Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (141)
- Intellectual Property Law (35)
- Supreme Court of the United States (34)
- Religion Law (29)
- Law and Politics (28)
-
- Arts and Humanities (25)
- Internet Law (25)
- Civil Rights and Discrimination (24)
- Religion (23)
- Legislation (22)
- Privacy Law (20)
- Fourteenth Amendment (19)
- Law and Society (19)
- Election Law (18)
- Science and Technology Law (17)
- Legal History (15)
- Catholic Studies (14)
- Labor and Employment Law (14)
- Communications Law (13)
- Courts (11)
- Criminal Law (11)
- Health Law and Policy (11)
- Jurisprudence (11)
- Judges (10)
- Computer Law (9)
- Sexuality and the Law (9)
- Evidence (8)
- Social and Behavioral Sciences (8)
- Institution
-
- St. John's University School of Law (47)
- Brooklyn Law School (21)
- University of Georgia School of Law (21)
- Fordham Law School (20)
- Touro University Jacob D. Fuchsberg Law Center (17)
-
- The Catholic University of America, Columbus School of Law (15)
- Notre Dame Law School (13)
- Northwestern Pritzker School of Law (11)
- University of North Carolina School of Law (11)
- William & Mary Law School (11)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (9)
- Yeshiva University, Cardozo School of Law (9)
- Brigham Young University Law School (7)
- University of San Diego (7)
- University of Maryland Francis King Carey School of Law (6)
- University of Florida Levin College of Law (5)
- Loyola Marymount University and Loyola Law School (4)
- Loyola University Chicago, School of Law (4)
- Roger Williams University (4)
- University of Colorado Law School (4)
- University of Miami Law School (4)
- University of Michigan Law School (4)
- American University Washington College of Law (3)
- Barry University School of Law (3)
- Florida State University College of Law (3)
- St. Mary's University (3)
- University of Cincinnati College of Law (3)
- University of Oklahoma College of Law (3)
- University of Richmond (3)
- Washington and Lee University School of Law (3)
- Keyword
-
- First Amendment (74)
- Free speech (27)
- First amendment (21)
- Freedom of speech (14)
- Constitutional law (13)
-
- Supreme Court (11)
- Constitutional Law (10)
- Freedom of Speech (9)
- Speech (9)
- Free Speech (8)
- Internet (8)
- Religion (7)
- United States Constitution 1st Amendment (7)
- Commercial speech (6)
- Inc. (6)
- Privacy (6)
- Religious freedom (6)
- Right of publicity (6)
- Campaign finance (5)
- Constitution (5)
- Fair use (5)
- Fourteenth Amendment (5)
- Freedom of the Press (5)
- Legislation (5)
- Press (5)
- RFRA (5)
- Religious liberty (5)
- Social media (5)
- Supreme Court of the United States (5)
- Copyright (4)
- Publication
-
- The Catholic Lawyer (44)
- Faculty Scholarship (18)
- Fordham Urban Law Journal (17)
- Touro Law Review (15)
- Journal of Intellectual Property Law (14)
-
- First Amendment Law Review (11)
- Journal of Law and Policy (11)
- Scholarly Works (10)
- Faculty Publications (9)
- Northwestern University Law Review (8)
- Notre Dame Law Review (8)
- Catholic University Journal of Law and Technology (7)
- San Diego Law Review (7)
- BYU Law Review (5)
- UF Law Faculty Publications (5)
- Catholic University Law Review (4)
- Faculty Publications & Other Works (4)
- Loyola of Los Angeles Law Review (4)
- Nevada Law Journal (4)
- Publications (4)
- Scholarly Articles (4)
- William & Mary Bill of Rights Journal (4)
- Brooklyn Law Review (3)
- Cardozo Arts & Entertainment Law Journal (3)
- Journal Articles (3)
- Northwestern Journal of Law & Social Policy (3)
- Popular Media (3)
- St. Mary's Law Journal (3)
- The University of Cincinnati Intellectual Property and Computer Law Journal (3)
- Akron Intellectual Property Journal (2)
- Publication Type
Articles 121 - 150 of 324
Full-Text Articles in First Amendment
Adoption And Foster Care Placement Policies: Legislatively Promoting The Best Interest Of Children Amidst Competing Interests Of Religious Freedom And Equal Protection For Same-Sex Couples, Samantha R. Lyew
Journal of Legislation
No abstract provided.
If You Fly A Drone, So Can Police, Stephen Henderson
If You Fly A Drone, So Can Police, Stephen Henderson
Other Faculty Publications
Written for Slate's Future Tense.According to the U.S. Constitution, the more you fly your drone, the more police can fly theirs. “Come on,” you might reply, “that hoary document”—and, yes, sorry to make you the sort who drops words like hoary—“that hoary document surely says nothing about drones.” But in fact it does. At least it does as interpreted by the courts. In particular, it is how they interpret the Fourth Amendment. So, to understand this aspect of drones, we first must understand this provision of the Bill of Rights...
