Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (3434)
- Religion Law (1016)
- Supreme Court of the United States (955)
- Civil Rights and Discrimination (805)
- Communications Law (800)
-
- Internet Law (736)
- Education Law (651)
- Law and Society (625)
- Intellectual Property Law (601)
- Law and Politics (559)
- Courts (540)
- Entertainment, Arts, and Sports Law (528)
- Privacy Law (508)
- Legislation (504)
- Criminal Law (497)
- Science and Technology Law (489)
- Fourteenth Amendment (487)
- State and Local Government Law (484)
- Jurisprudence (482)
- Labor and Employment Law (456)
- Law and Gender (413)
- Torts (394)
- Legal History (393)
- Administrative Law (371)
- Election Law (371)
- Human Rights Law (371)
- Computer Law (362)
- Criminal Procedure (355)
- Institution
-
- William & Mary Law School (553)
- University of Michigan Law School (422)
- Yeshiva University, Cardozo School of Law (389)
- Maurer School of Law: Indiana University (262)
- Seattle University School of Law (249)
-
- Touro University Jacob D. Fuchsberg Law Center (242)
- University of North Carolina School of Law (242)
- Brigham Young University Law School (223)
- Notre Dame Law School (209)
- Pepperdine University (203)
- Vanderbilt University Law School (194)
- The Catholic University of America, Columbus School of Law (177)
- University of Colorado Law School (160)
- Villanova University Charles Widger School of Law (153)
- Washington and Lee University School of Law (152)
- St. John's University School of Law (150)
- Cleveland State University (149)
- UIC School of Law (145)
- University of Georgia School of Law (144)
- University of Miami Law School (134)
- Brooklyn Law School (129)
- Fordham Law School (120)
- University of Richmond (119)
- Columbia Law School (113)
- New York Law School (111)
- Roger Williams University (101)
- University of Oklahoma College of Law (98)
- University of Maryland Francis King Carey School of Law (96)
- University of Washington School of Law (95)
- West Virginia University (95)
- Keyword
-
- First Amendment (1729)
- Freedom of speech (601)
- First amendment (562)
- Free speech (521)
- United States Constitution 1st Amendment (334)
-
- Freedom of Speech (298)
- Supreme Court (263)
- Constitutional law (255)
- Establishment Clause (214)
- Constitutional Law (206)
- Religion (206)
- Constitution (165)
- Free Speech (160)
- Privacy (160)
- United States Supreme Court (156)
- Speech (149)
- Censorship (141)
- Freedom of the press (138)
- Internet (130)
- Establishment clause (126)
- Social media (123)
- Defamation (121)
- Obscenity (118)
- Freedom of religion (112)
- Freedom of expression (110)
- Commercial speech (103)
- Religious freedom (102)
- Discrimination (98)
- Free Exercise Clause (98)
- Law (88)
- Publication Year
- Publication
-
- Faculty Scholarship (377)
- Michigan Law Review (265)
- Faculty Publications (239)
- First Amendment Law Review (238)
- Seattle University Law Review (220)
-
- Touro Law Review (202)
- William & Mary Bill of Rights Journal (193)
- Pepperdine Law Review (167)
- Articles (166)
- BYU Law Review (147)
- Publications (129)
- Scholarly Works (128)
- Journal Articles (125)
- Vanderbilt Law Review (124)
- Cardozo Law Review (123)
- William & Mary Law Review (122)
- Cardozo Arts & Entertainment Law Journal (120)
- Scholarly Articles (107)
- Villanova Law Review (1956 - ) (98)
- Popular Media (97)
- UIC Law Review (94)
- Indiana Law Journal (93)
- West Virginia Law Review (92)
- Federal Communications Law Journal (89)
- Catholic University Journal of Law and Technology (82)
- Cleveland State Law Review (82)
- Akron Law Review (81)
- The Catholic Lawyer (75)
- Kentucky Law Journal (74)
- All Faculty Scholarship (72)
- Publication Type
- File Type
Articles 4951 - 4980 of 7929
Full-Text Articles in First Amendment
The Lactating Angel Or Activist? Public Breatsfeeding As Symbolic Speech, Elizabeth Hildebrand Matherne
The Lactating Angel Or Activist? Public Breatsfeeding As Symbolic Speech, Elizabeth Hildebrand Matherne
Michigan Journal of Gender & Law
The only way to combat this stigma against public breastfeeding is through the act of breastfeeding in public. The author proposes that breastfeeding is a powerful act of symbolic speech vital for discarding one of the lingering shackles of women's inequality that triggers first amendment protection. Breastfeeding in public addresses this stigma by treating two ills at once: 1) greater public exposure to the practice decreases the severity of society's reactions, and 2) the less stares and confrontation that publicly nursing mothers receive, the more likely they will be to breastfeed, whenever or wherever their baby is hungry. This will …
Reflections On The Mirror Image Doctrine: Should The Federal Trade Commission Regulate False Advertising For Books Promising Wealth, Weight Loss, And Miraculous Cures?, Keith R. Fentonmiller
Reflections On The Mirror Image Doctrine: Should The Federal Trade Commission Regulate False Advertising For Books Promising Wealth, Weight Loss, And Miraculous Cures?, Keith R. Fentonmiller
West Virginia Law Review
No abstract provided.
