First Amendment Commons^™

Municipal Wi-Fi And The Third-Party Doctrine: Rethinking An Antiquated Framework, David Forrest

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Editor’S Introduction, Mitchell B. Bryant

Oklahoma Law Review

No abstract provided.

False Speech And The First Amendment, Erwin Chemerinsky

Oklahoma Law Review

No abstract provided.

An Introductory Essay: Old Principles For An (Allegedly) Brave New World, Harry F. Tepker

Oklahoma Law Review

No abstract provided.

Truth, Courage, And Other Human Dispositions: Reflections On Falsehoods And The First Amendment, Jonathan D. Varat

Oklahoma Law Review

No abstract provided.

(At Least) Thirteen Ways Of Looking At Election Lies, Helen Norton

Oklahoma Law Review

No abstract provided.

Free Speech And Domain Allocation: A Suggested Framework For Analyzing The Constitutionality Of Prohibition Of Lies, James Weinstein

Oklahoma Law Review

No abstract provided.

Forward Into The Past: Speech Intermediaries In The Television And Internet Ages, Gregory P. Magarian

Oklahoma Law Review

No abstract provided.

Suing The President For First Amendment Violations, Sonja R. West

Oklahoma Law Review

No abstract provided.

Is It Bad Law To Believe A Politician? Campaign Speech And Discriminatory Intent, Shawn E. Fields

University of Richmond Law Review

No abstract provided.

Stop Defending Discrimination: Anti-Boycott, Divestment, And Sanctions* Statutes Are Fully Constitutional, Mark Goldfeder

Scholarly Works

No abstract provided.

Tinker Meets The Cyberbully: A Federal Circuit Conflict Round-Up And Proposed New Standard For Off-Campus Speech, Benjamin A. Holden

Fordham Intellectual Property, Media and Entertainment Law Journal

Tinker v. Des Moines Independent Community School District, the seminal school speech case interpreting the First Amendment to the U.S. Constitution, was decided by the U.S. Supreme Court long before mobile devices and social media upended accepted norms governing how students behave at school. The new reality has brought with it new line-drawing challenges for public schools faced with the warring requirements of school discipline on the one hand, and the First Amendment on the other. The threshold unanswered question this Article presents is whether Tinker should give jurisdiction to public schools over student speech which originates off campus. …

University Trademarks And “Mixed Speech” On College Campuses: A Case Study Of Gerlich V. Leath And Student Free Speech Rights, Nathan Converse

Fordham Intellectual Property, Media and Entertainment Law Journal

Higher education has long been a fundamental building block upon which American democracy is based. The guarantee of free speech is itself a revered liberty in the American polity; it has, in turn, served as the catalyst for higher education. Recent events on college campuses continue to reexamine universities’ role in their students’ education and push the legal boundaries on student speech rights. In many instances, however, students’ speech and expressive viewpoint conflicts with that of other students. Other times, students’ speech conflicts with the expressive interests of their university. This Article examines the latter instance in the context of …

The State Department Can Gun Down 3-D Printed Firearms, Derk Westermeyer

Washington Journal of Law, Technology & Arts

In 1976, Congress enacted the Arms Export Control Act (“AECA”), giving the President broad power to control imports and exports of defense articles. At the time, defense articles included any “technical data” relating to weapons, such as the manufacturing blueprints of a firearm. Generally, this technical data was only in the hands of weapon manufacturers. After forty years of technological advances, however, this “technical data” can now be accessed by anyone in the world in a matter of seconds. Thanks to 3-D printing, a person can use this data to personally manufacture a fully functional plastic weapon within a few …

The New Governors: The People, Rules And Processes Governing Online Speech, Kate Klonick

Faculty Publications

Private online platforms have an increasingly essential role in free speech and participation in democratic culture. But while it might appear that any internet user can publish freely and instantly online, many platforms actively curate the content posted by their users. How and why these platforms operate to moderate speech is largely opaque.

