures, emphasizing education and counter-speech as preferred responses, while ensuring consistent regulation across all media platforms, including the internet.
What Can Be Done Against Cyber Hate? Freedom Of Speech Versus Hate Speech In The Council Of Europe, Isabelle Rorive
What Can Be Done Against Cyber Hate? Freedom Of Speech Versus Hate Speech In The Council Of Europe, Isabelle Rorive
Cardozo Journal of International and Comparative Law
The article examines the tension between freedom of speech and the regulation of hate speech on the internet, focusing on the challenges posed by conflicting international laws and jurisdictional issues. It highlights the Council of Europe's efforts to address cyber hate through legal frameworks like the Cybercrime Convention and the Additional Protocol, while discussing the limitations of these measures. The co-regulatory model, combining government oversight with private sector accountability, is presented as a potential solution, though concerns about censorship and free speech remain.
Protecting Freedom Of Expression: The Challenge Of Hate Speech In The European Court Of Human Rights Case Law, Mario Oetheimer
Protecting Freedom Of Expression: The Challenge Of Hate Speech In The European Court Of Human Rights Case Law, Mario Oetheimer
Cardozo Journal of International and Comparative Law
The article examines the European Court of Human Rights' (ECHR) approach to balancing freedom of expression under Article 10 of the European Convention on Human Rights (ECHR) with the need to combat hate speech. The Court systematically excludes certain forms of hate speech from protection, particularly racist and Holocaust denial speech, under Article 17, while affording strong protection to expression that contributes to public debate. The analysis highlights the Court's case-by-case approach, reliance on context, and the distinction between hate speech and incitement to violence.
Buying Back Elections: Extending Supreme Court Speech Limitations To Eliminate Leadership Pacs, Justin Luehman
Buying Back Elections: Extending Supreme Court Speech Limitations To Eliminate Leadership Pacs, Justin Luehman
Cardozo Public Law, Policy & Ethics Journal
The article critiques the current campaign finance system, arguing that the Supreme Court's interpretation of money as speech under the First Amendment has enabled undue influence by wealthy donors and political action committees (PACs), particularly leadership PACs. The author advocates for treating money as property rather than speech to allow stricter regulations and prevent corruption. By extending the "one person, one vote" principle to campaign finance, the article proposes a system where political influence is not dictated by wealth, ensuring equal representation and transparency.
First Amendment, Second Fiddle? Free Speech In New Hampshire‘S Constitution, Adam Rick
First Amendment, Second Fiddle? Free Speech In New Hampshire‘S Constitution, Adam Rick
The University of New Hampshire Law Review
[Excerpt] “A car dealer in Concord, New Hampshire recently challenged the city zoning board‘s denial of its application to replace its existing readerboard (with manually changeable letters) with an electronic sign. The dealer argued that the city‘s zoning ordinance, prohibiting “[s]igns which move or create an illusion of movement except those parts which solely indicate date, time, or temperature,” constituted an unconstitutional restriction on free speech under the First Amendment. The trial court agreed, but the New Hampshire Supreme Court reversed, applying the Central Hudson test and finding that the ordinance reached no “broader than necessary to meet and advance …
Restraining False Light: Constitutional And Common Law Limits On A "Troublesome Tort", James B. Lake
Restraining False Light: Constitutional And Common Law Limits On A "Troublesome Tort", James B. Lake
Federal Communications Law Journal
The defamation tort is the common law's established remedy for false speech that causes reputational and emotional injury. That tort is subject to intricate constitutional, legislative, and common law rules that have evolved over decades. The false light invasion of privacy tort also provides a potential cause of action in response to injurious falsehood. False light, however, has been subject to much less judicial and legislative scrutiny than defamation. As a result, courts often are uncertain about the proper limits on false light and, in some cases, have countenanced false light claims that would have failed if filed as defamation …
Finding A Place For Embedded Advertising Without Eroding The First Amendment: An Analysis Of The Blurring Line Between Verisimilar Programming And Commercial Speech, Jacob J. Strain
Brigham Young University Journal of Public Law
No abstract provided.
Conditions On Taking The Initiative: The First Amendment Implications Of Subject Matter Restrictions On Ballot Initiatives, Anna Skiba-Crafts
Conditions On Taking The Initiative: The First Amendment Implications Of Subject Matter Restrictions On Ballot Initiatives, Anna Skiba-Crafts
Michigan Law Review
Nearly half of U.S. states offer a ballot initiative process that citizens may use to pass legislation or constitutional amendments by a popular vote. Some states, however, impose substantive restrictions on the types of initiatives citizens may submit to the ballot for a vote-precluding, for example, initiatives lowering drug penalties or initiatives related to religion. Circuit courts are split on whether and how such restrictions implicate the First Amendment. This Note argues that-rather than limiting "expressive conduct" protected only minimally by the First Amendment, or limiting pure conduct that does not garner any First Amendment protectionsubject matter restrictions on ballot …
Guns And Speech Technologies: How The Right To Bear Arms Affects Copyright Regulations Of Speech Technologies, Edward Lee
William & Mary Bill of Rights Journal
This Article examines the possible effect the Supreme Court's landmark Second Amendment ruling in District of Columbia v. Heller will have on future cases brought under the Free Press Clause.' Based on the text and history of the Constitution, the connection between the two Clauses is undeniable, as the Heller Court itself repeatedly suggested. Only two provisions in the entire Constitution protect individual rights to a technology: the Second Amendment's right to bear "arms" and the Free Press Clause's right to the freedom of the "press," meaning the printing press. Both rights were viewed, moreover, as pre-existing, natural rights to …
Zero-Sum Judicial Elections: Balancing Free Speech And Impartiality Through Recusal Reform, David K. Stott
Zero-Sum Judicial Elections: Balancing Free Speech And Impartiality Through Recusal Reform, David K. Stott
BYU Law Review
No abstract provided.
