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Articles 61 - 90 of 242
Full-Text Articles in First Amendment
Defending A Religious Institution Using The Charitable Immunity And Ecclesiastical Doctrine Defenses To Tort Liability, Michael M. Harrison
Defending A Religious Institution Using The Charitable Immunity And Ecclesiastical Doctrine Defenses To Tort Liability, Michael M. Harrison
Arkansas Law Notes
Defense attorneys in Arkansas are, not infrequently, called upon to defend religious institutions from tort suits brought against them for a variety of reasons. Such claims may arise out of a motor vehicle accident involving a church bus, a slip and fall accident on church premises, a claim of sexual molestation on the part of a church employee, or another type of claim. In defending claims against religious institutions, it is imperative that the defense of charitable immunity and, where applicable, the Ecclesiastical doctrine, be raised in the first responsive pleading to the Complaint, be that an Answer and/or a …
Fixing False Truths: Rethinking Truth Assumptions And Free-Expression Rationales In The Networked Era, Jared Schroeder
Fixing False Truths: Rethinking Truth Assumptions And Free-Expression Rationales In The Networked Era, Jared Schroeder
William & Mary Bill of Rights Journal
The First Amendment makes no mention of truth. Assumptions about truth, however, have become the foundations for free-expression rationales, the very bases for such freedoms in a democratic society. The Supreme Court gradually, over time, wedded Enlightenment assumptions about truth to the marketplace of ideas rationale for free expression. This Article examines, in light of massive, widespread adoption of networked technologies and AI and Supreme Court decisions that have undermined the distinctive role of truth, whether truth should be removed or replaced as a crucial, justifying concept in freedom of expression. The Article examines the marketplace approach’s history and assumptions, …
No Aid, No Agency, Steven K. Green
No Aid, No Agency, Steven K. Green
William & Mary Bill of Rights Journal
Over the past three decades, members of the Supreme Court have demonstrated increasing hostility to the Establishment Clause’s rule against funding religion, first enunciated in 1947. Over the years, the Court has not only narrowed the rule to allow for government aid to flow to religious schools and faith-based charities, it has more recently declared that to enforce that rule may amount to discrimination against religion. This Article argues that a key reason for the decline in the no-aid principle rests on the weakness of the rationale underlying that rule: that funding of religion coerces the conscience of taxpayers. The …
Law School News: Logan Article Central To Scotus Dissent, Roger Williams University School Of Law
Law School News: Logan Article Central To Scotus Dissent, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
The New Editors: Refining First Amendment Protections For Internet Platforms, Mailyn Fidler
The New Editors: Refining First Amendment Protections For Internet Platforms, Mailyn Fidler
Notre Dame Journal on Emerging Technologies
This Article envisions what it would look like to tailor the First Amendment editorial privilege to the multifaceted nature of the internet, just as courts have done with media in the offline world. It reviews the law of editorial judgment offline, where protections for editorial judgment are strong but not absolute, and its nascent application online. It then analyzes whether the diversity of internet platforms and their functions alter how the Constitution should be applied in this new setting. First Amendment editorial privilege, as applied to internet platforms, is often treated by courts and platforms themselves as monolithic and equally …
Charting The Skies: Where Does Facial Recognition Technology "Fit" In The Data Privacy Cosmos?, Steven D. Zansberg
Charting The Skies: Where Does Facial Recognition Technology "Fit" In The Data Privacy Cosmos?, Steven D. Zansberg
Notre Dame Journal on Emerging Technologies
What I offer below is a theoretical framework for evaluating competing societal interests: the value our society assigns to the free-flow of information to the public, including highly sophisticated computergenerated analyses of gargantuan data sets—information that helps inform better individual and collective decision-making; and on the other hand, the value we place on privacy even in the context of technological advances. One’s most personal actions and thoughts—what we type into search engines, which videos we watch, for how long or how often, which books or articles we read, with whom we communicate and the contents of those communications—should not be …
Note: Facial Recognition Technology And The Constitution, Mark Simonitis
Note: Facial Recognition Technology And The Constitution, Mark Simonitis
Notre Dame Journal on Emerging Technologies
Over the past several years, we have seen an increase in the adoption and use of facial recognition technology (FRT). Both private corporations and government organizations have increasingly used this technology over the past several years, and law enforcement agencies have been just as eager to utilize FRT in their operations. The potential uses for this technology in a law enforcement capacity are numerous. For example, FRT could be used to identify criminals whose faces were caught on surveillance footage, or it could be used to help identify citizens during border crossings. However, it is easy to imagine how an …
