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Articles 5071 - 5100 of 7929

Full-Text Articles in First Amendment

Second Class For The Second Time: How The Commercial Speech Doctrine Stigmatizes Commercial Use Of Aggregated Public Records, Brian N. Larson, Genelle I. Belmas Jul 2007

Second Class For The Second Time: How The Commercial Speech Doctrine Stigmatizes Commercial Use Of Aggregated Public Records, Brian N. Larson, Genelle I. Belmas

Faculty Scholarship

This Article argues that access to aggregated electronic public records for commercial use should receive protection under the First Amendment in the same measure as the speech acts the access supports. In other words, we view commercial access to aggregated public records as an essential means to valuable speech. For many, however, the taint of the commercial speech doctrine is turning all “information flows” into commercial ones. This, in turn, is threatening the access to government records.

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A Soldier's Blog: Balancing Service Members' Personal Rights Vs. National Security Interests, Tatum H. Lytle Jun 2007

A Soldier's Blog: Balancing Service Members' Personal Rights Vs. National Security Interests, Tatum H. Lytle

Federal Communications Law Journal

This Note examines the competing interests between ensuring military personnel's freedom of speech while protecting national security interests. The Author recognizes the necessity of protecting national security interests but emphasizes that military personnel's rights to free speech must be protected as long as such speech poses no threat to military security. In conclusion, clearer protections must be implemented to protect military personnel's right to free speech.

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The Public Forum Doctrine And Public Housing Authorities: Can You Say That Here?, Martin J. Rooney May 2007

The Public Forum Doctrine And Public Housing Authorities: Can You Say That Here?, Martin J. Rooney

Brigham Young University Journal of Public Law

No abstract provided.

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Plainly Offensive Babel: An Analytical Framework For Regulating Plainly Offensive Speech In Public Schools, Jerry C. Chiang May 2007

Plainly Offensive Babel: An Analytical Framework For Regulating Plainly Offensive Speech In Public Schools, Jerry C. Chiang

Washington Law Review

The First Amendment to the United States Constitution guarantees the right to free speech. The guarantee is not absolute, however, and the U.S. Supreme Court has said that the First Amendment does not fully protect student speech in public schools. In Bethel School District v. Fraser, the Court held that schools could regulate "plainly offensive" speech. Circuit courts have interpreted and applied Fraser in an inconsistent manner, disagreeing as to what constitutes plainly offensive speech. The resulting case law is confusing and fails to provide lower courts with a clear analytical framework for evaluating First Amendment challenges to regulations …

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Plainly Offensive Babel: An Analytical Framework For Regulating Plainly Offensive Speech In Public Schools, Jerry C. Chiang May 2007

Plainly Offensive Babel: An Analytical Framework For Regulating Plainly Offensive Speech In Public Schools, Jerry C. Chiang

Washington Law Review

The First Amendment to the United States Constitution guarantees the right to free speech. The guarantee is not absolute, however, and the U.S. Supreme Court has said that the First Amendment does not fully protect student speech in public schools. In Bethel School District v. Fraser, the Court held that schools could regulate "plainly offensive" speech. Circuit courts have interpreted and applied Fraser in an inconsistent manner, disagreeing as to what constitutes plainly offensive speech. The resulting case law is confusing and fails to provide lower courts with a clear analytical framework for evaluating First Amendment challenges to regulations …

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Politics Or Principle? Zechariah Chafee And The Social Interest In Free Speech, Charles L. Barzun May 2007

Politics Or Principle? Zechariah Chafee And The Social Interest In Free Speech, Charles L. Barzun

BYU Law Review

No abstract provided.

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Free To Believe, Richard W. Garnett May 2007

Free To Believe, Richard W. Garnett

Journal Articles

Richard Garnett reviews Religious Freedom and the Constitution by Christopher L. Eisgruber & Lawrence G. Sager, Harvard University Press, 352 pages, $28.95

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Some Learning Opportunities From The Imus Affair, Kenneth Lasson Apr 2007

Some Learning Opportunities From The Imus Affair, Kenneth Lasson

All Faculty Scholarship

The author discusses the broader issues of free speech under the surface of the Don Imus affair, where that commentator made a gratuitous slur about the Rutgers women's basketball team. He balances this gaff against the good deeds of the same personality, comparing this with similar provocative remarks made by other well-known public figures. The media is cited for an overreaction to the Imus incident, and all these components are discussed in light of what free speech means.

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Public Employee Speech Rights Fall Prey To An Emerging Doctrinal Formalism, Charles W. "Rocky" Rhodes Apr 2007

Public Employee Speech Rights Fall Prey To An Emerging Doctrinal Formalism, Charles W. "Rocky" Rhodes

William & Mary Bill of Rights Journal

No abstract provided.

