First Amendment Commons^™

Advancing An Adaptive Standard Of Strict Scrutiny For Content-Based Commercial Speech Regulation, Nat Stern, Mark Joseph Stern

Scholarly Publications

No abstract provided.

A Winn For Originalism Puts Establishment Clause Reform Within Reach, Patrick T. Gillen

William & Mary Bill of Rights Journal

No abstract provided.

Distinguishing Between Custom And Law: Empirical Examples Of Endogeneity In Property And First Amendment Precedents, Daniel L. Chen, Susan Yeh

William & Mary Bill of Rights Journal

No abstract provided.

Detailing Commercial Speech: What Pharmaceutical Marketing Reveals About Bans On Commercial Speech, Andrew J. Wolf

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

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

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

United States Food Law Update: Shrouded By Election-Year Politics, State Initiatives And Private Lawsuits Fill In The Gaps Created By Congressional And Agency Ossification, A. Bryan Endres, Lisa R. Schlessinger, Rachel Armstrong

Journal of Food Law & Policy

Observers of food law in the 2012 presidential election year witnessed a dramatic slowing of federal initiatives-perhaps arising from a desire by both Congress and the administration to avoid upsetting critical constituent groups during a year seemingly dominated by campaigns and endless talking points. For example, Congress failed to take action on a unique compromise between what some had considered mortal enemies-the Humane Society of the United States and United Egg Producers-that would implement a federal animal welfare standard for laying hens in return for abandoning ballot measures in various states. Similarly, the FDA waited until the early days of …

Advancing An Adaptive Standard Of Strict Scrutiny For Content-Based Commercial Speech Regulation, Nat Stern, Mark Joseph Stern

University of Richmond Law Review

No abstract provided.

A Progressive Mind : Louis D. Brandeis And The Origins Of Free Speech., Elizabeth Diane Todd

Electronic Theses and Dissertations

This study argues that Associate Supreme Court Justice Louis D. Brandeis played a key role in shaping the jurisprudence of free political speech in the United States. Brandeis's judicial opinions on three freedom of speech cases in the post-World War I era provide the evidence for this argument. This thesis demonstrates how the Espionage and Sedition Acts of World War I allowed Brandeis the opportunity to reflect and rule on the Founding Fathers' meaning of free speech in a political democracy. Chapter I offers a detailed historiography of the Progressive Era and World War I. Chapter II provides a biography …

Neutrality Fatality As Between Government Speech And Religion And Nonreligion: How The Government Speech Doctrine Provides A Solution, Haley Jankowski

BYU Law Review

No abstract provided.

Rethinking Reporter's Privilege, Ronnell Andersen Jones

Michigan Law Review

Forty years ago, in Branzburg v. Hayes, the Supreme Court made its first and only inquiry into the constitutional protection of the relationship between a reporter and a confidential source. This case - decided at a moment in American history in which the role of an investigative press, and of information provided by confidential sources, was coming to the forefront of public consciousness in a new and significant way - produced a reporter-focused "privilege" that is now widely regarded to be both doctrinally questionable and deeply inconsistent in application. Although the post-Branzburg privilege has been recognized as flawed in a …

The Application Of Anti-Discrimination Laws To Religious Institutions: The Irresistible Force Meets The Immovable Object, Oliver S. Thomas

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Unemployment Insurance And The Religion Clauses Of The United States Constitution, David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Exclusion Of The Press: Herald Company Inc. V. Weisenberg, N.Y. Supreme Court Appellate Division -- First Department

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

This Alj Said Too Much: Prison Hearing Officer Charges Michigan Department Of Corrections With First Amendment Violations And Race Discrimination, Carolyn Amadon

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Brief Of Richard W. Garnett, Michael Stokes Paulsen, & Eugene Volokh As Amici Curiae In Support Of Petitioners, Kevin C. Walsh, Ryan A. Shores, Richard W. Garnett

Court Briefs

No. 12-1168
Eleanor McCullen v. Martha Coakley

On Petition for a Writ of Certiorari to the United States Court of Appeals for the First Circuit

From the Summary of Argument

This Court granted certiorari in Hill v. Colorado “[b]ecause of the importance of the case.” 530 U.S. 703, 714 (2000). The Court should grant certiorari in this case because of the importance of placing limits on Hill.

The Court does not need to overrule Hill to contain the damage wrought by the First Circuit’s expansion of it. But the Court should contain Hill and thereby prevent further erosion of …

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.

