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Articles 2341 - 2370 of 7923
Full-Text Articles in First Amendment
Reconsidering Incitement, Tinker And The Heckler’S Veto On College Campuses: Richard Spencer And The Charlottesville Factor, Clay Calvert
Reconsidering Incitement, Tinker And The Heckler’S Veto On College Campuses: Richard Spencer And The Charlottesville Factor, Clay Calvert
UF Law Faculty Publications
This Essay analyzes key First Amendment issues surrounding Richard Spencer and Milo Yiannopoulos speaking on public university campuses. Some institutions (Ohio State University, Michigan State University and Pennsylvania State University) have flatly banned Spencer, citing fears of incitement to violence but also sparking federal lawsuits. Other schools have permitted Spencer to speak, but at massive security costs, in an attempt to prevent a so-called heckler’s veto. This Essay examines the tension between providing a public platform for controversial speakers and the costs associated with doing so, including the relevance of the Supreme Court’s aging incitement test created in Brandenburg v. …
A First Amendment Right To Corrupt Your Politician, Eugene Temchenko
A First Amendment Right To Corrupt Your Politician, Eugene Temchenko
Cornell Law Review
Are you dealing with state or federal agencies, to no avail? Do you need someone on top to advocate for you? You may have a right to buy your Governor’s help. It is well-established that the Constitution protects the right of political association, which includes contributions to candidates in return for ingratiation and access. Nonetheless, courts and scholars have generally limited this right to contributions to campaigns for public office. After McDonnell v. United States, that may change. Reading the McDonnell opinion in light of McCutcheon, this Note and other commentators conclude that the Supreme Court may have inadvertently created …
Public Fora And The Problem Of Too Much Speech, R. George Wright
Public Fora And The Problem Of Too Much Speech, R. George Wright
Kentucky Law Journal
No abstract provided.
Permissible Accommodation Or Impermissible Endorsement? A Proposed Approach To Religious Exemptions And The Establishment Clause, Gary J. Simson
Permissible Accommodation Or Impermissible Endorsement? A Proposed Approach To Religious Exemptions And The Establishment Clause, Gary J. Simson
Kentucky Law Journal
No abstract provided.
Putting The "Exercise" Back In Free Exercise, Eric J. Segall
Putting The "Exercise" Back In Free Exercise, Eric J. Segall
Kentucky Law Journal
No abstract provided.
Religious Exemptions, Third-Party Harms, And The False Analogy To Church Taxes, Christopher C. Lund
Religious Exemptions, Third-Party Harms, And The False Analogy To Church Taxes, Christopher C. Lund
Kentucky Law Journal
No abstract provided.
Religious Accommodations And Third-Party Harms: Constitutional Values And Limits, Kathleen A. Brady
Religious Accommodations And Third-Party Harms: Constitutional Values And Limits, Kathleen A. Brady
Kentucky Law Journal
No abstract provided.
The Costs Of Conscience, Micah Schwartzman, Nelson Tebbe, Richard Schragger
The Costs Of Conscience, Micah Schwartzman, Nelson Tebbe, Richard Schragger
Kentucky Law Journal
No abstract provided.
The First Amendment, Compelled Speech & Minors: Jettisoning The Fcc Mandate For Children's Television Programming, Clay Calvert
The First Amendment, Compelled Speech & Minors: Jettisoning The Fcc Mandate For Children's Television Programming, Clay Calvert
Kentucky Law Journal
No abstract provided.
Defamation And Privacy In The Social Media Age: What Would Justice Brennan Think?, Stephen Wermiel
Defamation And Privacy In The Social Media Age: What Would Justice Brennan Think?, Stephen Wermiel
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Think Of An Elephant? Tweeting As "Framing" Executive Power, Fernando R. Laguarda
Think Of An Elephant? Tweeting As "Framing" Executive Power, Fernando R. Laguarda
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Categorizing Student Speech, Alexander Tsesis
Categorizing Student Speech, Alexander Tsesis
Faculty Publications & Other Works
No abstract provided.