Balancing Public School Students' First Amendment Freedoms With The Blackboard Jungle: Are Students In Danger Of Becoming Another Brick In The Wall After Hazelwood?, Daniel Lattanzi
West Virginia Law Review
No abstract provided.
Where's The Harm?: Free Speech And The Regulation Of Lies, Lyrissa Lidsky
Where's The Harm?: Free Speech And The Regulation Of Lies, Lyrissa Lidsky
Faculty Publications
The United States Supreme Court has interpreted the First Amendment to accord a measure of protection to outright lies. This essay seeks to explain why. Using Holocaust denial as an example of verifiably false speech, this essay poses the question of whether such speech poses a more serious danger than First Amendment jurisprudence traditionally has acknowledged. This essay also probes the unintended consequences of governmental attempts to impose criminal punishment on lies.
Student Speech: The Enduring Greatness Of Tinker, Jamin B. Raskin
Student Speech: The Enduring Greatness Of Tinker, Jamin B. Raskin
Scholarly Articles in Law Reviews & Journals
The Supreme Court's decision in Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969), did for the ideal of freedom in America's public schools what Brown v. Board of Education, 347 U.S. 483 (1954), did for the ideal of equality. It made a core value of the Bill of Rights spring to life for young people facing unjust policies and authoritarian treatment at the hands of adult officials in local school systems. In his remarkable opinion for the majority, Justice Abe Fortas upheld thirteen-year-old Mary Beth Tinker's First Amendment right to wear a black antiwar armband to …
A Time To Mourn: Balancing The Right Of Free Speech Against The Right Of Privacy In Funeral Picketing, Njeri Mathis Rutledge
A Time To Mourn: Balancing The Right Of Free Speech Against The Right Of Privacy In Funeral Picketing, Njeri Mathis Rutledge
Maryland Law Review
No abstract provided.
Garcetti V. Ceballos: Misconstruing Precedent To Curtail Government Employees’ First Amendment Rights, Matthew R. Schroll
Garcetti V. Ceballos: Misconstruing Precedent To Curtail Government Employees’ First Amendment Rights, Matthew R. Schroll
Maryland Law Review
No abstract provided.
Taking Safety Seriously: Using Liberalism To Fight Pornography, John M. Kang
Taking Safety Seriously: Using Liberalism To Fight Pornography, John M. Kang
Michigan Journal of Gender & Law
Liberalism, as a jurisprudential principle, need not be pornography's indifferent observer or spineless sycophant; liberalism can be used to fight pornography. In this Article, the author proposes to illuminate what appears to be the most essential aspect of liberalism in its inviolable dedication to peace and safety. By drawing upon the work of the early liberals, the author argues that liberalism's most basic ethos is conceptually incompatible with pornography, as the latter celebrates an unjustified form of violence as its own end.
The Problem Of Religious Learning, Marc O. Degirolami
The Problem Of Religious Learning, Marc O. Degirolami
Scholarly Articles
The problem of religious learning is that religion-including the teaching about religion-must be separated from liberal public education, but that the two cannot be entirely separated if the aims of liberal public education are to be realized. It is a problem that has gone largely unexamined by courts, constitutional scholars, and other legal theorists. Though the U.S. Supreme Court has offered a few terse statements about the permissibility of teaching about religion in its Establishment Clause jurisprudence, and scholars frequently urge policies for or against such controversial subjects as Intelligent Design or graduation prayers, insuffi- cient attention has been paid …
Silence At The Schoolhouse Gate: The Diminishing First Amendment Rights Of Public School Employees, Neal H. Hutchens
Silence At The Schoolhouse Gate: The Diminishing First Amendment Rights Of Public School Employees, Neal H. Hutchens
Kentucky Law Journal
No abstract provided.
Avalanche Or Undue Alarm? An Empirical Study Of Subpoenas Received By The News Media, Ronnell Anderson Jones
Avalanche Or Undue Alarm? An Empirical Study Of Subpoenas Received By The News Media, Ronnell Anderson Jones
Utah Law Faculty Scholarship
For more than 30 years, proponents and opponents of a federal reporter's shield law have debated the necessity of a privilege for members of the news media and have disagreed sharply about the frequency with which subpoenas are issued to the press. Most recently, in the wake of several high-profile contempt cases, proponents have pointed to a perceived "avalanche" of subpoenas, while opponents have contended that the receipt of subpoenas by reporters remains very rare. This article summarizes the results of an empirical study on the question. The study gathered data on subpoenas received by daily newspapers and network-affiliated television …
Do Churches Matter - Towards An Institutional Understanding Of The Religion Clauses, Richard W. Garnett
Do Churches Matter - Towards An Institutional Understanding Of The Religion Clauses, Richard W. Garnett
Villanova Law Review (1956 - )
No abstract provided.
