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First Amendment Commons™

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Freedom of Speech

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Articles 181 - 210 of 298

Full-Text Articles in First Amendment

La Libertad De Expresion En El Sistema Interamericano De Proteccion De Los Derechos Humanos, Claudio Grossman Jan 2001

La Libertad De Expresion En El Sistema Interamericano De Proteccion De Los Derechos Humanos, Claudio Grossman

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Peaches, Speech, And Clarence Thomas: Yes, California, There Is A Justice Who Understands The Ramifications Of Controlling Commercial Speech, Jennifer R. Franklin Sep 2000

Peaches, Speech, And Clarence Thomas: Yes, California, There Is A Justice Who Understands The Ramifications Of Controlling Commercial Speech, Jennifer R. Franklin

Faculty Publications

No abstract provided.


Student Division Symposium Sponsored By The Institute Of The Bill Of Rights Law: Policing Obscenity And Pornography In An Online World, Ann Beeson, Deirdre Mulligan, Bruce Taylor, Bruce Watson, Jonathan Zittrain Apr 2000

Student Division Symposium Sponsored By The Institute Of The Bill Of Rights Law: Policing Obscenity And Pornography In An Online World, Ann Beeson, Deirdre Mulligan, Bruce Taylor, Bruce Watson, Jonathan Zittrain

William & Mary Bill of Rights Journal

No abstract provided.


Recalibrating The Cost Of Harm Advocacy: Getting Beyond Brandenburg, S. Elizabeth Wilborn Malloy, Ronald J. Krotoszynski Jr. Apr 2000

Recalibrating The Cost Of Harm Advocacy: Getting Beyond Brandenburg, S. Elizabeth Wilborn Malloy, Ronald J. Krotoszynski Jr.

William & Mary Law Review

No abstract provided.


Two Degrees Of Speech Protection: Free Speech Through The Prism Of Agricultural Disparagement Laws, Harold M. Wasserman Feb 2000

Two Degrees Of Speech Protection: Free Speech Through The Prism Of Agricultural Disparagement Laws, Harold M. Wasserman

William & Mary Bill of Rights Journal

In the wake of a 1989 national television broadcast reporting the alleged cancer risk of a chemical applied to apples on trees, many states passed agricultural product disparagement (APD) statutes. These statutes grant civil causes of action to the growers and sellers of perishable food products, against anyone who speaks negatively or disparagingly, without basis in scientific evidence, about the product's safety. In this Article, Howard M Wasserman explores the interplay between the APD statutes and the First Amendment. First, Mr. Wasserman discusses the three categories of restrictions on the freedom of speech, focusing primarily on private civil tort actions …


Commercial Slogans: The First Amendment Should Shield Their Use In Campaign Speech, Raena L. Smith Dec 1999

Commercial Slogans: The First Amendment Should Shield Their Use In Campaign Speech, Raena L. Smith

William & Mary Bill of Rights Journal

Commercial slogans and trademarks are increasingly finding their way into every aspect of the American vernacular, including speech by political officials and candidates. A previous published Note in the Journal of Law and Politics has argued that such speech should be restricted as it infringes upon the copyright or trademark holder's rights established both under federal and state law. This Note takes the opposing view, arguing that, even if campaign speech falls under the purview of federal or state statutes, the First Amendment prevents the application of laws to restrict campaign speech.


The Hatefulness Of Protected Speech: A Comparison Of The American And European Approaches, Sionaidh Douglas-Scott Feb 1999

The Hatefulness Of Protected Speech: A Comparison Of The American And European Approaches, Sionaidh Douglas-Scott

William & Mary Bill of Rights Journal

In its First Amendment jurisprudence, the United States Supreme Court has construed very broadly the constitutional protection of free speech. Similarly democratic governments in Europe, however, have adopted laws restricting certain types of speech-particularly hate speech-based on the view that the human rights of oppressed groups cannot be protected fully if hate speech is permitted In this provocative Article, Professor Douglas-Scott briefly examines the American approach and contrasts it with the rationale underpinning European, especially German, law. Focusing on hate speech and the denial of the Holocaust voiced largely by neo-Nazi and other right-wing groups, she argues that such speech …


The Brandeis Gambit: The Making Of America's "First Freedom," 1909-1931, Bradley C. Bobertz Feb 1999

The Brandeis Gambit: The Making Of America's "First Freedom," 1909-1931, Bradley C. Bobertz

William & Mary Law Review

No abstract provided.


The Moral Failure Of The Clear And Present Danger Test, David R. Dow May 1998

The Moral Failure Of The Clear And Present Danger Test, David R. Dow

William & Mary Bill of Rights Journal

The clear and present danger test has been used for almost a century to determine the speech the government may restrain. This test assumes that at some point speech transforms into an act and at that moment the speech becomes punishable. Under the clear and present danger test, the First Amendment does not protect speech that is an incitement to imminent lawless action. Professor Dow suggests that the clear and present danger test protects too little speech. He posits that speech should be protected unless the following three conditions are met: (1) the speaker's specific intent in uttering the words …


Freedom Of Speech - How Does The New York State Constitution Compare To The United States Constitution?, Eileen Kaufman, Leon Friedman Jan 1998

Freedom Of Speech - How Does The New York State Constitution Compare To The United States Constitution?, Eileen Kaufman, Leon Friedman

Touro Law Review

No abstract provided.


