First Amendment Commons^™

Conflicting Images Of Children In First Amendment Jurisprudence, David L. Tubbs

Pepperdine Law Review

No abstract provided.

Faith-Based Initiative Proponents Beware: The Key In Zelman Is Not Just Neutrality, But Private Choice, Aaron Cain

Pepperdine Law Review

No abstract provided.

Ashcroft V. Free Speech Coalition: How Can Virtual Child Pornography Be Banned Under The First Amendment?, Virginia F. Milstead

Pepperdine Law Review

No abstract provided.

Dueling Values: The Clash Of Cyber Suicide Speech And The First Amendment, Thea E. Potanos

Chicago-Kent Law Review

On March 15, 2011, William Melchert-Dinkel, a Minnesota nurse, was convicted of two counts of assisted suicide, based solely on things he said in emails and online chat rooms. This note examines whether cyber speech encouraging suicide, such as Melchert-Dinkel's, should be protected by the First Amendment. States have compelling interests in preserving life, preventing suicide, and protecting vulnerable persons from abuse, and the majority of them have assisted suicide statutes that could be applied to cyber-suicide speech. However, because cyber- suicide speech does not fit neatly into recognized categories of "low-value" or unprotected speech, punishment may be foreclosed by …

Big Censorship In The Big House—A Quarter-Century After Turner V. Safley: Muting Movies, Music & Books Behind Bars, Clay Calvert, Kara Carnley Murrhee

Northwestern Journal of Law & Social Policy

On the twenty-fifth anniversary of the United States Supreme Court’s decision in Turner v. Safley, this Article examines how federal courts across the country are applying the Turner standard today in cases involving the First Amendment free speech rights of inmates. Are courts too quick today to support the censorial proclivities of prison officials? Do judges too readily capitulate in deference to the concerns of those tasked with overseeing the incarcerated? Those are the key questions this Article addresses by analyzing inmate access to magazines, movies, books, and other common forms of media artifacts. This Article’s determinations stem from …

Towards A Balanced Approach For The Protection Of Native American Sacred Sites, Alex Tallchief Skibine

Michigan Journal of Race and Law

Protection of "sacred sites" is very important to Native American religious practitioners because it is intrinsically tied to the survival of their cultures, and therefore to their survival as distinct peoples. The Supreme Court in Oregon v. Smith held that rational basis review, and not strict scrutiny, was the appropriate level of judicial review when evaluating the constitutionality of neutral laws of general applicability even when these laws impacted one's ability to practice a religion. Reacting to the decision, Congress enacted the Relgious Freedom Restoration Act (RFRA), which reinstated the strict scrutiny test for challenges to neutral laws of general …

A Proposal To Expand The Religious Services Exemption Under The Copyright Act, Kevin M. Lemley

University of Arkansas at Little Rock Law Review

This article focuses on the religious services exemption to the Copyright Act. The religious services exemption is one of many exemptions that permit certain types of use without first obtaining permission from the copyright owner, or proving fair use. This article argues that the religious services exemption should be expanded to cover any work used in the course of services as well as the recording, broadcast, and transmission of the services.

The first part of this article analyzes the existing religious services exemption under the Copyright Act to define the bounds that uses fall under the exemption. The article then …

Heroism, Valor, And Deceit: False Claims Of Military Awards And The First Amendment, Robert J. Juge Iii

Cardozo Public Law, Policy & Ethics Journal

Rick Duncan always wanted to serve his country. His military career started at the United States Naval Academy at Annapolis. As a Marine Corps Captain, he served with distinction as a Nuclear Missile Launch Officer. Serving at the Pentagon during the 9/11 attacks, he quickly volunteered for a combat tour in Iraq. While commanding a Marine Battalion in Fallujah, he was struck by a roadside bomb, which resulted in permanent brain trauma and cost him his finger, forcing him to return home. After receiving a Silver Star and a Purple Heart for his gallantry, he refused to give up. If …

Renewing The Chase: The First Amendment, Campaign Advertisements, And The Goal Of An Informed Citizenry, John Stewart Fleming

Indiana Law Journal

No abstract provided.

Implications Of Libel Doctrine For Nondefamatory Falsehoods Under The First Amendment, Nat Stern

Scholarly Publications

No abstract provided.

How The Movies Became Speech, Samantha Barbas

Journal Articles

In its 1915 decision in Mutual Film v. Industrial Commission of Ohio, the Supreme Court held that motion pictures were, as a medium, unprotected by freedom of speech and press because they were mere “entertainment” and “spectacles” with a “capacity for evil.” Mutual legitimated an extensive regime of film censorship that existed until the 1950s. It was not until 1952, in Burstyn v. Wilson, that the Court declared motion pictures to be, like the traditional press, an important medium for the communication of ideas protected by the First Amendment. By the middle of the next decade, film censorship in the …

Tattoos, Tickets, And Other Tawdry Behavior: How Universities Use Federal Law To Hide Their Scandals, Mary Margaret Penrose

Cardozo Law Review

No abstract provided.