Not Confused? Don't Be Troubled: Meeting The First Amendment Attack On Protection Of "Generic" Foreign Geographical Indications, Scott Danner
Cardozo Law Review
No abstract provided.
Whither Newspapers? Wither Newspapers?, Eric Easton
Whither Newspapers? Wither Newspapers?, Eric Easton
All Faculty Scholarship
No abstract provided.
Free Speech & (And) Election Law: Freedom Of Speech Vs. Anti-Discrimination Laws, David Bernstein, Andrew Koppelman, Kenneth L. Marcus, Eugene Volokh
Free Speech & (And) Election Law: Freedom Of Speech Vs. Anti-Discrimination Laws, David Bernstein, Andrew Koppelman, Kenneth L. Marcus, Eugene Volokh
North Carolina Central Law Review
No abstract provided.
Establishing Inequality, Gene R. Nichol
Establishing Inequality, Gene R. Nichol
Michigan Law Review
Part I outlines Nussbaum's thesis and her similarly interesting, if perhaps not always completely consistent, applications of it. Part II touches on some challenges and potential shortcomings her theory presents-for clearly there are such. But, in Part III, I argue that her wide-ranging study of the work of the religion clauses nonetheless touches something residing at the core of American citizenship. No bosses. No masters. No insiders. None outcast. Finally, and far more idiosyncratically, in Part IV I explore and expand on Nussbaum's thesis in light of a modestly serious and rather public dispute over religious equality that occurred at …
Tinker And Viewpoint Discrimination, John E. Taylor
Tinker And Viewpoint Discrimination, John E. Taylor
Law Faculty Scholarship
No abstract provided.
The Egalitarian First Amendment: Its History And A Critique On The Grounds Of Text, Rights, Negative Liberty, And Our Republican Constitutional Structure, Zachary C. Larsen
The Egalitarian First Amendment: Its History And A Critique On The Grounds Of Text, Rights, Negative Liberty, And Our Republican Constitutional Structure, Zachary C. Larsen
North Carolina Central Law Review
No abstract provided.
A New Battleground For Free Speech: The Impact Of Snyder V. Phelps, Jason M. Dorsky
A New Battleground For Free Speech: The Impact Of Snyder V. Phelps, Jason M. Dorsky
The University of New Hampshire Law Review
[Excerpt] “On September 25, 1789, the First Congress of the United States put forth a set of constitutional amendments, ten of which would later become the Bill of Rights. The first of these amendments states, ―Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech . . . . In subsequent caselaw, the U.S. Supreme Court has applied this prohibition to the federal government, as well as state governments through the Fourteenth Amendment. Although this appears to be a simple standard to follow, history has proven otherwise, and …
Religion In The Workplace: A Report On The Layers Of Relevant Law In The United States, William W. Van Alstyne
Religion In The Workplace: A Report On The Layers Of Relevant Law In The United States, William W. Van Alstyne
Faculty Publications
No abstract provided.
The Public's Domain In Trademark Law: A First Amendment Theory Of The Consumer, Laura A. Heymann
The Public's Domain In Trademark Law: A First Amendment Theory Of The Consumer, Laura A. Heymann
Faculty Publications
No abstract provided.
The Life Of The Mind And A Life Of Meaning: Reflections On Fahrenheit 451, Rodney A. Smolla
The Life Of The Mind And A Life Of Meaning: Reflections On Fahrenheit 451, Rodney A. Smolla
Michigan Law Review
Fahrenheit 451 still speaks to us, vibrantly and passionately, still haunts and vexes and disturbs. The novel has sold millions of copies, was reset for a fiftieth anniversary printing, and continues to be assigned reading in middle school, high school, and college courses. That power to endure is well worth contemplation, both for what it says about Ray Bradbury's literary imagination, and, more powerfully, for what it teaches us about our recent past, our present, and our own imagined future. First Amendment jurisprudence has taken giant leaps since Fahrenheit 451 was written, and American society has managed to avoid the …
Rationing The Infinite, Leonard M. Niehoff
Rationing The Infinite, Leonard M. Niehoff
Michigan Law Review
This Review raises a number of objections to Baker's arguments and proposals. Furthermore, this Review raises the fundamental question of whether Baker's central operating assumption-that media is a scarce resource that should be fairly distributed-remains timely in light of the far-reaching and fast-paced changes wrought by the internet. Nevertheless, this Review also recognizes that, as with Baker's prior works, Media Concentration and Democracy makes a serious contribution to the discussion of the political, social, and economic dynamics that challenge the existence of a strong and independent media. Media Concentration and Democracy does a better job of raising questions than of …
The Mother's Milk Of Politics Is Corrupting Absolutely, Dan Walker
The Mother's Milk Of Politics Is Corrupting Absolutely, Dan Walker
NULR Online
No abstract provided.
Student Speech In Public Schools: A Comprehensive Analytical Framework Based On The Role Of Public Schools In Democratic Education, Curtis G. Bentley
Student Speech In Public Schools: A Comprehensive Analytical Framework Based On The Role Of Public Schools In Democratic Education, Curtis G. Bentley
Brigham Young University Education and Law Journal
No abstract provided.
Contents, First Amendment Law Review
Punishing Public School Students For Bashing Principals, Teachers & Classmates In Cyberspace: The Speech Issue The Supreme Court Must Now Resolve, Clay Calvert
First Amendment Law Review
No abstract provided.