Why Monuments Are Government Speech: The Hard Case Of Pleasant Grove City V. Summun, 58 Cath. U. L. Rev. 7 (2008), Mary Jean Dolan
Why Monuments Are Government Speech: The Hard Case Of Pleasant Grove City V. Summun, 58 Cath. U. L. Rev. 7 (2008), Mary Jean Dolan
UIC Law Open Access Faculty Scholarship
No abstract provided.
Mixed Speech: When Speech Is Both Private And Governmental, Caroline Mala Corbin
Mixed Speech: When Speech Is Both Private And Governmental, Caroline Mala Corbin
Articles
Speech is generally considered to be either private or governmental, and this dichotomy is embedded in First Amendment jurisprudence. However, speech is often neither purely private nor purely governmental but rather a combination of the two. Nonetheless, the Supreme Court has not yet recognized mixed speech as a distinct category of speech. This Article suggests considerations for identifying mixed speech and exposes the shortcomings of the current approach of classifying all speech as either private or governmental when determining whether viewpoint restrictions pass First Amendment muster. Treating mixed speech as government speech gives short shrift to the free speech interests …
Freedom Of The Press 2.0, Edward Lee
Freedom Of The Press 2.0, Edward Lee
Georgia Law Review
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 increasingly have invoked copyright law to regulate directly-even to prohibit-the manufacture and sale of technology that facilitates 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 technologies raises troubling questions. Can the government, consistent with the First Amendment, use copyright law to regulate technologies that facilitate the dissemination of speech? If so, are there any …
Do Not Feed The Homeless: One Of The Meanest Cities For The Homeless Unconstitutionally Punishes The So-Called "Enablers", D. Matthew Lay
Do Not Feed The Homeless: One Of The Meanest Cities For The Homeless Unconstitutionally Punishes The So-Called "Enablers", D. Matthew Lay
Nevada Law Journal
No abstract provided.
An Immoral Fight: Shielding Moral Rights With First Amendment Jurisprudence When Fair Use Battles With Actual Malice, 8 J. Marshall Rev. Intell. Prop. L. 190 (2008), Mark A. Petrolis
UIC Review of Intellectual Property Law
Moral rights give an artist personal rights to her work. Because an artist puts her personality, spirit, and soul into the creation of her work, her honor and reputation may be harmed if her works are mistreated. In 1990, the Visual Artists Rights Act incorporated moral rights into U.S. copyright law. However, fair use became an absolute defense to moral rights violations. This comment proposes that fair use should not be an absolute defense, and applies First Amendment jurisprudence developed from defamation law to both fair use and moral rights. Defamation shares similarities with both. Like moral rights, defamation law …
How To Avoid A "Holy War" -- Dealing With Potential Rluipa Claims, Alan C. Weinstein
How To Avoid A "Holy War" -- Dealing With Potential Rluipa Claims, Alan C. Weinstein
Law Faculty Articles and Essays
This article discusses how local government can seek to avoid a claim being brought against it under the Religious Land Use & Institutionalized Persons Act (RLUIPA). Thus, the focus is not on what steps a local government should take when a RLUIPA claim is brought - or threatened to be brought - against it, but focuses instead on what steps local governments should take to seek to avoid a RLUIPA claim in the first place. After reviewing both the changing context of religious observance in the United States, and RLUIPA decisions to date, the article concludes that we are clearly …
Defending The Public Domain—The First Amendment, The Copyright Power, And The Potential Of Golan V. Gonzales, J. Blake Pinard
Defending The Public Domain—The First Amendment, The Copyright Power, And The Potential Of Golan V. Gonzales, J. Blake Pinard
Oklahoma Law Review
No abstract provided.
Symbolic Speech: A Message From Mind To Mind, James M. Mcgoldrick Jr.
Symbolic Speech: A Message From Mind To Mind, James M. Mcgoldrick Jr.
Oklahoma Law Review
No abstract provided.
Roth At Fifty: Reconsidering The Common Law Antecedents Of American Obscenity Doctrine, 41 J. Marshall L. Rev. 393 (2008), James R. Alexander
Roth At Fifty: Reconsidering The Common Law Antecedents Of American Obscenity Doctrine, 41 J. Marshall L. Rev. 393 (2008), James R. Alexander
UIC Law Review
No abstract provided.
