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Articles 1 - 30 of 324
Full-Text Articles in First Amendment
Justice Scalia, The Establishment Clause, And Christian Privilege, Caroline Mala Corbin
Justice Scalia, The Establishment Clause, And Christian Privilege, Caroline Mala Corbin
Articles
No abstract provided.
Social Media Accountability For Terrorist Propaganda, Alexander Tsesis
Social Media Accountability For Terrorist Propaganda, Alexander Tsesis
Faculty Publications & Other Works
Terrorist organizations have found social media websites to be invaluable for disseminating ideology, recruiting terrorists, and planning operations. National and international leaders have repeatedly pointed out the dangers terrorists pose to ordinary people and state institutions. In the United States, the federal Communications Decency Act's § 230 provides social networking websites with immunity against civil law suits. Litigants have therefore been unsuccessful in obtaining redress against internet companies who host or disseminate third-party terrorist content. This Article demonstrates that § 230 does not bar private parties from recovery if they can prove that a social media company had received complaints …
Separation Of Church And State Or Disparate Treatment? An Analysis Of The Religious Freedom And Discrimination Concerns In Trinity Lutheran Church Of Columbia, Inc. V. Pauley, Michael Petherick
Tennessee Journal of Race, Gender, & Social Justice
No abstract provided.
The Terrorist's Veto: Why The First Amendment Must Protect Provocative Portrayals Of The Prophet Muhammad, Daniel Ortner
The Terrorist's Veto: Why The First Amendment Must Protect Provocative Portrayals Of The Prophet Muhammad, Daniel Ortner
Northwestern Journal of Law & Social Policy
No abstract provided.
When Religious Belief Becomes Scientific Opinion: Burwell V. Hobby Lobby And The Unraveling Of Federal Rule 702, Meredith Rachel Mandell
When Religious Belief Becomes Scientific Opinion: Burwell V. Hobby Lobby And The Unraveling Of Federal Rule 702, Meredith Rachel Mandell
Northwestern Journal of Law & Social Policy
No abstract provided.
Fighting Back Against Revenge Porn: A Legislative Solution, Alex Jacobs
Fighting Back Against Revenge Porn: A Legislative Solution, Alex Jacobs
Northwestern Journal of Law & Social Policy
No abstract provided.
The Twilight Of Nonspeech, Bernard E. Gegan
Abortion Legislation And The Establishment Clause
Abortion Legislation And The Establishment Clause
The Catholic Lawyer
No abstract provided.
Church Tax Exemptions, William R. Consedine, Charles Whelan, S.J.
Church Tax Exemptions, William R. Consedine, Charles Whelan, S.J.
The Catholic Lawyer
No abstract provided.
Obscenity: The Intractable Legal Problem, John Cornelius Hayes
Obscenity: The Intractable Legal Problem, John Cornelius Hayes
The Catholic Lawyer
No abstract provided.
Rwu First Amendment Blog: Jenna Hashway's Blog: Blocking Women's March From Key D.C. Sites Risks Infringing On First Amendment Rights 12-12-2016, Jenna Wims Hashway, Roger Williams University
Rwu First Amendment Blog: Jenna Hashway's Blog: Blocking Women's March From Key D.C. Sites Risks Infringing On First Amendment Rights 12-12-2016, Jenna Wims Hashway, Roger Williams University
Law School Blogs
No abstract provided.
Defamation In Student Publications
Religious Freedom And The Church-State Relationship In Maryland, Kenneth L. Lasson
Religious Freedom And The Church-State Relationship In Maryland, Kenneth L. Lasson
The Catholic Lawyer
No abstract provided.
The Functions Of The Constitution And The Establishment Clause, Richard O. Brooks
The Functions Of The Constitution And The Establishment Clause, Richard O. Brooks
The Catholic Lawyer
No abstract provided.
An Unhurried Look At Obscenity, John M. Regan, C.M.
An Unhurried Look At Obscenity, John M. Regan, C.M.
The Catholic Lawyer
No abstract provided.
Vatican Ii On Religious Freedom, Msgr. John P. Kleinz
Vatican Ii On Religious Freedom, Msgr. John P. Kleinz
The Catholic Lawyer
No abstract provided.
New York's "Minor" Obscenity Statute Held Constitutional
New York's "Minor" Obscenity Statute Held Constitutional
The Catholic Lawyer
No abstract provided.
Candor Or Shame? Defining Obscenity By Statute
Candor Or Shame? Defining Obscenity By Statute
The Catholic Lawyer
No abstract provided.
Sit-In Conduct Held Constitutionally Protected
Sit-In Conduct Held Constitutionally Protected
The Catholic Lawyer
No abstract provided.