Freedom Of Thought In The United States: The First Amendment, Marketplaces Of Ideas, And The Internet, John G. Francis, Leslie Francis
Freedom Of Thought In The United States: The First Amendment, Marketplaces Of Ideas, And The Internet, John G. Francis, Leslie Francis
Utah Law Faculty Scholarship
Freedom of thought is not directly protected as a right in the United States. Instead, US First Amendment law protects a range of rights that may allow thoughts to be expressed. Freedom of speech has been granted especially robust protection. US courts have extended this protection to a wide range of commercial activities judged to have expressive content. In protecting these rights, US jurisprudence frequently relies on the image of the marketplace of ideas as furthering the search for truth. This commercial image, however, has increasingly detached expressive rights from the understanding of freedom of thought as a critical forum …
Judges As Superheroes: The Danger Of Confusing Constitutional Decisions With Cosmic Battles, H. Jefferson Powell
Judges As Superheroes: The Danger Of Confusing Constitutional Decisions With Cosmic Battles, H. Jefferson Powell
South Carolina Law Review
No abstract provided.
Common Law Baselines And Current Free Speech Doctrine, Erica Goldberg
Common Law Baselines And Current Free Speech Doctrine, Erica Goldberg
Villanova Law Review (1956 - )
No abstract provided.
When Claims About Lollipops Are Best Kept Under Wraps: Can The Fda Regulate Off-Label Speech?, Emily Moss
When Claims About Lollipops Are Best Kept Under Wraps: Can The Fda Regulate Off-Label Speech?, Emily Moss
Minnesota Journal of Law, Science & Technology
No abstract provided.
Recent Developments, Clinton T. Summers
Recent Developments, Clinton T. Summers
Arkansas Law Review
In a free speech and free exercise case involving the Business Leaders in Christ at the University of Iowa, the Eighth Circuit Court of Appeals reversed the Southern District of Iowa by holding that University officials should not be granted qualified immunity based on the student organization’s free speech claim.
Changing Counterspeech, G.S. Hans
Changing Counterspeech, G.S. Hans
Cleveland State Law Review
A cornerstone of First Amendment doctrine is that counterspeech — speech that responds to speech, including disfavored, unpopular, or offensive speech — is preferable to government censorship or speech regulation. The counterspeech doctrine is often invoked to justify overturning or limiting legislation, regulation, or other government action. Counterspeech forms part of the rationale for the "marketplace of ideas" that the First Amendment is arguably designed to promote. Yet critics assert that counterspeech is hardly an effective remedy for the harms caused by "hate speech" and other offensive words that are expressed in American society, given the realities of how speech …
How Should We Regulate The Internet? A Proposal, Natalie Petruzelli
How Should We Regulate The Internet? A Proposal, Natalie Petruzelli
The Review: A Journal of Undergraduate Student Research
With the invention of the internet providing newfangled methods of spreading information around the world, misinformation has also found home in these pathways, disrupting the general public’s ability to discern fact from fiction and creating divides in society. Regulation must be enacted to stop the effects of misinformation, but the efforts of technology companies and the general public have been insufficient thus far. Regulatory control of the internet and its content should be the responsibility of the government, based on their constitutional right to intervene under certain circumstances and the fact that previous efforts by other parties to mitigate misinformation …
How Far Will Fara Go? The Foreign Agents Registration Act And The Criminalization Of Global Human Rights Advocacy, Monica Romero
How Far Will Fara Go? The Foreign Agents Registration Act And The Criminalization Of Global Human Rights Advocacy, Monica Romero
Washington Law Review
The Foreign Agents Registration Act (FARA) was enacted and enforced during World War II to protect the American public from foreign propaganda, especially from the Nazi party. Following the war, FARA was scarcely used for over half a century. But in the past five years, there has been a significant uptick in FARA enforcement, particularly against major political personalities. The revival of FARA has led many legislators and scholars to advocate for expansions of FARA’s scope and enforcement mechanisms in the name of national security. But most have failed to acknowledge the risk and likelihood of politicized enforcement. The United …
“More Than Tangential”: When Does The Public Have A Right To Access Judicial Records?, Jordan Elias
“More Than Tangential”: When Does The Public Have A Right To Access Judicial Records?, Jordan Elias
Journal of Law and Policy
Public accountability requires open proceedings and access to documents filed with the courts. The strong policy favoring access to judicial records creates a presumption against sealing documents without a compelling reason. The Ninth Circuit Court of Appeals recently held that this presumption of access arises when a proceeding relates “more than tangentially” to the merits. This is a low standard under which many types of motions qualify for the compelling reasons test. With too much litigation occurring in secret, courts can use the “more than tangential” standard proactively to keep electronic case dockets available to citizens.
