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Articles 181 - 210 of 334
Full-Text Articles in First Amendment
Trans-Border Exclusion And Execution, Timothy Zick
Trans-Border Exclusion And Execution, Timothy Zick
Popular Media
No abstract provided.
The Auto-Authentication Of The Page: Purely Written Speech And The Doctrine Of Obscenity, Ryen Rasmus
The Auto-Authentication Of The Page: Purely Written Speech And The Doctrine Of Obscenity, Ryen Rasmus
William & Mary Bill of Rights Journal
No abstract provided.
More On The Wall Street Protest, Timothy Zick
Arab Spring On Wall Street?, Timothy Zick
Cosmopolitanism And First Amendment Exceptionalism, Timothy Zick
Cosmopolitanism And First Amendment Exceptionalism, Timothy Zick
Popular Media
No abstract provided.
Exporting The First Amendment, Timothy Zick
First Amendment Cosmopolitanism, Timothy Zick
The First Amendment’S Trans-Border Dimension, Timothy Zick
The First Amendment’S Trans-Border Dimension, Timothy Zick
Popular Media
No abstract provided.
New Faces Of The First Amendment: The Philosopher, The Pastor, And The Publisher, Timothy Zick
New Faces Of The First Amendment: The Philosopher, The Pastor, And The Publisher, Timothy Zick
Popular Media
No abstract provided.
The Summer Of Discontent: Creative Repertoires Of Public Protest, Timothy Zick
The Summer Of Discontent: Creative Repertoires Of Public Protest, Timothy Zick
Popular Media
No abstract provided.
The Law Of Reputation And The Interest Of The Audience, Laura A. Heymann
The Law Of Reputation And The Interest Of The Audience, Laura A. Heymann
Faculty Publications
Although an individual has control over many of the statements, acts, and other biographical data points that are used to construct her reputation, she does not ultimately have control over the result of that reputational assessment, the pronouncement of which is a task reserved to others. Reputation is fundamentally a social concept; it does not exist until a community collectively forms a judgment about an individual or firm that has the potential to guide the community’s future interactions. Despite reputation’s relational nature, discussions of the law’s interest in reputation tend to focus on one of two parties: the individual or …
The First Amendment In Trans-Border Perspective: Toward A More Cosmopolitan Orientation, Timothy Zick
The First Amendment In Trans-Border Perspective: Toward A More Cosmopolitan Orientation, Timothy Zick
Faculty Publications
This Article examines the First Amendment’s critical trans-border dimension—its application to speech, association, press, and religious activities that cross or occur beyond territorial borders. Judicial and scholarly analysis of this aspect of the First Amendment has been limited, at least as compared to consideration of more domestic or purely local concerns. This Article identifies two basic orientations with respect to the First Amendment—the provincial and the cosmopolitan. The provincial orientation, which is the traditional account, generally views the First Amendment rather narrowly—i.e., as a collection of local liberties or a set of limitations on domestic governance. First Amendment provincialism does …
Government Property And Government Speech, Joseph Blocher
Government Property And Government Speech, Joseph Blocher
William & Mary Law Review
The relationship between property and speech is close, but complicated. Speakers use places and things to deliver their messages, and rely on property rights both to protect expressive acts and to serve as an independent means of expression. And yet courts and scholars have struggled to make sense of the property-speech connection. Is property merely a means of expression, or can it be expressive in and of itself? And what kind of “property” do speakers need to have—physical things, bundles of rights, or something else entirely?