New York Times V. Sullivan - A Reappraisal
Newsroom: Rwu's News First Amendment Blog 12-07-2016, Roger Williams University School Of Law
Newsroom: Rwu's News First Amendment Blog 12-07-2016, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Free Speech Matters: The Roberts Court And The First Amendment, Joel M. Gora
Free Speech Matters: The Roberts Court And The First Amendment, Joel M. Gora
Journal of Law and Policy
This article contends that the Roberts Court, in the period from 2006 to 2016, arguably became the most speech-protective Supreme Court in memory. In a series of wide-ranging First Amendment decisions, the Court sounded and strengthened classic free speech themes and principles. Taken together, the Roberts Court’s decisions have left free speech rights much stronger than they were found.
Those themes and principles include a strong libertarian distrust of government regulation of speech and presumption in favor of letting people control speech, a consistent refusal to fashion new “non-speech” categories, a reluctance to “balance” free speech away against governmental interests, …
Introduction; The Past, Present And Future Of Free Speech, Joel M. Gora
Introduction; The Past, Present And Future Of Free Speech, Joel M. Gora
Journal of Law and Policy
This short paper introduces the papers and commentary produced at two significant First Amendment occasions. First was a 40th anniversary celebration of the Supreme Court’s landmark 1976 decision in Buckley v. Valeo, the fountainhead ruling on the intersection between campaign finance restrictions and First Amendment rights. The questions were discussed provocatively by two of the leading players in that decision, James Buckley himself, now a retired United States Circuit Judge, and Ira Glasser, former head of the ACLU who helped organize a strange bedfellows, left-right coalition to challenge the new federal election campaign laws on First Amendment grounds. …
Where's The Fire?, Burt Neuborne
Where's The Fire?, Burt Neuborne
Journal of Law and Policy
Freedom of speech is priceless, but distressingly fragile. Life, and law, would be much simpler if we could react to free speech's importance and fragility by granting it absolute legal protection. Since, however, absolute protection of speech is not—and should not be—a serious option, we face the legal realist challenge of erecting a First Amendment legal structure capable of providing real-world protection to highly controversial speech, often by weak speakers, without closing the door to government regulation. Given the uncertainty inherent in applying fact-dependent complex rules in protean factual settings, many potential speakers would avoid being drawn into unpredictable and …
Protecting Hatred Preserves Freedom: Why Offensive Expressions Command Constitutional Protection, Andrew P. Napolitano
Protecting Hatred Preserves Freedom: Why Offensive Expressions Command Constitutional Protection, Andrew P. Napolitano
Journal of Law and Policy
The First Amendment is not the guardian of taste. Instead, the U.S. Constitution wholeheartedly protects freedom of thought and expression, even if generated and defined by hatred, as long as that expression does not produce immediate lawless violence. Although free speech may lead to tenuous relationships or uncomfortable debates, it must be defended unconditionally. Too many politicians and lawmakers believe that the freedom of speech protected by the First Amendment attaches only to those ideas and expressions that they approve of; this is not so. This article argues that the Founders intended the First Amendment's free speech principle as a …
Freedom Of Speech And Equality: Do We Have To Choose?, Nadine Strossen
Freedom Of Speech And Equality: Do We Have To Choose?, Nadine Strossen
Journal of Law and Policy
As a lifelong activist on behalf of both equality and free speech, I am convinced, based on actual experience, that these core values are mutually reinforcing, and not, as some have argued, in tension with each other. Moreover, I am convinced that this is true even for offensive or hateful speech that affronts our most cherished beliefs. However, defining hateful or offensive speech is inherently arbitrary and subjective, which raises concerns about what speech should be restricted, and how. Empowering government to punish hateful or offensive expresson necessarily vests officials with enormous discretionary power, which will inevitably lead to arbitrary …
The Academy, Campaign Finance, And Free Speech Under Fire, Bradley A. Smith
The Academy, Campaign Finance, And Free Speech Under Fire, Bradley A. Smith
Journal of Law and Policy
This article discusses the issue of campaign finance and the impact money has on the political process in the country. The author suggests campaign finance regulations that curb the current threat it poses to the system, as well as the First Amendment itself. Lastly, the author discusses the impact academics have had on the debate and this decline in support of free speech that has resulted from the debate.
Money And Speech: Practical Perspectives, Nicholas W. Allard
Money And Speech: Practical Perspectives, Nicholas W. Allard
Journal of Law and Policy
Dean Allard provides a practical perspective on the topic of money, politics and free speech based on his over three decades worth of experience in lobbying, campaigns and public policy. Commentary also includes opinions as to the state of politics in America and the problems with reforming campaign finance law.