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Articles 151 - 180 of 334
Full-Text Articles in First Amendment
Section 5: First Amendment & Separation Of Powers, Institute Of Bill Of Rights Law, William & Mary Law School
Section 5: First Amendment & Separation Of Powers, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Section 1: Moot Court: Town Of Greece V. Galloway, Institute Of Bill Of Rights Law, William & Mary Law School
Section 1: Moot Court: Town Of Greece V. Galloway, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Gary Wall, Plaintiff-Appellant V. James Wade, Et Al., Defendants-Appellees: Reply Brief Of Appellant, Tillman J. Breckenridge, Robert M. Luck Iii, Patricia E. Roberts
Gary Wall, Plaintiff-Appellant V. James Wade, Et Al., Defendants-Appellees: Reply Brief Of Appellant, Tillman J. Breckenridge, Robert M. Luck Iii, Patricia E. Roberts
Appellate and Supreme Court Clinic
No abstract provided.
Stop This Insanity, Inc., Et Al., Appellants, V. Federal Election Commission, Appellee: Reply Brief Of Appellants, Dan Backer, Patricia E. Roberts, Tillman J. Breckenridge, Tara A. Brennan
Stop This Insanity, Inc., Et Al., Appellants, V. Federal Election Commission, Appellee: Reply Brief Of Appellants, Dan Backer, Patricia E. Roberts, Tillman J. Breckenridge, Tara A. Brennan
Appellate and Supreme Court Clinic
No abstract provided.
Gary Wall, Plaintiff-Appellant V. James Wade, Et Al., Defendants-Appellees: Brief Of Appellant, Tillman J. Breckenridge, Robert M. Luck Iii, Patricia E. Roberts
Gary Wall, Plaintiff-Appellant V. James Wade, Et Al., Defendants-Appellees: Brief Of Appellant, Tillman J. Breckenridge, Robert M. Luck Iii, Patricia E. Roberts
Appellate and Supreme Court Clinic
No abstract provided.
A Winn For Originalism Puts Establishment Clause Reform Within Reach, Patrick T. Gillen
A Winn For Originalism Puts Establishment Clause Reform Within Reach, Patrick T. Gillen
William & Mary Bill of Rights Journal
No abstract provided.
Justices Hawking Jesus: Endorsement Through Citation To Religious Amici In Supreme Court Opinions, Tiffany Marie Westfall Ferris
Justices Hawking Jesus: Endorsement Through Citation To Religious Amici In Supreme Court Opinions, Tiffany Marie Westfall Ferris
William & Mary Bill of Rights Journal
No abstract provided.
The Price Of Porn & Pugilism: Reconciling Brown V. Entertainment Merchants Association With Ginsberg V. New York Through A Media-Specific Approach, Dennis A. Demarco
The Price Of Porn & Pugilism: Reconciling Brown V. Entertainment Merchants Association With Ginsberg V. New York Through A Media-Specific Approach, Dennis A. Demarco
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Stop This Insanity, Inc., Et Al., Appellants, V. Federal Election Commission, Appellee: Brief Of Appellants, Dan Backer, Patricia E. Roberts, Jessica L. Delaney, Bryan U. Gividen, Tillman J. Breckenridge
Stop This Insanity, Inc., Et Al., Appellants, V. Federal Election Commission, Appellee: Brief Of Appellants, Dan Backer, Patricia E. Roberts, Jessica L. Delaney, Bryan U. Gividen, Tillman J. Breckenridge
Appellate and Supreme Court Clinic
No abstract provided.
The Supreme Court's Theory Of Private Law, Nathan B. Oman, Jason M. Solomon
The Supreme Court's Theory Of Private Law, Nathan B. Oman, Jason M. Solomon
Faculty Publications
In this Article, we revisit the clash between private law and the First Amendment in the Supreme Court’s recent case, Snyder v. Phelps, using a private-law lens. We are scholars who write about private law as individual justice, a perspective that has been lost in recent years but is currently enjoying something of a revival.
Our argument is that the Supreme Court’s theory of private law has led it down a path that has distorted its doctrine in several areas, including the First Amendment–tort clash in Snyder. In areas that range from punitive damages to preemption, the Supreme Court has …
The First Amendment’S Global Dimension, Timothy Zick
The First Amendment’S Global Dimension, Timothy Zick
Popular Media
No abstract provided.
(No) State Interests In Regulating Gender: How Suppression Of Gender Nonconformity Violates Freedom Of Speech, Jeffrey Kosbie
(No) State Interests In Regulating Gender: How Suppression Of Gender Nonconformity Violates Freedom Of Speech, Jeffrey Kosbie
William & Mary Journal of Race, Gender, and Social Justice
Despite limited growth in legal protections for transgender people, dress and appearance are largely treated as unprotected matters of personal preference. In response, lawyers and scholars argue that dress and appearance are intimately connected to the expression of identity. Nonetheless, courts have generally deferred to the government’s proffered justifications for these laws.
