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Articles 4501 - 4530 of 7924
Full-Text Articles in First Amendment
Subsidizing The Press, David M. Schizer
Subsidizing The Press, David M. Schizer
Faculty Scholarship
Through beat reporting and investigative journalism, reporters monitor the foundational institutions of our society. This reporting has value even to those who never buy a newspaper or read a website. For example, subscribers and nonsubscribers alike benefit when government officials respond to a critical news story by eliminating an abusive practice. Yet unfortunately, the professional press is experiencing a severe economic crisis. Layoffs are pervasive, and news organizations across the nation are on the brink of insolvency. As a result, a number of commentators have proposed government subsidies for the press. Yet if the press becomes financially dependent on the …
Shouting "Fire!" In A Theater And Vilifying Corn Dealers, Vincent A. Blasi
Shouting "Fire!" In A Theater And Vilifying Corn Dealers, Vincent A. Blasi
Faculty Scholarship
Five years ago, Fred Schauer published an article with the intriguing title: "Do Cases Make Bad Law?" Playing off Holmes' observation that "[g]reat cases like hard cases make bad law," Schauer explored the possibility, as he put it, that "it is not just great cases and hard cases that make bad law, but simply the deciding of cases that makes bad law.” His concern, confirmed and deepened by his characteristically balanced inquiry, was that general principles forged in the resolution of specific legal disputes can suffer by virtue of that provenance. Because such principles by definition are meant to carry …
Seana Shiffrin's Thinker-Based Freedom Of Speech: A Response, Vincent A. Blasi
Seana Shiffrin's Thinker-Based Freedom Of Speech: A Response, Vincent A. Blasi
Faculty Scholarship
As an instinctive consequentialist so far as First Amendment theory is concerned, I have to admit that I have never been so tempted by a non-consequentialist account as I am by what Professor Shiffrin has produced. My principal interest is the history of ideas regarding the freedom of speech. I have long been struck by how so many of the canonical writers on the subject have built their arguments from the starting point of the central importance of the freedom of thought. This is true of Milton and Mill in a basic, explicit, straightforward way (if Milton can ever be …
Justice Stevens, Religion, And Civil Society, Gregory P. Magarian
Justice Stevens, Religion, And Civil Society, Gregory P. Magarian
Scholarship@WashULaw
Did Justice John Paul Stevens, who retired from the Supreme Court last year, harbor a bias against religion? During his thirty-five years on the Court, Justice Stevens showed little favor for religious claimants. In Establishment Clause cases he advocated a strong doctrine of separation between church and state. In the most contentious Free Exercise Clause cases, he opposed exempting religious believers from laws that interfered with religious exercise. This combination of positions, unique among the Justices of the Burger, Rehnquist, and Roberts Courts, has led commentators to charge Justice Stevens with hostility toward religion. This article debunks that conventional analysis …
Religious Argument, Free Speech Theory, And Democratic Dynamism, Gregory P. Magarian
Religious Argument, Free Speech Theory, And Democratic Dynamism, Gregory P. Magarian
Scholarship@WashULaw
Political theorists have long debated whether liberal democratic norms of public political debate should constrain political arguments grounded in religious beliefs or similar conscientious commitments. In this article, Professor Magarian contends that normative insights from free speech theory have salience for this controversy and should ultimately lead us to reject any normative constraint on religious argument. On the restrictive side of the debate stand prominent liberal theorists, led by John Rawls, who maintain that arguments grounded in religion and other comprehensive commitments threaten liberal democracy by offering illegitimate grounds for government action and destabilizing democratic politics. On the permissive side …
The Dogs That Did Not Bark: The Silence Of The Legal Academy During World War Ii, Sarah H. Ludington
The Dogs That Did Not Bark: The Silence Of The Legal Academy During World War Ii, Sarah H. Ludington
Faculty Scholarship
During World War II, the legal academy was virtually uncritical of the government’s conduct of the war, despite some obvious domestic abuses of civil rights, such as the internment of Japanese-Americans. This silence has largely been ignored in the literature about the history of legal education. This Article argues that there are many strands of causation for this silence. On an obvious level, World War II was a popular war fought against a fascist threat, and left-leaning academics generally supported the war. On a less obvious level, law school enrollment plummeted during the war, and the numbers of full-time law …
The Limits Of Tort Privacy, Neil M. Richards
The Limits Of Tort Privacy, Neil M. Richards
Scholarship@WashULaw
The conception of tort privacy developed by Warren, Brandeis and Prosser sits at the heart of American understandings of privacy law. Rooted in protection of private information against unwanted collection, use, and disclosure, tort privacy protects against emotional injury, and was directed by design against disclosures of true, embarrassing facts by the media. In this essay, I argue that as conceived by Warren and Brandeis and interpreted by Prosser, tort privacy is a poor vehicle for grappling with problems of privacy and reputation in the digital age. Tort privacy, especially the disclosure tort, has from its inception been in conflict …
Democratic Participation And The Freedom Of Speech: A Response To Post And Weinstein Responses, Vincent A. Blasi
Democratic Participation And The Freedom Of Speech: A Response To Post And Weinstein Responses, Vincent A. Blasi
Faculty Scholarship
I think it is useful to search for a theory that has as one of its justifications its superior fit with either the case law or the fundamental commitments and shared understandings of the political community, preferably with both. So even if someone were to convince me that she has in hand a normatively superior theory of free speech, whether grounded in the commitment to democracy or otherwise, I would still be interested in what Professors Post and Weinstein are trying to do.