Public Access To Physician And Attorney Disciplinary Proceedings, Michael Spake

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Breaking Terror's Bank Without Breaking The Law: A Comment On The Usa Patriot Act And The United States Financial War On Terrorism , Carrie L. Folendorf

Journal of the National Association of Administrative Law Judiciary

This comment will discuss the effect of abandoning our Constitution in times of crisis by discussing how Executive Order 13,224 and the USA PATRIOT Act infringe upon our fundamental First Amendment freedoms of association, and how they violate the Due Process Clause of the Fifth Amendment by withholding notice and the opportunity to be heard. Part II will outline legislation which demonstrates how the United States has historically dealt with freezing the assets of designated terrorists, and will include a discussion of the provisions in the Anti-Terrorism and Effective Death Penalty Act of 1996 (AEDPA) and the USA PATRIOT Act …

Agencies And The Arts: The Dilemma Of Subsidizing Expression, Jennifer Weatherup

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Muzzling And Caging Administrative Law Judges: The Social Security Administration Attempts To Control Its Most "Notorious" Employees, Allen E. Shoenberger

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

S!*T, P*@S, C*^T, F*#K, C*@!S*&!Er, M*!#$*@!*#^R, T*!S - The Fcc's Crackdown On Indecency, Lindsay Weiss

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Consider The Source: A Note On Public-Sector Union Expenditure Restrictions Upheld In Davenport V. Washington Education Association, Daniel A. Himebaugh

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Defining The Lifeblood: The Search For A Sensible Ministerial Exception Test, Summer E. Allen

Pepperdine Law Review

Over the past 40 years, the circuit courts have acknowledged a ministerial exception to Title VII and other anti-discrimination laws that gives churches the freedom to determine who serves in ministerial roles as a voice of a church’s faith. In January of 2012, the Supreme Court officially adopted the exception into its jurisprudence. The opinion, however, left many questions unanswered. Mainly, the decision failed to give any guidance to lower courts regarding who is and who is not a minister. This article traces the history of the ministerial exception and the church autonomy doctrine back to the Religion Clauses in …

How Do You Solve A Problem Like Sharia? Awad V. Ziriax And The Question Of Sharia Law In America, Jeremy Grunert

Pepperdine Law Review

In the 2010 midterm elections, the citizens of Oklahoma passed a ballot initiative barring Oklahoma courts from considering the tenets of Islamic Sharia law in their judicial decisions. This initiative was passed in the midst of a nation-wide debate on the nature of Sharia law, in which numerous states began to take legislative steps to ban or limit the application of Sharia. Oklahoma’s law was the first to explicitly ban Sharia, and it was immediately challenged by a Muslim plaintiff for violating the Constitution’s Establishment and Free Exercise Clauses. This Article examines the resulting case, Awad v. Ziriax, and the …

Executive Action And The First Amendment's First Word, Daniel J. Hemel

Pepperdine Law Review

In recent years, textualist scholars have advanced the argument that the First Amendment only applies to legislative action, and thus that executive authority is unencumbered by the First Amendment’s prohibitions. According to this argument, the words “Congress shall make no law” cannot be construed to limit the powers of the executive branch. Upon first glance, it might seem that a textualist reading of the First Amendment’s first word would give the executive branch carte blanche in the regulation of religion, expression, and association. Yet as this Article seeks to show, a textualist reading of the First Amendment’s first word does …

Redressing The Balance: An Examination Of The Scope First Amendment Protections, Prosecutorial Discretion, And Probable Cause In The Wake Of Hartman V. Moore, Anjoli Terhune

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

When Public Employees Speak Out On Issues Of Public Concern: The Applicability Of Pickering In Garcetti V. Ceballos, Jayne Chen

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

I Want My Mtv, But Not Your Vh1: A La Carte Cable, Bundling, And The Potential Great Cable Compromise, Holly Phillips

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Fair Play: The Tension Between An Athletic Association's Regulatory Power And Free Speech Rights Of Member Schools - The Practical Implications Of Tennessee V. Brentwood, Aaron Echols

Journal of the National Association of Administrative Law Judiciary

This case note focuses on the development of free speech rights and how those free speech rights co-exist with the rights of administrative bodies to regulate the speech and behavior of members. In particular, this case note examines the tension between the free speech rights of member schools trying to advertise the benefits of attending their school and the regulatory interests of an athletic association seeking to ensure fair athletic competition and academic priority over athletics.