First Amendment Commons^™

Thoughts On Commercial Speech: A Roundtable Discussion, Ronald K.L. Collins, Steven H. Shiffrin, Erwin Chemerinsky, Kathleen M. Sullivan

Cornell Law Faculty Publications

Adam Liptak, the legal affairs writer for The New York Times, moderates a lively discussion about commercial speech between three esteemed constitutional scholars: Professor Erwin Chemerinsky of Duke University School of Law; Professor Kathleen Sullivan of Stanford Law School; and Professor Steve Shiffrin of Cornell Law School. These scholars debate the proper definition of defining commercial speech, how the corporate identity of a speaker and the content of the speech determines the level of First Amendment protection, whether it is possible to demarcate commercial speech from political speech, and the problems of paternalism and viewpoint discrimination in this complex and …

Religious Exemptions And The Common Good: A Reply To Professor Carmella, Laura S. Underkuffler

Cornell Law Faculty Publications

No abstract provided.

"Prologue To A Farce?" A Historical Perspective On The Aipac Case And The Applicability Of The Espionage Act To Journalists, Peter Shapiro

Cardozo Public Law, Policy & Ethics Journal

The note argues that the expansion of the Espionage Act of 1917 to prosecute private citizens, as seen in the AIPAC case, poses a significant threat to press freedom and democratic governance. This shift marks a dangerous precedent, as it potentially criminalizes activities protected by the First Amendment, such as journalism, and undermines the balance between national security and the public's right to know.

The First Amendment As/And Harassment, Timothy Zick

Popular Media

No abstract provided.

Second Class Citizen Soldiers: A Proposal For Greater First Amendment Protections For America's Military Personnel, Emily Reuter

William & Mary Bill of Rights Journal

No abstract provided.

A Helping Hand: Addressing New Implications Of The Espionage Act On Freedom Of The Press, Laura Barandes

Cardozo Law Review

No abstract provided.

War And The Politics Of Free Speech, Timothy Zick

Popular Media

No abstract provided.

Student Tasered At Kerry Forum, Timothy Zick

Popular Media

No abstract provided.

Political Advocacy And Taxable Entities: Are They The Next Loophole, Donald B. Tobin

First Amendment Law Review

No abstract provided.

Wanted: A Bright-Line Test Defining Prohibited Intervention In Elections By 501(C)(3) Organizations, Kay Guinane

First Amendment Law Review

No abstract provided.

Distinguishing Government Suppression Of Speech From Government Support Of Speech, Arnold H. Loewry

First Amendment Law Review

No abstract provided.

Gasping Smoke: Enforcing The Ban On Political Activity By Charities, Lloyd Hitoshi Mayer

First Amendment Law Review

No abstract provided.

Campaign Speech And Contextual Analysis, Miriam Galston

First Amendment Law Review

No abstract provided.

Preserving Judicial Independence: Judicial Elections As The Antidote To Judicial Activism, James Jr. Bopp

First Amendment Law Review

No abstract provided.

Reconciling The Irreconcilable: Military Chaplains And The First Amendment, Steven K. Green

West Virginia Law Review

No abstract provided.

Public School Students' Religious Speech And Viewpoint Discrimination, Kristi L. Bowman

West Virginia Law Review

No abstract provided.

Why Student Religious Speech Is Speech, John E. Taylor

West Virginia Law Review

No abstract provided.

The Establishment Clause And Religious Expression In Government Settings: Four Variables In Search Of A Standard, Daniel O. Conkle

West Virginia Law Review

No abstract provided.

Establishment Clause Limits On Free Exercise Accommodations, Kent Greenawalt

West Virginia Law Review

No abstract provided.

When Accommodations For Religion Violoate The Establishment Clause: Regularizing The Supreme Court's Analysis, Carl H. Esbeck

West Virginia Law Review

No abstract provided.

Religious Exemptions And The Common Good: A Reply To Professor Carmella, Laura S. Underkuffler

West Virginia Law Review

No abstract provided.

Responsible Freedom Under The Religion Clauses: Exemptions, Legal Pluralism, And The Common Good, Angela C. Carmella

West Virginia Law Review

No abstract provided.

Contents, First Amendment Law Review

First Amendment Law Review

No abstract provided.

Uncivil Religion: Judeo-Christianity And The Ten Commandments, Frederick Mark Gedicks, Roger Hendrix

West Virginia Law Review

No abstract provided.

"Sectarianizing" Civil Religion? A Comment On Gedicks And Hendrix, Steven D. Smith

West Virginia Law Review

No abstract provided.

Balancing Freedom Of Speech With The Right To Privacy: How To Legally Cope With The Funeral Protest Problem , Anna Zwierz Messar

Pace Law Review

No abstract provided.

Human Rights In China And The Rule Of Law, Xu Wenli

University of Richmond Law Review

No abstract provided.

Second Draft Of The Public's Right To Fair Use - 2007, Wendy J. Gordon

Scholarship Chronologically

Under provocative titles like "fared use" and "the end of friction," commentators argue about whether or not the doctrine of "fair use" should exist in a world of instantaneous transactions. As collecting societies like the Copyright Clearance Center become more powerful, and technologies like the internet have made it possible to purchase digital copies by clicking a mouse, the suggestion is sometimes made that fair use could or should disappear. Courts like the Second and Sixth Circuits have flirted with foreclosing fair use if a licensing market is present or possible. The presence of 'traditional, reasonable, or likely to be …

Draft Of The Public's Right To Fair Use - 2007, Wendy J. Gordon

Scholarship Chronologically

Under provocative titles like "fared use" and "the end of friction," commentators argue about whether or not the doctrine of "fair use" should exist in a world of instantaneous transactions. As collecting societies like the Copyright Clearance Center become more powerful, and technologies like the internet have made it possible to purchase digital copies by clicking a mouse, the suggestion is sometimes made that fair use could or should disappear. Courts like the Second and Sixth Circuits have flirted with foreclosing fair use if a licensing market is present or possible. The presence of 'traditional, reasonable, or likely to be …

New York Board Of Elections V. Torres: Brief Of Amici Curiae Law Professors Guy-Uriel E. Charles, Erwin Chemerinsky, Kareem Crayton, Steven P. Croley, Heather K. Gerken, Michael Kang, Ellen D. Katz, Ethan J. Leib, Michael Pitts, And Daniel P. Tokaji In Support Of Respondents, Ellen D. Katz

Appellate Briefs

The law professors named below teach and write about elections, voting rights, political parties, and electoral competition. Both basic and advanced law courses on voting and elections, as well as a wide range of scholarship on these subjects, regularly considers state authority to regulate conduct by political parties, candidates for office, and individual voters. Amici are among the many scholars who write and teach about the issues before the Court in this case.

Based on this expertise, and on careful review of this Court's decisions, amici argue in this brief that the nominating process the State of New York employs …