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Articles 4711 - 4740 of 7928

Full-Text Articles in First Amendment

Understanding The Lobbying Efforts Of A Church: How Far Is Too Far?, Chase Manderino Nov 2009

Understanding The Lobbying Efforts Of A Church: How Far Is Too Far?, Chase Manderino

BYU Law Review

No abstract provided.


The Law And Economics Virus, Spencer Weber Waller Nov 2009

The Law And Economics Virus, Spencer Weber Waller

Cardozo Law Review

No abstract provided.


Hoisting Originality, Joseph Scott Miller Nov 2009

Hoisting Originality, Joseph Scott Miller

Cardozo Law Review

No abstract provided.


Disclosure Of Juror Identities To The Press: Who Will Speak For The Jurors?, Kenneth J. Melilli Oct 2009

Disclosure Of Juror Identities To The Press: Who Will Speak For The Jurors?, Kenneth J. Melilli

Cardozo Public Law, Policy & Ethics Journal

The article argues that courts misapply the First Amendment right of access by disclosing juror identities, which can lead to harassment. It advocates for concealing juror information to protect them, similar to how soldiers are protected after service. The solution proposed is to respect jurors' preferences regarding disclosure.


Must God Be Dead Or Irrelevant: Drawing A Circle That Lets Me In, Richard M. Esenberg Oct 2009

Must God Be Dead Or Irrelevant: Drawing A Circle That Lets Me In, Richard M. Esenberg

William & Mary Bill of Rights Journal

Some scholars claim that current Establishment Clause doctrine can increasingly be explained in terms of substantive neutrality-that is, the idea that government ought to treat religion and irreligion (or comparable secular activities) in the same way. Whether a product of the Court's commitment to the idea or an artifact of the positions of the "swing" Justices, this proposition has considerable explanatory power. The Supreme Court has, in recent years, permitted the government to make financial support equally available for religious uses, as long as it is done on a neutral basis and through the private choice of the recipients. It …


Safeguarding The Integrity Of Tribal Elections Through Campaign Finance Regulation, Paul W. Shagen Oct 2009

Safeguarding The Integrity Of Tribal Elections Through Campaign Finance Regulation, Paul W. Shagen

Cardozo Public Law, Policy & Ethics Journal

The article argues that Indian tribes must enact comprehensive campaign finance regulations to protect the integrity of their electoral processes, balancing the need to prevent corruption with First Amendment rights. These regulations must navigate the restrictive framework set by the Montana ruling, which limits tribal authority over nonmembers, while leveraging tribal sovereignty and cultural values to uphold self-governance. The analysis emphasizes the importance of aligning such regulations with both the Buckley framework and tribal constitutions to ensure enforceability and respect for collective interests.


Qualified Immunity And The Trials And Tribulations Of Online Student Speech: A Review Of Cases And Controversies From 2009, Clay Calvert Sep 2009

Qualified Immunity And The Trials And Tribulations Of Online Student Speech: A Review Of Cases And Controversies From 2009, Clay Calvert

First Amendment Law Review

No abstract provided.


Sex, Lies, And The Internet: Balancing First Amendment Interests, Reputational Harm, And Privacy In The Age Of Blogs And Social Networking Sites, Robert D. Richards Sep 2009

Sex, Lies, And The Internet: Balancing First Amendment Interests, Reputational Harm, And Privacy In The Age Of Blogs And Social Networking Sites, Robert D. Richards

First Amendment Law Review

No abstract provided.


The New New Secularism And The End Of The Law Of Separation Of Church And State, Bruce Ledewitz Sep 2009

The New New Secularism And The End Of The Law Of Separation Of Church And State, Bruce Ledewitz

Buffalo Public Interest Law Journal

No abstract provided.


Contents, First Amendment Law Review Sep 2009

Contents, First Amendment Law Review

First Amendment Law Review

No abstract provided.


Kiddie Crime - The Utility Of Criminal Law In Controlling Cyberbullying, Susan W. Brenner, Megan Rehberg Sep 2009

Kiddie Crime - The Utility Of Criminal Law In Controlling Cyberbullying, Susan W. Brenner, Megan Rehberg

First Amendment Law Review

No abstract provided.


By Any Means Necessary - The Fcc's Implementation Of Net Neutrality, Dawn C. Nunziato Sep 2009

By Any Means Necessary - The Fcc's Implementation Of Net Neutrality, Dawn C. Nunziato

First Amendment Law Review

No abstract provided.


Revisiting User Control: The Emergence And Success Of A First Amendment Theory For The Internet Age, John B. Morris Jr., Cynthia M. Wong Sep 2009

Revisiting User Control: The Emergence And Success Of A First Amendment Theory For The Internet Age, John B. Morris Jr., Cynthia M. Wong

First Amendment Law Review

No abstract provided.