This Article provides the first analysis of what these platforms are actually doing to moderate online speech under a regulatory and First Amendment framework. Drawing from original interviews, archived materials, and internal documents, this Article describes how three major online platforms — Facebook, Twitter, and YouTube — …

Faith-Based Emergency Powers, Noa Ben-Asher

Faculty Publications

This Article explores an expanding phenomenon that it calls Faith-Based Emergency Powers. In the twenty-first century, conservatives have come to rely heavily on Faith-Based Emergency Powers as a leading legal strategy in the Culture Wars. This strategy involves carving faith-based exceptions to rights of women and LGBT people. The concept of Faith-Based Emergency Powers is developed in this Article through an analogy to the “War on Terror.” In the War on Terror, conservatives typically have taken the position that judges, legislators, and the public must defer to the President and the executive branch in matters involving national security. This argument …

The Constitutionality Of School Prayer: Or Why Engel V. Vitale May Have Had It Right All Along, William P. Marshall

Faculty Publications

No abstract provided.

Sex, Lies, And Ultrasound, B. Jessie Hill

University of Colorado Law Review

No abstract provided.

Incredible Lies, Catherine J. Ross

University of Colorado Law Review

No abstract provided.

Categorizing Lies, David S. Han

University of Colorado Law Review

No abstract provided.

Cheers To Central Hudson: How Traditional Intermediate Scrutiny Helps Keep Independent Craft Beer Viable, Daniel J. Croxall

McGeorge School of Law Scholarly Articles

Independent craft breweries contributed approximately $68 billion to the national economy last year. However, an arcane regulatory scheme governs the alcohol industry in general and the craft beer industry specifically, posing both obstacles and benefits to independent craft brewers. This Essay examines regulations that arguably infringe on free speech: namely, commercial speech regulations that prohibit alcohol manufacturers from purchasing advertising space from retailers. Such regulations were enacted to prohibit undue influence and anticompetitive behavior stemming from vertical and horizontal integration in the alcohol market. Although these regulations are necessary to prevent global corporate brewers from dominating the craft beer market …

The 'Blurred Lines' Of Marvin Gaye's 'Here, My Dear': Music As A Tortious Act, Divorce Narrative And First Amendment Totem, Bryan Adamson

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Right Of Publicity: Privacy Reimagined For New York?, Jennifer Rothman

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Decisive Win For Lesbians In Oregon Cake Case, Arthur S. Leonard

Other Publications

No abstract provided.

Suing The President For First Amendment Violations, Sonja R. West

Scholarly Works

On any given day, it seems, President Donald Trump can be found attacking, threatening, or punishing the press and other individuals whose speech he dislikes. His actions, moreover, inevitably raise the question: Do any of these individuals or organizations (or any future ones) have a viable claim against the President for violating their First Amendment rights?

One might think that the ability to sue the President for violation of the First Amendment would be relatively settled. The answer, however, is not quite that straightforward. Due to several unique qualities about the First Amendment and the presidency, it is not entirely …

The Ongoing Challenge To Define Free Speech, Stephen Wermiel

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Music Videos: The Gray Area In First Amendment Protected Speech And The Resulting Trademark Consequences, Lindsey Gold

Cardozo Law Review de•novo

This Note argues for a federal classification of music videos as noncommercial, artistic speech under the First Amendment. As an artistic expression of a singer, music videos are no longer the promotional mini-movies they once were; they are now utilized widely by artists to express their artistic preferences—including the communication of social, political, and cultural doctrine.

Thwarting Speech On College Campuses, Stephen Wermiel

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Taking The States' Congressional Delegations Seriously: A Twelfth Amendment And First Amendment Approach To Identifying The Worst Gerrymanders, Jamin B. Raskin

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Pickering, Garcetti, & Academic Freedom, Mark Strasser

Brooklyn Law Review

While the U. S. Supreme Court long ago recognized that individuals do not lose their free speech rights simply by virtue of being state employees, the contours of their First Amendment protections have been evolving over the past several decades. The proper way to apply these protections in the academic context is confusing, especially after Garcetti v. Ceballos in which the Court suggested that First Amendment protections do not attach insofar as individuals are speaking as employees rather than as citizens. The circuit courts have adopted a dizzying set of rules to determine when First Amendment protections are triggered in …