Section 5: Speech And Elections, Institute Of Bill Of Rights Law, William & Mary Law School Oct 1997

Section 5: Speech And Elections, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Guns, Words, And Constitutional Interpretation, L. A. Powe Jr. May 1997

Guns, Words, And Constitutional Interpretation, L. A. Powe Jr.

William & Mary Law Review

No abstract provided.


Application Of U.S. Supreme Court Doctrine To Anonymity In The Networld, George H. Carr Jan 1996

Application Of U.S. Supreme Court Doctrine To Anonymity In The Networld, George H. Carr

Cleveland State Law Review

There are still many issues to be resolved about the Internet's unique status as a media technology and its legal status under current law. Debate over the propriety, necessity, and legality of anonymous speech has been protracted and pervasive. Indeed, this debate has extended to all corners of the Internet. The main source material for this Note is the recent case of McIntyre v. Ohio Elections Comm'n, in which the Supreme Court confirmed its continuing commitment to preservation of the right to free speech, and interpreted the First Amendment to protect much anonymous speech. This Note will quantify how the …


This Could Be Your Culture--Junk Speech In A Time Of Decadence, Pierre Schlag Jan 1996

This Could Be Your Culture--Junk Speech In A Time Of Decadence, Pierre Schlag

Publications

No abstract provided.


Section 6: Freedom Of Speech And Press, Institute Of Bill Of Rights Law, William & Mary Law School Sep 1995

Section 6: Freedom Of Speech And Press, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Association, Advocacy, And The First Amendment, Victor Brudney Sep 1995

Association, Advocacy, And The First Amendment, Victor Brudney

William & Mary Bill of Rights Journal

No abstract provided.


Levin, Jeffries, And The Fate Of Academic Autonomy, Nathan Glazer Feb 1995

Levin, Jeffries, And The Fate Of Academic Autonomy, Nathan Glazer

William & Mary Law Review

No abstract provided.


Converging First Amendment Principles For Converging Communications Media, Thomas G. Krattenmaker, L. A. Powe Jr. Jan 1995

Converging First Amendment Principles For Converging Communications Media, Thomas G. Krattenmaker, L. A. Powe Jr.

Faculty Publications

No abstract provided.


A Law Antecedent And Paramount, Fred H. Cate Dec 1994

A Law Antecedent And Paramount, Fred H. Cate

Federal Communications Law Journal

No abstract provided.


The First Amendment's Challenge Function And The Confusion In The Supreme Court's Contemporary Free Exercise Jurisprudence, Marci A. Hamilton Oct 1994

The First Amendment's Challenge Function And The Confusion In The Supreme Court's Contemporary Free Exercise Jurisprudence, Marci A. Hamilton

Articles

No abstract provided.


"Buying Up Speech": Active Government And The Terms Of The First Amendment And Fourteenth Amendments, William T. Mayton Feb 1994

"Buying Up Speech": Active Government And The Terms Of The First Amendment And Fourteenth Amendments, William T. Mayton

William & Mary Bill of Rights Journal

No abstract provided.


A Matter Of Opinion: Milkovich Four Years Later, Kathryn Dix Sowle Feb 1994

A Matter Of Opinion: Milkovich Four Years Later, Kathryn Dix Sowle

William & Mary Bill of Rights Journal

No abstract provided.


The H-Bomb And The First Amendment, Erwin Knoll Feb 1994

The H-Bomb And The First Amendment, Erwin Knoll

William & Mary Bill of Rights Journal

No abstract provided.


Freedom Of Speech & Press: Gross V. New York Times, Co. Jan 1994

Freedom Of Speech & Press: Gross V. New York Times, Co.

Touro Law Review

No abstract provided.


Freedom Of Speech & Press: Prozeralik V. Capital Cities Communications, Inc. Jan 1994

Freedom Of Speech & Press: Prozeralik V. Capital Cities Communications, Inc.

Touro Law Review

No abstract provided.


Freedom Of Speech & Press: Polish American Immigration Relief Committee, Inc. V. Relax Jan 1994

Freedom Of Speech & Press: Polish American Immigration Relief Committee, Inc. V. Relax

Touro Law Review

No abstract provided.


Triangulating The Boundaries Of The Pentagon Papers, John Cary Sims Nov 1993

Triangulating The Boundaries Of The Pentagon Papers, John Cary Sims

William & Mary Bill of Rights Journal

No abstract provided.


The Virginia "Son Of Sam" Law: An Unconsitutional Approach To Victim Compensation, Kerry Casey Nov 1993

The Virginia "Son Of Sam" Law: An Unconsitutional Approach To Victim Compensation, Kerry Casey

William & Mary Bill of Rights Journal

No abstract provided.


Obscenity, Pornography, And The First Amendment Theory, Arnold H. Loewy Nov 1993

Obscenity, Pornography, And The First Amendment Theory, Arnold H. Loewy

William & Mary Bill of Rights Journal

No abstract provided.


Limitations On Corporate Speech: Protection For Shareholders Or Abridgement Of Expression?, Alan J. Meese Nov 1993

Limitations On Corporate Speech: Protection For Shareholders Or Abridgement Of Expression?, Alan J. Meese

William & Mary Bill of Rights Journal

No abstract provided.