The Right To Remain Silent: First Amendment Rights Of Physicians In States With Narrated Ultrasound Laws, Sabrina Jemail
The Right To Remain Silent: First Amendment Rights Of Physicians In States With Narrated Ultrasound Laws, Sabrina Jemail
University of Cincinnati Law Review
No abstract provided.
Is Freedom Of Expression A Tool Of Oppression And Harm? A Study On Hate Speech And Its Harms In Case Law And Doctrine Of The Us And European Court Of Human Rights, Mohamed Hassan
Theses and Dissertations
Many societies now face the problem of hate speech. It has reached the level of a global problem. Many groups use freedom of expression to oppress other groups through using hate speech. The problem of hate speech represents a complex topic because it is interwind with the right of freedom of expression. However, international human rights law tries to combat the hate speech law in some treaties, such as the ICCPR and CERD, by offering rules to guide states constitutional courts in adjudicating these cases by limiting some of their absolute discretionary power in deciding these cases. These efforts have …
The Constitution, Covid-19, And Civil Disobedience: Federalism In Flames And The Slippery Slope To Socialism, Savannah Snyder
The Constitution, Covid-19, And Civil Disobedience: Federalism In Flames And The Slippery Slope To Socialism, Savannah Snyder
Helm's School of Government Conference - 2021-2024
Our Constitution has been devastatingly corrupted from its original design and vision amid the COVID-19 pandemic. Governors usurped authority in the name of crisis mitigation. Our unalienable rights have been macerated and pulverized by droves of executive orders, each delivering a calamitous blow to the integrity of the American republican framework. Socialized medicine is on the horizon as our compliance is coerced. Conventional civil disobedience has been regulatorily revoked. We have succumbed to the decrees of depraved men who maintain that education, religious expression, and pursuits of happiness can be invalidated by whatever transgressions the state deems necessary. For the …
2-4-6-8 Who Do We Appreciate? The Third Circuit Scores A Touchdown For Student-Athlete Free Speech Rights, Nicolas Burnosky
2-4-6-8 Who Do We Appreciate? The Third Circuit Scores A Touchdown For Student-Athlete Free Speech Rights, Nicolas Burnosky
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Incidental Burdens On First Amendment Freedoms, Charles F. Capps
Incidental Burdens On First Amendment Freedoms, Charles F. Capps
Notre Dame Law Review Reflection
The Supreme Court is currently reconsidering the question when, if ever, the Free Exercise Clause requires exemptions to neutral laws of general applicability. This Essay proposes an answer that is based on the idea—which this Essay labels the “Principle of Consistency”—that the First Amendment requires comparable levels of protection for speech and religious exercise. Other scholars applying the Principle of Consistency have discussed the implications of United States v. O’Brien, which prescribed intermediate scrutiny for incidental burdens on speech, for the problem of exemptions under the Free Exercise Clause. But no one has discussed the implications of two lines …
Law School News: Lynette Labinger: Doctor Of Laws, Honoris Causa 05-16-2021, Michael M. Bowden
Law School News: Lynette Labinger: Doctor Of Laws, Honoris Causa 05-16-2021, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Marriage Mandates: Compelled Disclosures Of Race, Sex, And Gender Data In Marriage Licensing Schemes, Mikaela A. Phillips
Marriage Mandates: Compelled Disclosures Of Race, Sex, And Gender Data In Marriage Licensing Schemes, Mikaela A. Phillips
William & Mary Journal of Race, Gender, and Social Justice
