First Amendment Commons^™

Tinker And Viewpoint Discrimination, John E. Taylor

Law Faculty Scholarship

No abstract provided.

The Egalitarian First Amendment: Its History And A Critique On The Grounds Of Text, Rights, Negative Liberty, And Our Republican Constitutional Structure, Zachary C. Larsen

North Carolina Central Law Review

No abstract provided.

A New Battleground For Free Speech: The Impact Of Snyder V. Phelps, Jason M. Dorsky

The University of New Hampshire Law Review

[Excerpt] “On September 25, 1789, the First Congress of the United States put forth a set of constitutional amendments, ten of which would later become the Bill of Rights. The first of these amendments states, ―Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech . . . . In subsequent caselaw, the U.S. Supreme Court has applied this prohibition to the federal government, as well as state governments through the Fourteenth Amendment. Although this appears to be a simple standard to follow, history has proven otherwise, and …

Establishing Inequality, Gene R. Nichol

Michigan Law Review

Part I outlines Nussbaum's thesis and her similarly interesting, if perhaps not always completely consistent, applications of it. Part II touches on some challenges and potential shortcomings her theory presents-for clearly there are such. But, in Part III, I argue that her wide-ranging study of the work of the religion clauses nonetheless touches something residing at the core of American citizenship. No bosses. No masters. No insiders. None outcast. Finally, and far more idiosyncratically, in Part IV I explore and expand on Nussbaum's thesis in light of a modestly serious and rather public dispute over religious equality that occurred at …

Religion In The Workplace: A Report On The Layers Of Relevant Law In The United States, William W. Van Alstyne

Faculty Publications

No abstract provided.

The Public's Domain In Trademark Law: A First Amendment Theory Of The Consumer, Laura A. Heymann

Faculty Publications

No abstract provided.

The Life Of The Mind And A Life Of Meaning: Reflections On Fahrenheit 451, Rodney A. Smolla

Michigan Law Review

Fahrenheit 451 still speaks to us, vibrantly and passionately, still haunts and vexes and disturbs. The novel has sold millions of copies, was reset for a fiftieth anniversary printing, and continues to be assigned reading in middle school, high school, and college courses. That power to endure is well worth contemplation, both for what it says about Ray Bradbury's literary imagination, and, more powerfully, for what it teaches us about our recent past, our present, and our own imagined future. First Amendment jurisprudence has taken giant leaps since Fahrenheit 451 was written, and American society has managed to avoid the …

Rationing The Infinite, Leonard M. Niehoff

Michigan Law Review

This Review raises a number of objections to Baker's arguments and proposals. Furthermore, this Review raises the fundamental question of whether Baker's central operating assumption-that media is a scarce resource that should be fairly distributed-remains timely in light of the far-reaching and fast-paced changes wrought by the internet. Nevertheless, this Review also recognizes that, as with Baker's prior works, Media Concentration and Democracy makes a serious contribution to the discussion of the political, social, and economic dynamics that challenge the existence of a strong and independent media. Media Concentration and Democracy does a better job of raising questions than of …

The Mother's Milk Of Politics Is Corrupting Absolutely, Dan Walker

NULR Online

No abstract provided.

Student Speech In Public Schools: A Comprehensive Analytical Framework Based On The Role Of Public Schools In Democratic Education, Curtis G. Bentley

Brigham Young University Education and Law Journal

No abstract provided.

Contents, First Amendment Law Review

First Amendment Law Review

No abstract provided.

Punishing Public School Students For Bashing Principals, Teachers & Classmates In Cyberspace: The Speech Issue The Supreme Court Must Now Resolve, Clay Calvert

First Amendment Law Review

No abstract provided.

This Court Took A Wrong Turn With Bates: Why The Supreme Court Should Revisit Lawyer Advertising, Ralph H. Brock

First Amendment Law Review

No abstract provided.

Drawing The Line: Buckley'S Impact On The Intersection Of Contributions And The First Amendment, Stefanie Dresdner Lincoln

First Amendment Law Review

No abstract provided.