Transforming Property Into Speech, Joseph Blocher
Transforming Property Into Speech, Joseph Blocher
Faculty Scholarship
No abstract provided.
Free Speech And Autonomy: Thinkers, Storytellers, And A Systemic Approach To Speech, Susan H. Williams
Free Speech And Autonomy: Thinkers, Storytellers, And A Systemic Approach To Speech, Susan H. Williams
Articles by Maurer Faculty
No abstract provided.
Democracy, Freedom Of Speech, And Feminist Theory: A Response To Post And Weinstein, Susan H. Williams
Democracy, Freedom Of Speech, And Feminist Theory: A Response To Post And Weinstein, Susan H. Williams
Articles by Maurer Faculty
No abstract provided.
Book Review. Degradation: What The History Of Obscenity Tells Us About Hate Speech By Kevin W. Saunders, Jeannine Bell
Book Review. Degradation: What The History Of Obscenity Tells Us About Hate Speech By Kevin W. Saunders, Jeannine Bell
Articles by Maurer Faculty
No abstract provided.
Bob Dylan On Lenny Bruce: More Of An Outlaw Than You Ever Were, Louise Harmon
Bob Dylan On Lenny Bruce: More Of An Outlaw Than You Ever Were, Louise Harmon
Scholarly Works
No abstract provided.
Hope-Fulfilling Or Effectively Chilling? Reconciling The Hate Crimes Prevention Act With The First Amendment, Carter T. Coker
Hope-Fulfilling Or Effectively Chilling? Reconciling The Hate Crimes Prevention Act With The First Amendment, Carter T. Coker
Vanderbilt Law Review
Living on a meager disability pension and without means of transportation, forty-nine-year-old African American James Byrd, Jr. of Jasper, Texas thought he had caught a break when three white men offered him a ride home on June 6, 1998. The following morning, police found Byrd's torso in the middle of the road, his head and arm in a ditch a mile away, and a three-mile trail of blood staining the road. That racial animus was the motivation for Byrd's torture, dragging, and death was hardly in dispute. Two of the three perpetrators were members of white supremacist organizations and bore …
Turning Anti-Discrimination Laws On Their Head: Using Rhetoric To Attempt To Turn The Medicine Into The Illness, Todd Tolin
Student Works
No abstract provided.
Expensive Speech: Citizens United V. Fec And The Free Speech Rights Of Tax-Exempt Religious Organizations, Brandon S. Boulter
Expensive Speech: Citizens United V. Fec And The Free Speech Rights Of Tax-Exempt Religious Organizations, Brandon S. Boulter
BYU Law Review
No abstract provided.
Government Speech And Online Forums: First Amendment Limitations On Moderating Public Discourse On Government Websites, David S. Ardia
Government Speech And Online Forums: First Amendment Limitations On Moderating Public Discourse On Government Websites, David S. Ardia
BYU Law Review
No abstract provided.
Pick Your Poison: Private Speech, Government Speech, And The Special Problem Of Religious Displays, Ronnell Andersen Jones
Pick Your Poison: Private Speech, Government Speech, And The Special Problem Of Religious Displays, Ronnell Andersen Jones
BYU Law Review
No abstract provided.