Do Religious Tax Exemptions Entangle In Violation Of The Establishment Clause? The Constitutionality Of The Parsonage Allowance Exclusion And The Religious Exemptions Of The Individual Health Care Mandate And The Fica And Self-Employment Taxes, Edward A. Zelinsky

Cardozo Law Review

No abstract provided.

Is Spam The Rock Of Sisyphus?: Whether The Can-Spam Act And Its Global Counterparts Will Delete Your E-Mail, Amy G. Marino

Pepperdine Law Review

No abstract provided.

Religious Monopolies And The Commodification Of Religion, Shima Baradaran-Robison, Brett G. Scharffs, Elizabeth A. Sewell

Pepperdine Law Review

In recent years, the number of countries in which a dominant church receives state aid and other forms of preferential treatment has increased. Dominant religions and their supporters in the former Soviet bloc and elsewhere often argue that special benefits and protection are warranted based upon the unique history and contribution of the dominant church to the identity, history, and culture of the country, and the interests of the state and its citizens. Because of the distinctive status of religion and its importance to national and cultural identity, special protection, especially against foreign and other outside influence, is deemed necessary. …

Inculcation, Bias, And Viewpoint Discrimination In Public Schools, Lisa Shaw Roy

Pepperdine Law Review

No abstract provided.

The Story Behind Vidal V. Girard's Executors: Joseph Story, The Philadelphia Bible Riots, And Religious Liberty, Jay Alan Sekulow, Jeremy Tedesco

Pepperdine Law Review

No abstract provided.

Building Universal Digital Libraries: An Agenda For Copyright Reform, Hannibal Travis

Pepperdine Law Review

This article proposes a series of copyright reforms to pave the way for digital library projects like Project Gutenberg, the Internet Archive, and Google Print, which promise to make much of the world's knowledge easily searchable and accessible from anywhere. Existing law frustrates digital library growth and development by granting overlapping, overbroad, and near-perpetual copyrights in books, art, audiovisual works, and digital content. Digital libraries would benefit from an expanded public domain, revitalized fair use doctrine and originality requirement, rationalized systems for copyright registration and transfer, and a new framework for compensating copyright owners for online infringement without imposing derivative …

Privacy Through Anonymity: An Economic Argument For Expanding The Right Of Privacy In Public Places, Joseph Siprut

Pepperdine Law Review

No abstract provided.

Civil Rights, Erwin Chemerinsky

Pepperdine Law Review

No abstract provided.

"Raised Eyebrows" Over Satellite Radio: Has Pacifica Met Its Match?, Aurele Danoff

Pepperdine Law Review

No abstract provided.

Goading A Reluctant Dinosaur: Mutual Recognition Agreements As A Policy Response To The Misappropriation Of Foreign Traditional Knowledge In The United States, Paul Kuruk

Pepperdine Law Review

No abstract provided.

Does The First Amendment's "Right Of Access" Require Court Proceedings To Be Televised? A Constitutional And Practical Discussion, Audrey Maness

Pepperdine Law Review

No abstract provided.

Free Speech, Kathleen M. Sullivan

Pepperdine Law Review

No abstract provided.

Standing Still - Did The Roberts Court Narrow, But Not Overrule, Flast To Allow Time To Re-Think Establishment Clause Jurisprudence?, Douglas W. Kmiec

Pepperdine Law Review

No abstract provided.

Congress Giveth, And The Courts Taketh Away: Is Restitutionary Recoupment Of Federal Funds A Proper Remedy When Taxpayers Allege That An Expired Statute Violated The Establishment Clause?, Kendra Williams

Pepperdine Law Review

The Seventh Circuit recently held in Laskowski v. Spellings that grantees of government funding can be forced by taxpayers to give grant money back to the federal government when the grant has allegedly violated the Establishment Clause - even when the grant statute expired years ago, the funds have long since been spent, and the government does not want the money back. Laskowski's new remedy has the potential for widely impacting Establishment Clause jurisprudence, especially in the areas of government funding for sectarian schools and other religiously-affiliated groups. The ready availability of a recoupment remedy could also have far-reaching and …

A Multitude Of Sins? Constitutional Standards For Legal Resolution Of Church Property Disputes In A Time Of Escalating Intradenominational Strife, Jeffrey B. Hassler

Pepperdine Law Review

No abstract provided.

Can Students Be Disciplined For Off-Campus Cyberspeech?: The Reach Of The First Amendment In The Age Of Technology, Allan G. Osborne Jr., Charles J. Russo

Brigham Young University Education and Law Journal

No abstract provided.

Rules Of General Applicability, Jeffrey M. Shaman

First Amendment Law Review

No abstract provided.

Contents, First Amendment Law Review

First Amendment Law Review

No abstract provided.