Employee Speech & Management Rights: A Counterintuitive Reading Of Garcetti V. Ceballos, Elizabeth Dale
Employee Speech & Management Rights: A Counterintuitive Reading Of Garcetti V. Ceballos, Elizabeth Dale
UF Law Faculty Publications
In the two years since the decision came down, courts and commentators generally have agreed that the Supreme Court's decision in Garcetti v. Ceballos sharply limited the First Amendment rights of public employees. In this Article, I argue that this widely shared interpretation overstates the case. The Court in Garcetti did not dramatically change the way it analyzed public employees' First Amendment rights. Instead, it restated the principles on which those claims rest, emphasizing management rights and the unconstitutional conditions doctrine. By making those two theories the centerpiece of the decision, the Court in Garcetti defined public employee speech rights …
Shifting Out Of Neutral: Intelligent Design And The Road To Nonpreferentialism, Kelly S. Terry
Shifting Out Of Neutral: Intelligent Design And The Road To Nonpreferentialism, Kelly S. Terry
Law Faculty Scholarship
No abstract provided.
The Four Eras Of Fcc Public Interest Regulation, Lili Levi
The Four Eras Of Fcc Public Interest Regulation, Lili Levi
Articles
No abstract provided.
Captive Audience Meetings And Forced Listening: Lessons For Canada From The American Experience, Sara Slinn
Captive Audience Meetings And Forced Listening: Lessons For Canada From The American Experience, Sara Slinn
Articles & Book Chapters
Widespread adoption of mandatory representation votes and express protection of employer speech invite employer anti-union campaigns during union organizing, including employer-held captive audience meetings. Therefore, the problem of whether and how to restrict employers’ captive audience communications during union organizing is of renewed relevance in Canada. Captive meetings are a long-standing feature of American labour relations. This article considers how treatment of captive meetings evolved in the U.S., including the notion of employee choice, the “marketplace of ideas” view of expression dominating the American debate, and the central role of the contest between constitutional and statutory rights. It also considers …
Reconsidering Gobitis: An Exercise In Presidential Leadership, Robert Tsai
Reconsidering Gobitis: An Exercise In Presidential Leadership, Robert Tsai
Scholarly Articles in Law Reviews & Journals
In June of 1940, the Supreme Court ruled 8-1 in Minersville School District v. Gobitis that the First Amendment posed no barrier to the punishment of two school age Jehovah's Witnesses who refused to pay homage to the American flag. Three years later, the Justices reversed themselves in West Virginia State Board of Education v. Barnette. This sudden change has prompted a host of explanations. Some observers have stressed changes in judicial personnel in the intervening years; others have pointed to the wax and wane of general anxieties over the war; still others have emphasized the sympathy-inspiring acts of …
Grounding Cyberspeech: Public Schools' Authority To Discipline Students For Internet Activity, Sarah O. Cronan
Grounding Cyberspeech: Public Schools' Authority To Discipline Students For Internet Activity, Sarah O. Cronan
Kentucky Law Journal
No abstract provided.
Opinionated Software, Meiring De Villiers
Opinionated Software, Meiring De Villiers
Vanderbilt Journal of Entertainment & Technology Law
Information security is an important and urgent priority in the computer systems of corporations, governments, and private users. Malevolent software, such as computer viruses and worms, constantly threatens the confidentiality, integrity, and availability of digital information. Virus detection software announces the presence of a virus in a program by issuing a virus alert. A virus alert presents two conflicting legal issues. A virus alert, as a statement on an issue of great public concern, merits protection under the First Amendment. The reputational interest of a plaintiff disparaged by a virus alert, on the other hand, merits protection under the law …
No Law Respecting The Practice Of Religion, Leslie C. Griffin
No Law Respecting The Practice Of Religion, Leslie C. Griffin
Scholarly Works
No abstract provided.
Rumsfeld V. Forum For Academic And Institutional Rights, Inc.:By Allowing Military Recruiters On Campus, Are Law Schoolsadvocating "Don't Ask, Don't Tell"?, Braxton Williams
Rumsfeld V. Forum For Academic And Institutional Rights, Inc.:By Allowing Military Recruiters On Campus, Are Law Schoolsadvocating "Don't Ask, Don't Tell"?, Braxton Williams
Richmond Public Interest Law Review
The freedom of speech protected by the First Amendment encompasses more than mere spoken words; it also protects conduct that has an expressive quality, such as flag burning.' In the important case of United States v. O'Brien, the United States Supreme Court appeared to narrow these sorts of protections in cases where there is a sufficient government interest in prosecuting actions, such as burning draft cards, and when such acts are noncommunicative. After the Supreme Court's recent holding in Rumsfeld v. Forum for Academic and Institutional Rights, Inc., the O'Brien holding's limitation on First Amendment protection for expressive conduct appears …