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Authorship, Audiences, And Anonymous Speech, Lyrissa Barnett Lidsky, Thomas F. Cotter Apr 2007

Authorship, Audiences, And Anonymous Speech, Lyrissa Barnett Lidsky, Thomas F. Cotter

UF Law Faculty Publications

This Article aims to assist lawmakers and courts to find the proper balance between the right to speak without disclosing one's true identity and the rights of those injured by anonymous speech. To this end, we present both a positive and a normative analysis of anonymous speech. In the positive analysis, we examine the private costs and benefits that speakers encounter when deciding whether to publish with or without attribution; among these costs and benefits are the potentially differing responses of audiences to attributed and nonattributed speech. For example, speakers may feel less vulnerable to retaliation when they speak anonymously, …

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Life-Giving Speech Amid An Empire Of Silence, Walter Brueggemann Apr 2007

Life-Giving Speech Amid An Empire Of Silence, Walter Brueggemann

Michigan Law Review

It will come as no surprise to readers of the Law Review that James Boyd White is a daring and wise practitioner of what Clifford Geertz terms "blurred genres." By appeal to Kenneth Burke, Victor Turner, and Paul Ricoeur, among others, Geertz envisions a broad interpretive venture that breaks out of the rigid regulations of a particular discipline to the larger constructive enterprise that entertains life and its meaning as a "game" of face-to-face engagement, or as a "drama" that presses on to the next scene. White's work fits that vision precisely. In Living Speech: Resisting the Empire of Force, …

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A Response To Professor Laycock, Marci A. Hamilton Apr 2007

A Response To Professor Laycock, Marci A. Hamilton

Articles

No abstract provided.

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Drop Coffers, Richard W. Garnett, Benjamin P. Carr Apr 2007

Drop Coffers, Richard W. Garnett, Benjamin P. Carr

Journal Articles

”Coffers.” When we hear or read the word, what do we picture? Buried treasure on the Isle of Monte Cristo? The dragon Smaug’s stolen riches, piled deep under the Lonely Mountain? Maybe we dimly remember a line of Shakespeare or Chaucer. If one is male and of a certain age, the word might bring to the surface suppressed memories of the all-nighters and arcana associated with Dungeons & Dragons. And, if one is a justice of the Supreme Court of the United States, one’s thoughts might turn to the checking account of St. Jerome Catholic School in Cleveland.

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The Difficult Task Of Model Rule Of Professional Conduct 3.6: Balancing The Free Speech Rights Of Lawyers, The Sixth Amendment Rights Of Criminal Defendants, And Society's Right To The Fair Administration Of Justice, Mattei Radu Apr 2007

The Difficult Task Of Model Rule Of Professional Conduct 3.6: Balancing The Free Speech Rights Of Lawyers, The Sixth Amendment Rights Of Criminal Defendants, And Society's Right To The Fair Administration Of Justice, Mattei Radu

Campbell Law Review

This article will begin with a review of trial publicity rules from the earliest efforts to curb harmful statements of lawyers during trials to the promulgation of Model Rule 3.6 in 1983 by the American Bar Association. It will then examine Gentile, the main Supreme Court case in this area. The article will next consider the 1994 and 2002 amendments to Model Rule 3.6, which were inspired in part by the Court's ruling in Gentile. It will also look specifically at the trial publicity situation in North Carolina, where Durham District Attorney Michael B. Nifong has been charged with violating …

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School Speech V. School Safety: In The Aftermath Of Violence On School Campuses Throughout This Nation, How Should School Officials Respond To Threatening Student Expression?, Richard V. Blystone Mar 2007

School Speech V. School Safety: In The Aftermath Of Violence On School Campuses Throughout This Nation, How Should School Officials Respond To Threatening Student Expression?, Richard V. Blystone

Brigham Young University Education and Law Journal

No abstract provided.

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Contents, First Amendment Law Review Mar 2007

Contents, First Amendment Law Review

First Amendment Law Review

No abstract provided.

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These Dishonored Dead: Veteran Memorials And Religious Preferences, David Rittgers Mar 2007

These Dishonored Dead: Veteran Memorials And Religious Preferences, David Rittgers

First Amendment Law Review

No abstract provided.

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Privatizing Public Forums To Eliminate Dissent, Kevin Francis O'Neill Mar 2007

Privatizing Public Forums To Eliminate Dissent, Kevin Francis O'Neill

First Amendment Law Review

No abstract provided.

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Randall V. Sorrell: Campaign-Finance Regulation And The First Amendment As A Facilitator Of Democracy, Rachel Gage Mar 2007

Randall V. Sorrell: Campaign-Finance Regulation And The First Amendment As A Facilitator Of Democracy, Rachel Gage

First Amendment Law Review

No abstract provided.