The Emerging Oversimplifications Of The Government Speech Doctrine: From Substantive Content To A “Jurisprudence Of Labels”, Barry P. Mcdonald
The Emerging Oversimplifications Of The Government Speech Doctrine: From Substantive Content To A “Jurisprudence Of Labels”, Barry P. Mcdonald
BYU Law Review
No abstract provided.
Justice Souter On Government Speech, Sheldon Nahmod
Justice Souter On Government Speech, Sheldon Nahmod
BYU Law Review
No abstract provided.
The Free Speech Rights Of “Off-Duty” Government Employees, Mary-Rose Papandrea
The Free Speech Rights Of “Off-Duty” Government Employees, Mary-Rose Papandrea
BYU Law Review
No abstract provided.
Government Speech And The Publicly Employed Attorney, Margaret Tarkington
Government Speech And The Publicly Employed Attorney, Margaret Tarkington
BYU Law Review
In Garcetti v. Ceballos, the U.S. Supreme Court incorporated the "government speech" doctrine into its case law regarding the speech rights of public employees. This incorporation had the effect of nullifying a public employee's free speech rights whenever the employee is speaking pursuant to her official duties. While the Garcetti rule may be problematic in a number situations, it is particularly problematic as applied to publicly employed attorney speech, most notably the speech of prosecutors and public defenders. Attorney speech (including the speech of publicly employed attorneys) is not government speech and should not be treated as government speech. A …
Summum, The Vocality Of Public Places, And The Public Forum, Timothy Zick
Summum, The Vocality Of Public Places, And The Public Forum, Timothy Zick
BYU Law Review
No abstract provided.
What Justice Powell And Adam Smith Could Have Told The Citizens United Majority About Other People's Money, Robert L. Kerr
What Justice Powell And Adam Smith Could Have Told The Citizens United Majority About Other People's Money, Robert L. Kerr
First Amendment Law Review
No abstract provided.
The Game Changer: Citizens United'S Impact On Campaign Finance Law In General And Corporate Political Speech In Particular, James Jr. Bopp, Joseph E. La Rue, Elizabeth M. Kosel
The Game Changer: Citizens United'S Impact On Campaign Finance Law In General And Corporate Political Speech In Particular, James Jr. Bopp, Joseph E. La Rue, Elizabeth M. Kosel
First Amendment Law Review
No abstract provided.
Political Activity Of Tax-Exempt Churches Particularly After Citizens United V. Federal Election Commission And California's Proposition 8 Ban On Same-Sex Marriage: Render Unto Caesar What Is Caesar's, John R. Dorocak, Lloyd E. Peake
Political Activity Of Tax-Exempt Churches Particularly After Citizens United V. Federal Election Commission And California's Proposition 8 Ban On Same-Sex Marriage: Render Unto Caesar What Is Caesar's, John R. Dorocak, Lloyd E. Peake
First Amendment Law Review
No abstract provided.
The Unspoken Institutional Battle Over Anticorruption: Citizens United, Honest Services, And The Legislative-Judicial Divide, Jacob Eisler
The Unspoken Institutional Battle Over Anticorruption: Citizens United, Honest Services, And The Legislative-Judicial Divide, Jacob Eisler
First Amendment Law Review
No abstract provided.
Contents, First Amendment Law Review
Protecting The Heart Of The First Amendment, Defending Citizens United, Floyd Abrams
Protecting The Heart Of The First Amendment, Defending Citizens United, Floyd Abrams
First Amendment Law Review
No abstract provided.
Twittering Away The Right Of Publicity: Personality Rights And Celebrity Impersonation On Social Networking Websites, Andrew M. Jung
Twittering Away The Right Of Publicity: Personality Rights And Celebrity Impersonation On Social Networking Websites, Andrew M. Jung
Chicago-Kent Law Review
Within the past couple of years, social networking websites have become an immensely popular destination for people from all walks of life. Websites like Facebook and Twitter now count tens of millions of worldwide users, including world leaders and a number of celebrities. Eventually, users realized that social networking websites lent themselves to the quick and easy impersonation of celebrities through the creation of fake social networking accounts, often as a form of parody. One subject of such impersonation was professional baseball manager Tony La Russa, who took the then-unprecedented step of suing his impersonators and Twitter over the incident. …