This article refocuses on the government’s alleged interests in regulating gender nonconformity. Using a First Amendment analysis, the article reveals how seemingly neutral government interests are used to single out conduct because it expresses messages of gender nonconformity. This approach avoids impossible questions about the subjective intent of …
Bridging The Liability Gap: How Kowalski's Interpretation Of Reasonable Foreseeability Limits School Liability For Inaction In Cases Of Cyberbullying, Christopher A. Sickles
Bridging The Liability Gap: How Kowalski's Interpretation Of Reasonable Foreseeability Limits School Liability For Inaction In Cases Of Cyberbullying, Christopher A. Sickles
William & Mary Bill of Rights Journal
No abstract provided.
Chick-Fil-A And The Problem Of Soft Censorship, Nathan B. Oman
Chick-Fil-A And The Problem Of Soft Censorship, Nathan B. Oman
Popular Media
No abstract provided.
Distorting Democracy: Campaign Lies In The 21st Century, Gerald G. Ashdown
Distorting Democracy: Campaign Lies In The 21st Century, Gerald G. Ashdown
William & Mary Bill of Rights Journal
No abstract provided.
Looking Back At Cohen V. California: A 40 Year Retrospective From Inside The Court, Thomas G. Krattenmaker
Looking Back At Cohen V. California: A 40 Year Retrospective From Inside The Court, Thomas G. Krattenmaker
William & Mary Bill of Rights Journal
No abstract provided.
Hugo Black's Vision Of The Lawyer, The First Amendment, And The Duty Of The Judiciary: The Bar Applicant Cases In A National Security State, Joshua E. Kastenberg
Hugo Black's Vision Of The Lawyer, The First Amendment, And The Duty Of The Judiciary: The Bar Applicant Cases In A National Security State, Joshua E. Kastenberg
William & Mary Bill of Rights Journal
No abstract provided.
Teens, Sexts, & Cyberspace: The Constitutional Implications Of Current Sexting & Cyberbullying Laws, Jamie L. Williams
Teens, Sexts, & Cyberspace: The Constitutional Implications Of Current Sexting & Cyberbullying Laws, Jamie L. Williams
William & Mary Bill of Rights Journal
No abstract provided.
(Government) Speech Spaces, Timothy Zick
Architectural Trusteeship, Timothy Zick
Speech And Spatiality, Timothy Zick
Reconciling Religious Free Exercise And National Security: Triumph Of The Ultimate Compelling Governmental Interest, Gregory P. Proseus
Reconciling Religious Free Exercise And National Security: Triumph Of The Ultimate Compelling Governmental Interest, Gregory P. Proseus
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Falsely Shouting Fire In A Global Theater: Emerging Complexities Of Transborder Expression, Timothy Zick
Falsely Shouting Fire In A Global Theater: Emerging Complexities Of Transborder Expression, Timothy Zick
Faculty Publications
We have entered an era in which potentially harmful expression can be distributed around the world in an instant. In the emerging global theater, speakers and audiences are connected through new and proliferating media; communicative space and time are compressed to an extraordinary degree; domestic expression can implicate national security and foreign affairs concerns; and a new model of global information dissemination is developing in which speakers are sometimes located beyond the jurisdiction of nations that may be harmed by their communications and disclosures.
This Article examines the First Amendment complexities associated with the dissemination of potentially harmful information in …
All A Twitter: Social Networking, College Athletes, And The First Amendment, Davis Walsh
All A Twitter: Social Networking, College Athletes, And The First Amendment, Davis Walsh
William & Mary Bill of Rights Journal
No abstract provided.
Campus Citizenship And Associational Freedom: An Aristolelian Take On The Nondiscrimination Puzzle, Chapin Cimino
Campus Citizenship And Associational Freedom: An Aristolelian Take On The Nondiscrimination Puzzle, Chapin Cimino
William & Mary Bill of Rights Journal
Student expressive association on campus is a thorny thicket. Student affinity groups often choose to organize around a shared principle or characteristic of the groups’ members, which, by definition, makes those students different in some way from their peers. In order to preserve the group’s sense of uniqueness, these groups often then wish to control their own membership and voting policies. They feel, in essence, entitled to discriminate—a right arguably embodied by the First Amendment freedom of expressive association. When campus groups actually exercise this right, however, they run into university antidiscrimination policies, which can cost them official campus recognition. …
Censoring The Internet, Timothy Zick
The Occupation — Place, Balance, And Proximity, Timothy Zick
The Occupation — Place, Balance, And Proximity, Timothy Zick
Popular Media
No abstract provided.
The Power Of Place, Timothy Zick
Stolen Valor Act Discussion, Timothy Zick
Public Protest 1.0, Timothy Zick