Cybersmears And John Doe: How Far Should First Amendment Protection Of Anonymous Interest Speakers Extend, Jonthan D. Jones

First Amendment Law Review

No abstract provided.

Exorcising Our Free Exercise Jurisprudence: A New Interpretation Of Free Exercise In Pleasant Glade Assembly Of God V. Schubert, Thomas Clark

First Amendment Law Review

No abstract provided.

Divided We Fall: Religion, Politics, And The Lemon Entaglements Prong, Stephen M. Feldman

First Amendment Law Review

No abstract provided.

Propagating A Lemon: How The Supreme Court Establishes Religion In The Name Of Neutrality, Anita Y. Woundenberg

First Amendment Law Review

No abstract provided.

Bring Your Dogma To Work Day: The Workplace Religious Freedom Act Of 2007 And The Public Workplace, Gretchen S. Futrell

First Amendment Law Review

No abstract provided.

Making Sense Of High School Speech After Morse V. Frederick, Mark W. Cordes

William & Mary Bill of Rights Journal

No abstract provided.

Theology In Public Reason And Legal Discourse: A Case For The Preferential Option For The Poor, Russell Powell

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Beyond Content Neutrality: Understanding Content-Based Promotion Of Democratic Speech, Marvin Ammori

Federal Communications Law Journal

Scholars and judges generally assume that the cornerstone of free speech doctrine is the distinction between content-based and content-neutral laws. Despite its wide acceptance, the distinction lacks any precedential or normative basis, unless it also accounts for another equally important distinction. The scholars' conventional view of content-analysis overlooks the difference between the government banning a book or recommending it. Content-based laws that suppress specific content, like banning a television show, should be problematic, but content-based laws that promote specific content, such as promoting educational and political shows, should not be.

Precedent and the First Amendment's underlying normative concerns both require …

Unpleasant Speech On Campus, Even Hate Speech, Is A First Amendment Issue, Erwin Chemerinsky

William & Mary Bill of Rights Journal

No abstract provided.

Separationism To The Extreme: The Mt. Soledad Cross And The Ninth Circuit's Crusade To Burden The Free Exercise Clause, Cameron M. Rountree

William & Mary Bill of Rights Journal

No abstract provided.

Screening Out Cyberbullies: Remedies For Victims On The Internet Playground, Shira Auerbach

Cardozo Law Review

No abstract provided.

When Freedom Is Not Free: Investigating The First Amendment's Potential For Providing Protection Against Sexual Profiling In The Public Workplace, Michele Alexandre

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

This article explores the ways in which bodily expression can constitute symbolic speech that courts should protect pursuant to the First Amendment of the Constitution. In a previous article, I referred to this type of bodily speech as "body protest."' Body protest can refer to actions that individuals undertake to assert their autonomy, identity, and freedom from societal restrictions. For women, body protest may be used "to challenge gender restrictions and to activate women-centric legal reforms."2 For example, women may express body protest through dance, dress, or performance arts. These individuals are often sexually profiled because of how they use …

Freedom Of The Press 2.0, Edward Lee

All Faculty Scholarship

In today's digital age, copyright law is changing. It now attempts to regulate machines. Over the past twenty years, and particularly with the advent of the Internet, copyright holders have increasingly invoked copyright law to regulate directly - indeed, even to prohibit - the manufacture and sale of technology that facilitates the mass dissemination of expressive works. Although the concerns of copyright holders about the ease of digital copying are understandable, the expansion of copyright law to regulate - and, in some cases, to prohibit - technologies raises a troubling question. Can the government regulate under copyright law technologies that …

Words "Which By Their Very Utterance Inflict Injury": Evolving Treatment Of Inherently Dangerous Speech In Free Speech Law And Theory, Rodney A. Smolla

Scholarly Articles

Not available.

Strings Attached: An Analysis Of The Eruv Under The Religion Clauses Of The First Amendment And The Religious Land Use And Institutionalized Persons Act, Alexandra Lang Susman

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Wide Right: Why The Ncaa’S Policy On The American Indian Mascot Issue Misses The Mark, Andre Douglas Pond Cummings, Seth E. Harper

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.