Speech Regulation: Why An Injunction Should Be Permissible Under Workplace Discrimination But Is Problematic Under Defamation, Sarah Shyr Sep 2009

Speech Regulation: Why An Injunction Should Be Permissible Under Workplace Discrimination But Is Problematic Under Defamation, Sarah Shyr

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


A Teacher's Right To Remain Silent: Reasonable Accommodation Of Negative Speech Rights In The Classroom , Matthew Baker Sep 2009

A Teacher's Right To Remain Silent: Reasonable Accommodation Of Negative Speech Rights In The Classroom , Matthew Baker

BYU Law Review

No abstract provided.


Media Subpoenas: Impact, Perception, And Legal Protection In The Changing World Of American Journalism, Ronnell Andersen Jones Aug 2009

Media Subpoenas: Impact, Perception, And Legal Protection In The Changing World Of American Journalism, Ronnell Andersen Jones

Washington Law Review

Forty years ago, at a time when the media were experiencing enormous professional change and a surge of subpoena activity, First Amendment scholar Vincent Blasi investigated the perceptions of members of the press and the impact of subpoenas within American newsrooms in a study that quickly came to be regarded as a watershed in media law. That empirical information is now a full generation old, and American journalism faces a new critical moment. The traditional press once again finds itself facing a surge of subpoenas and once again finds itself at a time of intense change—albeit on a different trajectory—as …


Introduction: The Paradox Of Informed Participation: What Universities Can Do For Freedom Of Information, Peter Molnar Jul 2009

Introduction: The Paradox Of Informed Participation: What Universities Can Do For Freedom Of Information, Peter Molnar

Cardozo Public Law, Policy & Ethics Journal

The article argues that freedom of information (FOI) is a cornerstone of democratic societies, yet significant challenges persist in accessing information despite expanding legal frameworks. It emphasizes the importance of recognizing FOI as a fundamental human right and highlights the role of universities in promoting transparency and awareness through education and practical initiatives. The article also explores the "paradox of informed participation," where public engagement requires information that the public often lacks, and advocates for proactive measures to address this issue.


Regulating Hate And Racial Speech In Israel, Raphael Cohen-Almagor Jul 2009

Regulating Hate And Racial Speech In Israel, Raphael Cohen-Almagor

Cardozo Journal of International and Comparative Law

The article explores the tension between regulating hate speech and protecting free expression in Israel, advocating for a balanced approach that allows legal intervention only when there is a clear and imminent threat of harm. It proposes a cautious use of legal measures, emphasizing education and counter-speech as preferred responses, while ensuring consistent regulation across all media platforms, including the internet.


What Can Be Done Against Cyber Hate? Freedom Of Speech Versus Hate Speech In The Council Of Europe, Isabelle Rorive Jul 2009

What Can Be Done Against Cyber Hate? Freedom Of Speech Versus Hate Speech In The Council Of Europe, Isabelle Rorive

Cardozo Journal of International and Comparative Law

The article examines the tension between freedom of speech and the regulation of hate speech on the internet, focusing on the challenges posed by conflicting international laws and jurisdictional issues. It highlights the Council of Europe's efforts to address cyber hate through legal frameworks like the Cybercrime Convention and the Additional Protocol, while discussing the limitations of these measures. The co-regulatory model, combining government oversight with private sector accountability, is presented as a potential solution, though concerns about censorship and free speech remain.


Protecting Freedom Of Expression: The Challenge Of Hate Speech In The European Court Of Human Rights Case Law, Mario Oetheimer Jul 2009

Protecting Freedom Of Expression: The Challenge Of Hate Speech In The European Court Of Human Rights Case Law, Mario Oetheimer

Cardozo Journal of International and Comparative Law

The article examines the European Court of Human Rights' (ECHR) approach to balancing freedom of expression under Article 10 of the European Convention on Human Rights (ECHR) with the need to combat hate speech. The Court systematically excludes certain forms of hate speech from protection, particularly racist and Holocaust denial speech, under Article 17, while affording strong protection to expression that contributes to public debate. The analysis highlights the Court's case-by-case approach, reliance on context, and the distinction between hate speech and incitement to violence.


Buying Back Elections: Extending Supreme Court Speech Limitations To Eliminate Leadership Pacs, Justin Luehman Jul 2009

Buying Back Elections: Extending Supreme Court Speech Limitations To Eliminate Leadership Pacs, Justin Luehman

Cardozo Public Law, Policy & Ethics Journal

The article critiques the current campaign finance system, arguing that the Supreme Court's interpretation of money as speech under the First Amendment has enabled undue influence by wealthy donors and political action committees (PACs), particularly leadership PACs. The author advocates for treating money as property rather than speech to allow stricter regulations and prevent corruption. By extending the "one person, one vote" principle to campaign finance, the article proposes a system where political influence is not dictated by wealth, ensuring equal representation and transparency.