Table Of Contents
Catholic University Journal of Law and Technology
No abstract provided.
Decrypting Our Security: A Bipartisan Argument For A Rational Solution To The Encryption Challenge, Jamil N. Jaffer, Daniel J. Rosenthal
Decrypting Our Security: A Bipartisan Argument For A Rational Solution To The Encryption Challenge, Jamil N. Jaffer, Daniel J. Rosenthal
Catholic University Journal of Law and Technology
No abstract provided.
Exporting Internet Law Through International Trade Agreements: Recalibrating U.S. Trade Policy In The Digital Age, Markham C. Erickson, Sarah K. Leggin
Exporting Internet Law Through International Trade Agreements: Recalibrating U.S. Trade Policy In The Digital Age, Markham C. Erickson, Sarah K. Leggin
Catholic University Journal of Law and Technology
No abstract provided.
The Connected State Of Things: A Lawyer’S Survival Guide In An Internet Of Things World, Antigone Peyton
The Connected State Of Things: A Lawyer’S Survival Guide In An Internet Of Things World, Antigone Peyton
Catholic University Journal of Law and Technology
No abstract provided.
Baring All: Legal Ethics And Confidentiality Of Electronically Stored Information In The Cloud, Whitney Morgan
Baring All: Legal Ethics And Confidentiality Of Electronically Stored Information In The Cloud, Whitney Morgan
Catholic University Journal of Law and Technology
No abstract provided.
Wearable Devices As Admissible Evidence: Technology Is Killing Our Opportunity To Lie, Nicole Chauriye
Wearable Devices As Admissible Evidence: Technology Is Killing Our Opportunity To Lie, Nicole Chauriye
Catholic University Journal of Law and Technology
No abstract provided.
Protecting Public Employee Trial Testimony, Joseph Deloney
Protecting Public Employee Trial Testimony, Joseph Deloney
Chicago-Kent Law Review
In a number of jurisdictions around the United States, police officers and other public employees that regularly testify as part of their ordinary job duties can be placed in compromising positions. Because these types of employees regularly testify as part of their ordinary job duties, such testimony is considered “employee speech” and therefore unprotected by the First Amendment. Consequently, governmental employers can take adverse employment actions against an employee based on his or her truthful trial testimony without violating the employee’s First Amendment rights. Drawing from the Supreme Court’s 2014 decision in Lane v. Franks and other circuit court cases, …
“They Outlawed Solidarity!”, Richard Blum
“They Outlawed Solidarity!”, Richard Blum
Seattle University Law Review
In attacking § 8(b)(4)(ii)(B)’s ban on secondary labor picketing in support of a consumer boycott as a violation of the First Amendment, critics have repeatedly condemned the Supreme Court’s reliance on a supposed distinction between “pure speech” and “speech plus conduct,” such as a picket. The Court’s invocation of an “unlawful objectives” doctrine to defend banning speech contrary to public policy has also been repeatedly criticized. After all, picketing has been recognized as protected expressive activity and it is entirely lawful for consumers to choose to boycott the target of a picket. However, commentators have not sought to argue that …
National Security Or Consumer Privacy? A Question Even Siri Couldn’T Answer, Rebecca Knight
National Security Or Consumer Privacy? A Question Even Siri Couldn’T Answer, Rebecca Knight
The University of Cincinnati Intellectual Property and Computer Law Journal
No abstract provided.
A Tricky Negotiation: Free Speech Versus Insensitivity, Melvin Dilanchian
A Tricky Negotiation: Free Speech Versus Insensitivity, Melvin Dilanchian
Washington University Undergraduate Law Review
The central question presented in this paper is whether specialty license plates constitute government speech, and are thus subject to disapproval by the Board of the Texas Department of Motor Vehicles. The core concerns reviewed in this research, largely focus on defining whose speech specialty license plates are. The purpose is to investigate and analyze the precedent established as a result of a recent case, Walker v. Texas Division, Sons of Confederate Veterans. The paper thoroughly reviews the arguments made in the majority opinion, as well as those of the dissenting opinion, with an interdisciplinary approach. The argument presented …
Animal Legal Defense Fund V. Otter: Industrial Food Production Simply Is Not A Private Matter, Lucy L. Holifield
Animal Legal Defense Fund V. Otter: Industrial Food Production Simply Is Not A Private Matter, Lucy L. Holifield
Journal of Food Law & Policy
About half of the states have either passed or attempted to pass laws aimed at stifling criticism and exposure of factory farms throughout the country. This unwanted exposure is often the result of undercover reporters gaining access to the interior of meat-producing entities by seeking and obtaining employment. Their reports often expose filthy and dangerous conditions, substantial animal abuse, and the incorporation of unfit animal products into the public's food supply.
