Open Access. Powered by Scholars. Published by Universities.®

First Amendment Commons™

Open Access. Powered by Scholars. Published by Universities.®

United States Constitution 1st Amendment

Discipline
Institution
Publication Year
Publication
Publication Type

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 Sep 2013

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 Sep 2013

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 Jun 2013

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 Jun 2013

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 May 2013

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 May 2013

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 May 2013

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 May 2013

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 Apr 2013

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 Mar 2013

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 Feb 2013

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 Feb 2013

(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 Nov 2012

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 Jul 2012

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 May 2012

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 Mar 2012

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 Mar 2012

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 Mar 2012

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 Feb 2012

(Government) Speech Spaces, Timothy Zick

Popular Media

No abstract provided.


Architectural Trusteeship, Timothy Zick Feb 2012

Architectural Trusteeship, Timothy Zick

Popular Media

No abstract provided.


Speech And Spatiality, Timothy Zick Feb 2012

Speech And Spatiality, Timothy Zick

Popular Media

No abstract provided.


Reconciling Religious Free Exercise And National Security: Triumph Of The Ultimate Compelling Governmental Interest, Gregory P. Proseus Feb 2012

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 Jan 2012

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 Dec 2011

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 Dec 2011

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 Oct 2011

Censoring The Internet, Timothy Zick

Popular Media

No abstract provided.


The Occupation — Place, Balance, And Proximity, Timothy Zick Oct 2011

The Occupation — Place, Balance, And Proximity, Timothy Zick

Popular Media

No abstract provided.


The Power Of Place, Timothy Zick Oct 2011

The Power Of Place, Timothy Zick

Popular Media

No abstract provided.


Stolen Valor Act Discussion, Timothy Zick Oct 2011

Stolen Valor Act Discussion, Timothy Zick

Popular Media

No abstract provided.


Public Protest 1.0, Timothy Zick Oct 2011

Public Protest 1.0, Timothy Zick

Popular Media

No abstract provided.