This Note argues that mandatory disclosures of personal information—specifically race, sex, and gender—on a marriage license application constitute compelled speech under the First Amendment and should be subject to heightened scrutiny. Disclosing one’s race, sex, or gender on a marriage license application is an affirmative act, and individuals may wish to have their identity remain anonymous. These mandatory disclosures send a message that this information is still relevant to marriage regulation. Neither race nor gender is based in science; rather they are historical and social constructs created to uphold a system of white supremacy and heteronormativity. Thus, such statements are …
Getting Away With Murder: How California State Law Determined Recovery In First Roundup Cancer Case Johnson V. Monsato Co., Eliza L. Quattlebaum
Getting Away With Murder: How California State Law Determined Recovery In First Roundup Cancer Case Johnson V. Monsato Co., Eliza L. Quattlebaum
Villanova Environmental Law Journal (1991 - )
No abstract provided.
First Amendment Knowledge And Competence In United States Residents, Cynthia J. Najdowski, Kimberly M. Bernstein
First Amendment Knowledge And Competence In United States Residents, Cynthia J. Najdowski, Kimberly M. Bernstein
Psychology Faculty Scholarship
Lacking adequate knowledge about one's rights could inhibit the likelihood of exercising one's rights or lead one to unwittingly violate laws that place legitimate limits on these rights. Thus, the present research examines First Amendment knowledge as well as competence to apply this knowledge in relevant circumstances. Results revealed that one-quarter of participants failed a test of objective knowledge on First Amendment rights. Furthermore, participants' belief in their ability varied depending on their level of knowledge, in line with the Dunning–Kruger effect. Participants also failed to transfer their limited objective knowledge to “real-world” situations, exhibiting impaired First Amendment competence. These …
Political Fair Use, Cathay Y. N. Smith
Political Fair Use, Cathay Y. N. Smith
William & Mary Law Review
No abstract provided.
Campus Free Speech In The Mirror Of Rising Anti-Semitism, Harry G. Hutchison
Campus Free Speech In The Mirror Of Rising Anti-Semitism, Harry G. Hutchison
St. Mary's Law Journal
Abstract forthcoming.
Deeply Fake, Deeply Disturbing, Deeply Constitutional: Why The First Amendment Likely Protects The Creation Of Pornographic Deepfakes, Bradley Waldstreicher
Deeply Fake, Deeply Disturbing, Deeply Constitutional: Why The First Amendment Likely Protects The Creation Of Pornographic Deepfakes, Bradley Waldstreicher
Cardozo Law Review
No abstract provided.
Child Entertainers And Their Limited Protections: A Call For An Interstate Compact, Tabetha Bennett
Child Entertainers And Their Limited Protections: A Call For An Interstate Compact, Tabetha Bennett
Child and Family Law Journal
No abstract provided.
Deepfakes: A New Content Category For A Digital Age, Anna Pesetski
Deepfakes: A New Content Category For A Digital Age, Anna Pesetski
William & Mary Bill of Rights Journal
Technology has advanced rapidly in recent years, greatly benefitting society. One such benefit is people’s ability to have quick and easy access to information through news and social media. A recent concern, however, is that manipulated media, otherwise known as “deepfakes,” are being released and passed off as truth. These videos are crafted with technology that allows the creator to carefully change details of the video’s subject to make him appear to do or say things that he never did. Deepfakes are often depictions of political candidates or leaders and have the potential to influence voter choice, thereby altering the …