Is Social Media The New Era’S “Water Cooler”? #Notifyouareagovernmentemployee, Sabrina Niewialkouski
Is Social Media The New Era’S “Water Cooler”? #Notifyouareagovernmentemployee, Sabrina Niewialkouski
University of Miami Law Review
Current Free Speech doctrine does not sufficiently protect government employees’ First Amendment rights. There are two major flaws in the test implemented by the Supreme Court in order to find whether the First Amendment protects an employee. First, the Garcetti test, where a government employee loses First Amendment protection if her speech is pursuant to her official duty, is inadequate, overbroad, and should be done away with completely – or at the least interpreted more narrowly. Secondly, the Pickering balancing test is less of a balancing and more of a prioritization of the government’s interests and should be interpreted to …
Elonis V. United States: The Need To Uphold Individual Rights To Free Speech While Protecting Victims Of Online True Threats, Alison J. Best
Elonis V. United States: The Need To Uphold Individual Rights To Free Speech While Protecting Victims Of Online True Threats, Alison J. Best
Maryland Law Review
No abstract provided.
Two Views Of First Amendment Thought Privacy, Adam J. Kolber
Two Views Of First Amendment Thought Privacy, Adam J. Kolber
Faculty Scholarship
No abstract provided.
Etw Corp. V. Jireb Publishing, Inc.: Turning An Athlete's Publicity Over To The Public, Michael J. Breslin
Etw Corp. V. Jireb Publishing, Inc.: Turning An Athlete's Publicity Over To The Public, Michael J. Breslin
Journal of Intellectual Property Law
No abstract provided.
The Digital Millennium Copyright Act And The First Amendment: Can They Co-Exist?, Rachel Simpson Shockley
The Digital Millennium Copyright Act And The First Amendment: Can They Co-Exist?, Rachel Simpson Shockley
Journal of Intellectual Property Law
No abstract provided.
Eldred V. Reno: An Example Of The Law Of Unintended Consequences, L. Ray Patterson
Eldred V. Reno: An Example Of The Law Of Unintended Consequences, L. Ray Patterson
Journal of Intellectual Property Law
No abstract provided.
Virtual Politics And The 2000 Election: Does First Amendment Protection Extend To Political Speech On The Internet?, Amity Hough Farrar
Virtual Politics And The 2000 Election: Does First Amendment Protection Extend To Political Speech On The Internet?, Amity Hough Farrar
Journal of Intellectual Property Law
No abstract provided.
A New Test To Reconcile The Right Of Publicity With Core First Amendment Values, Mark Joseph Stern, Nat Stern
A New Test To Reconcile The Right Of Publicity With Core First Amendment Values, Mark Joseph Stern, Nat Stern
Journal of Intellectual Property Law
No abstract provided.
Java: An Innovation In Software Development And A Dilemma In Copyright Law, Michael P. Doerr
Java: An Innovation In Software Development And A Dilemma In Copyright Law, Michael P. Doerr
Journal of Intellectual Property Law
No abstract provided.
Words Of Wisdom From The Founding Fathers: Why The Internal Revenue Service Should Let Churches Be, Sophia Benavides
Words Of Wisdom From The Founding Fathers: Why The Internal Revenue Service Should Let Churches Be, Sophia Benavides
Journal of the National Association of Administrative Law Judiciary
Part I of this comment will explore the foundations of the First Amendment, as the Constitution is a framework on which the United States continues to rest. An examination of the events contributing and leading to the drafting of the Constitution will illuminate the rationale behind the tenets put forth by the Founding Fathers. More specifically, this comment will devote emphasis to the Founding Fathers’ objectives regarding the state in relation to religion. This emphasis will provide insight into the perspective of the Founders at the time of drafting the First Amendment. Furthermore, this section will illustrate how the separation …
Will The Real Candidate Please Stand Up?: Political Parody On The Internet, Jon H. Oram
Will The Real Candidate Please Stand Up?: Political Parody On The Internet, Jon H. Oram
Journal of Intellectual Property Law
No abstract provided.
To Show, Or Not To Show—That Was The Question: A Discussion Regarding The First Amendment Issues Implicated By The Sony Pictures Entertainment Cyberhack & The Interview Debacle, Chelsey Huso
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Religious Disestablishment And The Fourteenth Amendment, Joseph M. Snee, S.J.
Religious Disestablishment And The Fourteenth Amendment, Joseph M. Snee, S.J.
The Catholic Lawyer
No abstract provided.
Dialogue On State Action, Martin A. Schwartz, Erwin Chemerinsky
Dialogue On State Action, Martin A. Schwartz, Erwin Chemerinsky
Touro Law Review
No abstract provided.
A Response To Mr. Y'Barbo's Reply, L. Ray Patterson
A Response To Mr. Y'Barbo's Reply, L. Ray Patterson
Journal of Intellectual Property Law
No abstract provided.
On Legal Protection For Electronic Texts: A Reply To Professor Patterson And Judge Birch, Douglas Y'Barbo
On Legal Protection For Electronic Texts: A Reply To Professor Patterson And Judge Birch, Douglas Y'Barbo
Journal of Intellectual Property Law
No abstract provided.