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Legislating Against Lying In Campaigns And Elections, Joshua S. Sellers 2018 University of Oklahoma College of Law

Legislating Against Lying In Campaigns And Elections, Joshua S. Sellers

Oklahoma Law Review

No abstract provided.


The Right To Receive Foreign Speech, Joseph Thai 2018 University of Oklahoma College of Law

The Right To Receive Foreign Speech, Joseph Thai

Oklahoma Law Review

No abstract provided.


Student Protests And Academic Freedom In An Age Of #Blacklivesmatter, Philip Lee 2018 UDC School of Law

Student Protests And Academic Freedom In An Age Of #Blacklivesmatter, Philip Lee

Journal Articles

Student activism for racial equity and inclusion is on a historic rise on college and university campuses across the country. Students are reminding us that Black lives matter. They are bringing attention to the ways in which the normal operation of the legal system creates racial and other inequalities. They are critiquing the ways in which their experiences and perspectives are pushed to the margins in classrooms, on campuses, and in society.

In urging for university policies that allow for such activism to be moments of teaching and learning for all involved, I argue in this Article that student academic …


Freedom Of Speech Remains Superior To All Other Alternatives, David L. Faigman 2018 UC Law SF

Freedom Of Speech Remains Superior To All Other Alternatives, David L. Faigman

UC Law Constitutional Quarterly

No abstract provided.


And Yet It Moves - The First Amendment And Certainty, Ronald K. L. Collins 2018 UC Law SF

And Yet It Moves - The First Amendment And Certainty, Ronald K. L. Collins

UC Law Constitutional Quarterly

Few works on the First Amendment have explored the relation between free speech and certainty. While this relationship is inherent in much free speech theory and doctrine, its treatment has nonetheless been rather opaque. This Essay teases outphilosophically, textually, and operationally-the significance of that relationship and what it means for our First Amendment jurisprudence. This Essay examines how the First Amendment operates to counter claims of certainty and likewise how it is employed to demand a degree of certainty from those who wish to cabin free speech rights. This Essay argues that many free speech theories (from Milton to Meiklejohn …


Certainty And The Censor's Dilemma, Robert Corn-Revere 2018 UC Law SF

Certainty And The Censor's Dilemma, Robert Corn-Revere

UC Law Constitutional Quarterly

In a free society the censor never has the moral high ground. This fact rests uneasily with one of the primary qualities of the censor-certainty. It's right there in the job description. As Justice Anthony Kennedy has written, "[s]elf-assurance has always been the hallmark of a censor." Chief Justice Oliver Wendell Holmes captured the ethos of censorship nearly a century ago in his famous Abrams v. United States dissent: "Persecution for the expression of opinions seems to me perfectly logical. If you have no doubt of your premises or your power and want a certain result with all your heart …


Clash Of The First And Second Amendments: Proposed Regulation Of Armed Protests, Katlyn E. DeBoer 2018 UC Law SF

Clash Of The First And Second Amendments: Proposed Regulation Of Armed Protests, Katlyn E. Deboer

UC Law Constitutional Quarterly

The United States has strayed far from its traditional use of citizen militias to demand freedom from the British and has taken a deep dive into a practice of flaunting weapons at political protests as a display of bravado to provoke fear, chill opposition, and reap media attention. The recent "Unite The Right" rally in Charlottesville, Virginia, and its resulting violent pandemonium brought the issue of open carry protests to the forefront of public discourse. Armed protesters cling to their First and Second Amendment rights as shields to justify the semiautomatic firearms slung about their backs, but is this faith …


Striking The Right Balance: Hate Speech Laws In Japan, The United States, And Canada, Craig Martin 2018 UC Law SF

Striking The Right Balance: Hate Speech Laws In Japan, The United States, And Canada, Craig Martin

UC Law Constitutional Quarterly

This Article engages in a comparative examination of three different approaches to finding the right balance between legal limits on hate speech and the right to freedom of expression. The Japanese and American systems have struggled to find both a sufficiently important purpose to justify hate speech laws, or an appropriate limiting principle to narrow their scope. Neither system views hate speech laws as implicating equal protection rights, and so the balance is heavily in favor of freedom of speech. The American doctrine views hate speech laws as justifiable only if they can come within other ill-fitting categories of lesser-protected …


Hating Hate Speech: Why Current First Amendment Doctrine Does Not Condemn A Careful Ban, Rory K. Little 2018 UC Law SF

Hating Hate Speech: Why Current First Amendment Doctrine Does Not Condemn A Careful Ban, Rory K. Little

UC Law Constitutional Quarterly

In the wake of the 2017 Charlottesville protests and the recent revival of "white supremacy" rallies, some constitutional scholars have asserted once again that a "hate speech ban" is unconstitutional under the First Amendment. There are certainly strong policy and historical arguments to oppose such a ban, although the Supreme Court upheld such a ban in 1942 and has never overruled that precedent. The doctrinal objection to such a ban is based on a restrictive adoption of Brandenburg v. Ohio, and a failure to fully explicate the alternative ground for prohibition found in the Supreme Court's repeated definition of "fighting …


Proceed With Caution: Hate Speech Regulation In Japan, Junko Kotani 2018 UC Law SF

Proceed With Caution: Hate Speech Regulation In Japan, Junko Kotani

UC Law Constitutional Quarterly

The Diet of Japan enacted the Hate Speech Elimination Act in 2016 amid heated debates over the appropriate role that the government should play in confronting the vulgar racist hate speech that had been permeating the country. The Act, however, does not criminalize or make illegal hate speech and is thus criticized by Professor Craig Martin. This Article argues that while the principles of freedom of speech under the Constitution of Japan may tolerate criminalization of narrowly defined hate speech, one should be cautious in advocating for immediate criminalization of racist hate speech in the country. This Article provides an …