Constitutional Law: Protecting Our Youth: A Necessary Limit On The First Amendment—State V. Muccio, Richard A. Podvin
Constitutional Law: Protecting Our Youth: A Necessary Limit On The First Amendment—State V. Muccio, Richard A. Podvin
Mitchell Hamline Law Review
No abstract provided.
The Question Of Speech On Private Campuses And The Answer Nobody Wants To Hear, Steven P. Aggergaard
The Question Of Speech On Private Campuses And The Answer Nobody Wants To Hear, Steven P. Aggergaard
Mitchell Hamline Law Review
No abstract provided.
Trinity Lutheran And The Future Of Educational Choice: Implications For State Blaine Amendments, Richard D. Komer
Trinity Lutheran And The Future Of Educational Choice: Implications For State Blaine Amendments, Richard D. Komer
Mitchell Hamline Law Review
No abstract provided.
The Expansion Of Child Pornography Law, Carissa Byrne Hessick
The Expansion Of Child Pornography Law, Carissa Byrne Hessick
Faculty Publications
This Symposium essay identifies two dramatic expansions of child pornography law: prosecutions for possessing images of children who are clothed and not engaged in any sexual activity, and prosecutions for possessing smaller portions of artistic and non-pornographic images. These prosecutions have expanded the definition of the term ‘‘child pornography’’ well beyond its initial meaning. What is more, they signal that child pornography laws are being used to punish people not necessarily because of the nature of the picture they possess, but rather because of the conclusion that those individuals are sexually attracted to children. If law enforcement concludes that a …
New York Right Of Publicity Law: Panel Discussion, Mary Lafrance
New York Right Of Publicity Law: Panel Discussion, Mary Lafrance
Scholarly Works
No abstract provided.
The Public Defender's Pin: Untangling Free Speech Regulation In The Courtroom, Michael Kagan
The Public Defender's Pin: Untangling Free Speech Regulation In The Courtroom, Michael Kagan
Scholarly Works
Recent disputes in Ohio and Nevada about whether lawyers should be allowed to wear “Black Lives Matter” pins in open court expose a fault line in First Amendment law. Lower courts have generally been unsympathetic to lawyers who display political symbols in court. But it would go too far suggest that free speech has no relevance in courtrooms. This Essay argues for a way to strike a balance.
The Formulary Fix Buries Fritz & Harvey: Drug Promotion Escapes Its Past Constraints, James T. O'Reilly
The Formulary Fix Buries Fritz & Harvey: Drug Promotion Escapes Its Past Constraints, James T. O'Reilly
Washington and Lee Law Review
No abstract provided.
Anti-Gay Colorado Baker Prevails In Narrow Ruling, Arthur S. Leonard
Anti-Gay Colorado Baker Prevails In Narrow Ruling, Arthur S. Leonard
Other Publications
No abstract provided.
Sympathy For The Devil: Gawker, Thiel, And Newsworthiness, Amy Gajda
Sympathy For The Devil: Gawker, Thiel, And Newsworthiness, Amy Gajda
American University Law Review
No abstract provided.
Everyone Take A Knee And Listen Up! Examining Student-Athlete Protests During The National Anthem, Zack Zastrow
Everyone Take A Knee And Listen Up! Examining Student-Athlete Protests During The National Anthem, Zack Zastrow
Marquette Sports Law Review
None
Reconciling The Lanham Act And The Fdca: A Comment On Chris Hurley’S Note, Christopher B. Seaman
Reconciling The Lanham Act And The Fdca: A Comment On Chris Hurley’S Note, Christopher B. Seaman
Washington and Lee Law Review
No abstract provided.