In the context of government property and government speech, the ill-defined relationship between property …
The Dark Side Of The Force: The Legacy Of Justice Holmes For First Amendment Jurisprudence, Steven J. Heyman
The Dark Side Of The Force: The Legacy Of Justice Holmes For First Amendment Jurisprudence, Steven J. Heyman
William & Mary Bill of Rights Journal
Modern First Amendment jurisprudence is deeply paradoxical. On one hand,
freedom of speech is said to promote fundamental values such as individual selffulfillment, democratic deliberation, and the search for truth. At the same time, however, many leading decisions protect speech that appears to undermine these values by attacking the dignity and personality of others or their status as full and equal members of the community. In this Article, I explore where this Jekyll-and-Hyde quality of First Amendment jurisprudence comes from. I argue that the American free speech tradition consists of two very different strands: a liberal humanist view that emphasizes …
Symposium On Commercial Speech And Public Health, Jonathan H. Adler
Symposium On Commercial Speech And Public Health, Jonathan H. Adler
Faculty Publications
Does the constitutional protection of commercial speech impair the government's ability to protect and promote public health? Or does the commercial speech doctrine itself enhance consumer education and harness market competition to advance public health? Do First Amendment limitations on regulation of commercial messages unduly retard governmental efforts to safeguard consumers? Or do they properly constrain illiberal paternalism? If the Court has been over-protective of health-related commercial speech, is there a principled place to redraw the line? And how should those governmental agencies entrusted with the power to protect public health and welfare respond to these constitutional constraints?
The editors …
Huppert, Reilly, And The Increasing Futility Of Relying On The First Amendment To Protect Employee Speech, John Q. Mulligan
Huppert, Reilly, And The Increasing Futility Of Relying On The First Amendment To Protect Employee Speech, John Q. Mulligan
William & Mary Bill of Rights Journal
No abstract provided.
First Amendment Based Copyright Misuse, David S. Olson
First Amendment Based Copyright Misuse, David S. Olson
William & Mary Law Review
We are at a crossroads with respect to the underdeveloped equitable defense of copyright misuse. The defense may go the way of its sibling, antitrust-based patent misuse, which seems to be in a state of inevitable decline. Or—if judges accept the proposal of this Article—courts could reinvigorate the copyright misuse defense to better protect First Amendment speech that is guaranteed by statute, but that is often chilled by copyright holders misusing their copyrights to control others’ speech. The Copyright Act serves First Amendment interests by encouraging authors to create works. But copyright law can also discourage the creation of new …
Section 6: First Amendment, Institute Of Bill Of Rights Law, William & Mary Law School
Section 6: First Amendment, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Family Values, Courts, And Culture War: The Case Of Abstinence-Only Sex Education, John E. Taylor
Family Values, Courts, And Culture War: The Case Of Abstinence-Only Sex Education, John E. Taylor
William & Mary Bill of Rights Journal
No abstract provided.
The "Licentiousness" In Religious Organizations And Why It Is Not Protected Under Religious Liberty Constitutional Provisions, Marci A. Hamilton
The "Licentiousness" In Religious Organizations And Why It Is Not Protected Under Religious Liberty Constitutional Provisions, Marci A. Hamilton
William & Mary Bill of Rights Journal
No abstract provided.
The Bapcpa, The Gag Rule, And The First Amendment: A Proposal For Alignment Through Interpretive And Analytical Change, Cullen Ann Drescher
The Bapcpa, The Gag Rule, And The First Amendment: A Proposal For Alignment Through Interpretive And Analytical Change, Cullen Ann Drescher
William & Mary Bill of Rights Journal
No abstract provided.
Taking My Leave, Timothy Zick
Flipping The Bird, Timothy Zick
Foreign Contacts And The First Amendment, Timothy Zick
Foreign Contacts And The First Amendment, Timothy Zick
Popular Media
No abstract provided.
Fifth Avenue Freeze-Out, Timothy Zick
Free Speech And Civil Liability, Timothy Zick
Cross-Border Speech Conflicts, Timothy Zick
Property As/And Constitutional Settlement, Timothy Zick
Property As/And Constitutional Settlement, Timothy Zick
Popular Media
No abstract provided.
Free Speech And The Furrier, Timothy Zick
Buffers, Bubbles, And Abortion Speech, Timothy Zick
Buffers, Bubbles, And Abortion Speech, Timothy Zick
Popular Media
No abstract provided.