Rluipa And Method-Of-Execution Claims After Glossip: The Free Exercise Exception To Glossip's Known-And-Available Alternative Requirement, Griffin Estes 2018 UC Law SF

Rluipa And Method-Of-Execution Claims After Glossip: The Free Exercise Exception To Glossip's Known-And-Available Alternative Requirement, Griffin Estes

UC Law Constitutional Quarterly

Since the Court's decision in Glossip v. Gross, a capital inmate has the burden of proposing an alternative method-of-execution to be administered in lieu of the statutorily proscribed method if the inmate believes that the method-of-execution to be used in their execution would violate the Eighth Amendment's prohibition on "cruel and unusual punishments." Many inmates have specific religious beliefs and it is possible that a condemned inmate might have a religious objection to capital punishment. The Religious Land Use and Institutionalized Persons Act ("RLUIPA") represents Congress's sensitivity toward the religious liberties of inmates. This Note applies the RLUIPA framework to …


Echoes Of Slavery Ii: How Slavery's Legacy Distorts Democracy, Juan F. Perea 2018 Loyola University Chicago School of Law

Echoes Of Slavery Ii: How Slavery's Legacy Distorts Democracy, Juan F. Perea

Faculty Publications & Other Works

No abstract provided.


The Right To Counsel In Criminal Cases: Still A National Crisis, Mary Sue Backus, Paul Marcus 2018 University of Oklahoma College of Law

The Right To Counsel In Criminal Cases: Still A National Crisis, Mary Sue Backus, Paul Marcus

Faculty Articles

In 1963, Gideon v. Wainwright dramatically changed the landscape of criminal justice with its mandate that poor criminal defendants be entitled to legal representation funded by the government. As scholars and practitioners have noted repeatedly over more than fifty years, states have generally failed to provide the equal access Gideon promised. This Article revisits the questions raised by the authors over a decade ago when they asserted that a genuine national crisis exists regarding the right to counsel in criminal cases for poor people. Sadly, despite a few isolated instances where litigation has sparked some progress, the issues remain the …


An Introductory Essay: Old Principles For An (Allegedly) Brave New World, Harry F. Tepker 2018 University of Oklahoma College of Law

An Introductory Essay: Old Principles For An (Allegedly) Brave New World, Harry F. Tepker

Faculty Articles

No abstract provided.


Carpenter V. United States And The Fourth Amendment: The Best Way Forward, Stephen E. Henderson 2018 University of Oklahoma College of Law

Carpenter V. United States And The Fourth Amendment: The Best Way Forward, Stephen E. Henderson

Faculty Articles

We finally have a federal ‘test case.’ In Carpenter v. United States, the Supreme Court is poised to set the direction of the Fourth Amendment in the digital age. The case squarely presents how the twentieth-century third party doctrine will fare in contemporary times, and the stakes could not be higher. This Article reviews the Carpenter case and how it fits within the greater discussion of the Fourth Amendment third party doctrine and location surveillance, and I express a hope that the Court will be both a bit ambitious and a good measure cautious. As for ambition, the Court …


Changing Governance Models By Applying Blockchain Computing, Steve Young 2018 The Catholic University of America, Columbus School of Law

Changing Governance Models By Applying Blockchain Computing, Steve Young

Catholic University Journal of Law and Technology

No abstract provided.


Enforcing Constitutional Rights Through Computer Code, Steve Young 2018 The Catholic University of America, Columbus School of Law

Enforcing Constitutional Rights Through Computer Code, Steve Young

Catholic University Journal of Law and Technology

Lawmaking and enforcement has advanced since Hammurabi first wrote out his legal code thousands of years ago. Today, the American legal system relies on legislatively-enacted federal, state, county, and municipal legal codes, agency-created regulations, the judge-made common law, and various law enforcement entities. This can be a confusing and complex system of rules and their explanations with varying degrees of enforcement. Blockchain technology is an automatic and efficient alternative to written codes that must be humanly-enforced. There has been limited scholarly interest in the implications of a legal application of blockchain technology to a political system but there have been …


Deepfake Videos: When Seeing Isn't Believing, Holly Kathleen Hall 2018 Arkansas State University - Main Campus

Deepfake Videos: When Seeing Isn't Believing, Holly Kathleen Hall

Catholic University Journal of Law and Technology

Videos, known as deepfakes, use readily available software to create a work that shows people saying and doing things they may never have uttered or engaged in. The technology making the videos appear very authentic is advancing at such a rate that people may not be able to detect if the videos are fact or fiction. Given the hasty acceptance of other forms of fake news in society, deepfake videos have the ability to affect the nature of information the public receives about candidates and policies. This study examines the potential use of deepfake videos in the democratic process, analyzes …


Religious Liberty Versus Rights Of Others, Arnold H. Loewy 2018 Texas Tech University

Religious Liberty Versus Rights Of Others, Arnold H. Loewy

Kentucky Law Journal

No abstract provided.


The Logic Of Speech And Religion Rights In The Public Workplace, Scott R. Bauries 2018 University of Kentucky

The Logic Of Speech And Religion Rights In The Public Workplace, Scott R. Bauries

Law Faculty Scholarly Articles

Can government function if its employees have individual rights that override their workplace duties? Intuitively, the answer is no, and the doctrine of public employee speech has mostly reflected this assumption. The Supreme Court has spoken authoritatively on these limitations on public employee speech, most recently in Garrett v. Ceballos and Lane v. Franks, but its jurisprudence on public employee religious expression has been less authoritative and more conflicting. Recent events pitting public employees' personal religious exercise against public rights and limitations on government necessitate the question at the beginning of this paragraph.


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