What Did The First Amendment Originally Mean?, Jud Campbell
What Did The First Amendment Originally Mean?, Jud Campbell
Law Faculty Publications
The First Amendment says that “Congress shall make no law … abridging the freedom of speech, or of the press.” For Americans, this language is familiar. But what exactly does it mean? How far do the speech and press clauses restrict governmental power? The founders, as we will see, answered these questions very differently than we typically do today. And the reasons why highlight fundamental shifts in American constitutional thought.
Ng9-1-1, Cybersecurity, And Contributions To The Model Framework For A Secure National Infrastructure, Andrew Jackson Coley
Ng9-1-1, Cybersecurity, And Contributions To The Model Framework For A Secure National Infrastructure, Andrew Jackson Coley
Catholic University Journal of Law and Technology
9-1-1 call networks form the foundation of emergency communications infrastructure. However, a lack of funding and taking such networks for granted has led to a gradual yet predictable outdating of this critical infrastructure. Fortunately, recent efforts have acknowledged as such, and dedicated public safety officials have worked to update 9-1-1 systems to Next Generation 9-1-1 (NG9-1-1).
NG9-1-1 is an IP-based network with 21stcentury technology capable of handling increased call volume, more resilient networks, and providing significantly more data to first responders, among litany of other advancements. With this much needed advancement comes the responsibilities of ensuring a secure …
Alexa, Who Owns My Pillow Talk? Contracting, Collaterizing, And Monetizing Consumer Privacy Through Voice-Captured Personal Data, Anne Logsdon Smith
Alexa, Who Owns My Pillow Talk? Contracting, Collaterizing, And Monetizing Consumer Privacy Through Voice-Captured Personal Data, Anne Logsdon Smith
Catholic University Journal of Law and Technology
With over one-fourth of households in the U.S. alone now using voice-activated digital assistant devices such as Amazon’s Echo (better known as “Alexa”) and Google’s Home, companies are recording and transmitting record volumes of voice data from the privacy of people’s homes to servers across the globe. These devices capture conversations about everything from online shopping to food preferences to entertainment recommendations to bedtime stories, and even phone and appliance use. With “Big Data” and business analytics expected to be a $203 billion-plus industry by 2020, companies are racing to acquire and leverage consumer data by selling it, licensing it, …
Chasing Shadows: The Economic And Noneconomic Thrust Of Bds, Harry G. Hutchison
Chasing Shadows: The Economic And Noneconomic Thrust Of Bds, Harry G. Hutchison
Cardozo International & Comparative Law Review
Proponents of the Boycott, Divestment and Sanctions (BDS) campaign, in combination with left-wing activists and progressive theorists, sustain themselves through perceived adversity with the mantra that the universe evolves toward justice, which, in turn, allows for a focused indignation on Israel for alleged abuses of the Palestinian people. In this account, Israel's conduct thwarts desirable human progress and deserves reproof Alternatively, ire erupts because Israeli Jews are being, well, Jews. Despite persuasive evidence showing the contention that the Arabs of Palestine and the Land of Israel possess the same legal rights as the Jewish people contradicts principles of international law, …
The Domestic Establishment Clause, Josh Blackman
The Domestic Establishment Clause, Josh Blackman
Roger Williams University Law Review
No abstract provided.
U.S. Supreme Court Surveys: 2016 Term. Matal V. Tam: Free Speech Meets "Disparaging" Trademarks In The Supreme Court, Niki Kuckes
U.S. Supreme Court Surveys: 2016 Term. Matal V. Tam: Free Speech Meets "Disparaging" Trademarks In The Supreme Court, Niki Kuckes
Law Faculty Scholarship
No abstract provided.
R.I.P. To Rluipa: The Ongoing Debate Of Rluipa As Applied To Local Cemetery Ordinances Is Finally Laid To Rest, Alexandra C. Rawson
R.I.P. To Rluipa: The Ongoing Debate Of Rluipa As Applied To Local Cemetery Ordinances Is Finally Laid To Rest, Alexandra C. Rawson
Roger Williams University Law Review
No abstract provided.