First Amendment, Second Fiddle? Free Speech In New Hampshire‘S Constitution, Adam Rick Jun 2009

First Amendment, Second Fiddle? Free Speech In New Hampshire‘S Constitution, Adam Rick

The University of New Hampshire Law Review

[Excerpt] “A car dealer in Concord, New Hampshire recently challenged the city zoning board‘s denial of its application to replace its existing readerboard (with manually changeable letters) with an electronic sign. The dealer argued that the city‘s zoning ordinance, prohibiting “[s]igns which move or create an illusion of movement except those parts which solely indicate date, time, or temperature,” constituted an unconstitutional restriction on free speech under the First Amendment. The trial court agreed, but the New Hampshire Supreme Court reversed, applying the Central Hudson test and finding that the ordinance reached no “broader than necessary to meet and advance …


Restraining False Light: Constitutional And Common Law Limits On A "Troublesome Tort", James B. Lake Jun 2009

Restraining False Light: Constitutional And Common Law Limits On A "Troublesome Tort", James B. Lake

Federal Communications Law Journal

The defamation tort is the common law's established remedy for false speech that causes reputational and emotional injury. That tort is subject to intricate constitutional, legislative, and common law rules that have evolved over decades. The false light invasion of privacy tort also provides a potential cause of action in response to injurious falsehood. False light, however, has been subject to much less judicial and legislative scrutiny than defamation. As a result, courts often are uncertain about the proper limits on false light and, in some cases, have countenanced false light claims that would have failed if filed as defamation …


Finding A Place For Embedded Advertising Without Eroding The First Amendment: An Analysis Of The Blurring Line Between Verisimilar Programming And Commercial Speech, Jacob J. Strain May 2009

Finding A Place For Embedded Advertising Without Eroding The First Amendment: An Analysis Of The Blurring Line Between Verisimilar Programming And Commercial Speech, Jacob J. Strain

Brigham Young University Journal of Public Law

No abstract provided.


Guns And Speech Technologies: How The Right To Bear Arms Affects Copyright Regulations Of Speech Technologies, Edward Lee May 2009

Guns And Speech Technologies: How The Right To Bear Arms Affects Copyright Regulations Of Speech Technologies, Edward Lee

William & Mary Bill of Rights Journal

This Article examines the possible effect the Supreme Court's landmark Second Amendment ruling in District of Columbia v. Heller will have on future cases brought under the Free Press Clause.' Based on the text and history of the Constitution, the connection between the two Clauses is undeniable, as the Heller Court itself repeatedly suggested. Only two provisions in the entire Constitution protect individual rights to a technology: the Second Amendment's right to bear "arms" and the Free Press Clause's right to the freedom of the "press," meaning the printing press. Both rights were viewed, moreover, as pre-existing, natural rights to …


Conditions On Taking The Initiative: The First Amendment Implications Of Subject Matter Restrictions On Ballot Initiatives, Anna Skiba-Crafts May 2009

Conditions On Taking The Initiative: The First Amendment Implications Of Subject Matter Restrictions On Ballot Initiatives, Anna Skiba-Crafts

Michigan Law Review

Nearly half of U.S. states offer a ballot initiative process that citizens may use to pass legislation or constitutional amendments by a popular vote. Some states, however, impose substantive restrictions on the types of initiatives citizens may submit to the ballot for a vote-precluding, for example, initiatives lowering drug penalties or initiatives related to religion. Circuit courts are split on whether and how such restrictions implicate the First Amendment. This Note argues that-rather than limiting "expressive conduct" protected only minimally by the First Amendment, or limiting pure conduct that does not garner any First Amendment protectionsubject matter restrictions on ballot …


Zero-Sum Judicial Elections: Balancing Free Speech And Impartiality Through Recusal Reform, David K. Stott May 2009

Zero-Sum Judicial Elections: Balancing Free Speech And Impartiality Through Recusal Reform, David K. Stott

BYU Law Review

No abstract provided.


Not Confused? Don't Be Troubled: Meeting The First Amendment Attack On Protection Of "Generic" Foreign Geographical Indications, Scott Danner May 2009

Not Confused? Don't Be Troubled: Meeting The First Amendment Attack On Protection Of "Generic" Foreign Geographical Indications, Scott Danner

Cardozo Law Review

No abstract provided.


Whither Newspapers? Wither Newspapers?, Eric Easton Apr 2009

Whither Newspapers? Wither Newspapers?, Eric Easton

All Faculty Scholarship

No abstract provided.


Free Speech & (And) Election Law: Freedom Of Speech Vs. Anti-Discrimination Laws, David Bernstein, Andrew Koppelman, Kenneth L. Marcus, Eugene Volokh Apr 2009

Free Speech & (And) Election Law: Freedom Of Speech Vs. Anti-Discrimination Laws, David Bernstein, Andrew Koppelman, Kenneth L. Marcus, Eugene Volokh

North Carolina Central Law Review

No abstract provided.