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Sinkholes And Substantial Rights: North Carolina's Rejection Of Enhanced Procedural Protections For Defamation Defendants, Eric M. David Mar 2007

Sinkholes And Substantial Rights: North Carolina's Rejection Of Enhanced Procedural Protections For Defamation Defendants, Eric M. David

First Amendment Law Review

No abstract provided.

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Reporters And Their Confidential Sources: How Judith Miller Represents The Continuing Disconnect Between The Courts And The Press, Elizabeth Coenia Sims Mar 2007

Reporters And Their Confidential Sources: How Judith Miller Represents The Continuing Disconnect Between The Courts And The Press, Elizabeth Coenia Sims

First Amendment Law Review

No abstract provided.

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Preaching From The State's Podium: What Speech Is Proselytizing Prohibited By The Establishment Clause?, Christian M. Keiner Mar 2007

Preaching From The State's Podium: What Speech Is Proselytizing Prohibited By The Establishment Clause?, Christian M. Keiner

Brigham Young University Journal of Public Law

No abstract provided.

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King Solomon: Did The Supreme Court Make A Wise Decision In Upholding The Solomon Amendment In Rumsfeld V. Forum For Academic & Institutional Rights, Inc.?, Brook Bristow Mar 2007

King Solomon: Did The Supreme Court Make A Wise Decision In Upholding The Solomon Amendment In Rumsfeld V. Forum For Academic & Institutional Rights, Inc.?, Brook Bristow

Mercer Law Review

In a unanimous decision in Rumsfeld v. Forum for Academic & Institutional Rights, Inc., the United States Supreme Court upheld the constitutionality of the Solomon Amendment. The Court ruled that under the Solomon Amendment, military recruiters must be given the same access as nonmilitary recruiters on university campuses. The Court's holding clarified three First Amendment tangential freedom issues: (1) what is and what is not expressive conduct; (2) what constitutes compelled speech; and (3) what is meant by expressive association.

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Protecting The Marketplace Of Ideas In The Classroom: Why The Equal Access Act And The First Amendment Require The Recognition Of Gay/Straight Alliances In America's Public Schools, Carolyn Pratt Mar 2007

Protecting The Marketplace Of Ideas In The Classroom: Why The Equal Access Act And The First Amendment Require The Recognition Of Gay/Straight Alliances In America's Public Schools, Carolyn Pratt

First Amendment Law Review

No abstract provided.

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Closing The Orwellian Loophole: The Present Constitutionality Of Big Brother And The Potential For A First Amendment Cure, Matthew Lynch Mar 2007

Closing The Orwellian Loophole: The Present Constitutionality Of Big Brother And The Potential For A First Amendment Cure, Matthew Lynch

First Amendment Law Review

No abstract provided.

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But I Thought This Was Sin City!: Nevada's Restrictions On Advertisements For Legal Brothel Services, Denise S. Balboni Mar 2007

But I Thought This Was Sin City!: Nevada's Restrictions On Advertisements For Legal Brothel Services, Denise S. Balboni

Nevada Law Journal

No abstract provided.

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The Van Orden And Mccreary County Cases: Closing The Gaps Remaining Between The Established Lines Of Ten Commandments Jurisprudence, Matthew J. Morrison Mar 2007

The Van Orden And Mccreary County Cases: Closing The Gaps Remaining Between The Established Lines Of Ten Commandments Jurisprudence, Matthew J. Morrison

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

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Newsgathering In Light Of Hipaa, Alexander A. Boni-Saenz Feb 2007

Newsgathering In Light Of Hipaa, Alexander A. Boni-Saenz

All Faculty Scholarship

This short piece examines the interaction between the Health Insurance Portability and Accountability Act (HIPAA), a federal law designed to protect the privacy of individuals’ health information, and state Freedom of Information (FOI) laws, which are designed to ensure public access to government documents. It describes three recent cases from different states that addressed difficult issues about where and how to draw the line between the public’s right to know and individuals’ rights to keep their medical information secret. It concludes that questions about the interaction of state FOI laws and HIPAA should be guided by the framework suggested in …

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Recognizing The Grey: Toward A New View Of The Law Governing Digital Music Sampling Informed By The First Amendment, William Y. Durbin Feb 2007

Recognizing The Grey: Toward A New View Of The Law Governing Digital Music Sampling Informed By The First Amendment, William Y. Durbin

William & Mary Bill of Rights Journal

No abstract provided.

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Stop Restricting Speech And Educate The Public: A Review Of The Aba's Proposed Campaign Activity Canon Of The Model Code Of Judicial Conduct, Tiffany L. Carwile Feb 2007

Stop Restricting Speech And Educate The Public: A Review Of The Aba's Proposed Campaign Activity Canon Of The Model Code Of Judicial Conduct, Tiffany L. Carwile

William & Mary Bill of Rights Journal

No abstract provided.

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