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The Political Party System As A Public Forum: The Incoherence Of Parties As Free Speech Associations And A Proposed Correction, Wayne Batchis 2019 University of Delaware

The Political Party System As A Public Forum: The Incoherence Of Parties As Free Speech Associations And A Proposed Correction, Wayne Batchis

University of Michigan Journal of Law Reform

The Supreme Court’s jurisprudence addressing the associational rights of political parties is both highly consequential and deeply inconsistent. It dates back at least as far as the Court’s White Primary decisions more than a half-century ago. In recent decades, the Court has imposed an arguably ad hoc formula, striking down regulations on political parties on First Amendment grounds in some cases, while upholding them in others. From a jurisprudential perspective, critics might point to insufficiently principled distinctions between these cases. From a normative perspective, the very expansion of First Amendment rights to political parties, like the parallel extension to corporations …


Public Policy Limitations On Trademark Subject Matter: A U.S. Perspective, Christine Farley 2019 American University Washington College of Law

Public Policy Limitations On Trademark Subject Matter: A U.S. Perspective, Christine Farley

Contributions to Books

This chapter provides an overview of the public policy limitations on trademark subject matter under U.S. law. This is an area of law that had been fairly stable until recently. The U.S. Supreme Court’s 2017 decision striking down the prohibition on registering disparaging marks and its 2019 decision striking down the prohibition on registering immoral and scandalous marks may prompt a larger reexamination of the policy justifications for denying trademark registration.


Thoughts On Hayden C. Covington And The Paucity Of Litigation Scholarship, Ronald K.L. Collins 2019 Co-director, History Book Festival. Former Harold S. Shefelman Scholar, University of Washington School of Law

Thoughts On Hayden C. Covington And The Paucity Of Litigation Scholarship, Ronald K.L. Collins

FIU Law Review

No abstract provided.


“Good Orthodoxy” And The Legacy Of Barnette, Erica Goldberg 2019 University of Dayton Law School

“Good Orthodoxy” And The Legacy Of Barnette, Erica Goldberg

FIU Law Review

No abstract provided.


Barnette And Masterpiece Cakeshop: Some Unanswered Questions, Abner S. Greene 2019 Leonard F. Manning Professor of Law, Fordham Law School

Barnette And Masterpiece Cakeshop: Some Unanswered Questions, Abner S. Greene

FIU Law Review

No abstract provided.


“Fixed Star” Or Twin Star?: The Ambiguity Of Barnette, Steven D. Smith 2019 Warren Distinguished Professor of Law, University of San Diego

“Fixed Star” Or Twin Star?: The Ambiguity Of Barnette, Steven D. Smith

FIU Law Review

No abstract provided.


Justice Jackson In The Jehovah’S Witnesses’ Cases, John Q. Barrett 2019 Professor of Law, St. John’s University School of Law, New York City

Justice Jackson In The Jehovah’S Witnesses’ Cases, John Q. Barrett

FIU Law Review

No abstract provided.


Not Such A Fixed Star After All: West Virginia State Board Of Education V. Barnette, And The Changing Meaning Of The First Amendment Right Not To Speak, Genevieve Lakier 2019 University of Chicago Law School

Not Such A Fixed Star After All: West Virginia State Board Of Education V. Barnette, And The Changing Meaning Of The First Amendment Right Not To Speak, Genevieve Lakier

FIU Law Review

No abstract provided.


Deconstitutionalizing Dewey, Aaron Saiger 2019 Fordham University School of Law

Deconstitutionalizing Dewey, Aaron Saiger

FIU Law Review

No abstract provided.


A Close Reading Of Barnette, In Honor Of Vincent Blasi, Paul Horwitz 2019 Gordon Rosen Professor, Hugh F. Culverhouse Jr. School of Law, University of Alabama

A Close Reading Of Barnette, In Honor Of Vincent Blasi, Paul Horwitz

FIU Law Review

No abstract provided.


Facebook Nudes And Constitutional Feuds: How One State's Law Threatens The First Amendment, Bryan M. Kelly 2019 Mitchell Hamline School of Law

Facebook Nudes And Constitutional Feuds: How One State's Law Threatens The First Amendment, Bryan M. Kelly

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.


A Masterpiece Of Simplicity: Toward A Yoderian Free Exercise Framework For Wedding-Vendor Cases, Austin Rogers 2019 Marquette University Law School

A Masterpiece Of Simplicity: Toward A Yoderian Free Exercise Framework For Wedding-Vendor Cases, Austin Rogers

Marquette Law Review

The Free Exercise Clause was enacted to protect diverse modes of religious

practice. Yet certain expressions of free exercise have entailed concomitant

harm to those outside the religious community, especially LGBTQ persons.

This trend has been acutely present in the recent onslaught of wedding-vendor

cases: LGBTQ persons seek the enforcement of statutorily protected rights,

while religious objectors seek refuge from state intrusion under constitutional

shelter. Consequently, wedding-vendor cases present an area of law in which

free-exercise jurisprudence and anti-discrimination jurisprudence have been

clashing.

However, despite the primacy of religious freedom and equal protection in

American jurisprudence, courts analyze wedding-vendor cases …


Race-Conscious Admissions, Diversity, And Academic Freedom, Vinay Harpalani 2019 University of New Mexico - School of Law

Race-Conscious Admissions, Diversity, And Academic Freedom, Vinay Harpalani

Faculty Scholarship

This Essay examines the First Amendment component to race-conscious admissions policies. It argues that these policies reflect a core First Amendment value: academic freedom. It illustrates that race-conscious admissions policies promote academic freedom in two ways. One aspect of a university’s academic freedom is the selection of its own student body. Justice Felix Frankfurter stated this explicitly in his concurrence in Sweezy v. New Hampshire (1957), which was later cited in Justice Lewis Powell's influential concurrence in Regents of the University of California v. Bakke (1978). Additionally, the compelling interest in diversity has roots in the First Amendment. By …


Safe Social Spaces, Ari Ezra Waldman 2019 New York Law School

Safe Social Spaces, Ari Ezra Waldman

Articles & Chapters

Technologies that mediate social interaction can put our privacy and our safety at risk. Harassment, intimate partner violence and surveillance, data insecurity, and revenge porn are just a few of harms that bedevil technosocial spaces and their users, particularly users from marginalized communities. This Article seeks to identify the building blocks of safe social spaces, or environments in which individuals can be free of privacy and safety dangers. Relying on analogies to offline social spaces—Alcoholics Anonymous meetings, teams of coworkers, and attorney-client relationships—this Article argues that if a social space is defined as an environment characterized by disclosure, then a …


"Tinkering" With Student Rights: School Walkouts And The Implications Of Discipline Practice And Policy On Students' Right To Protest, Hannah Weissler 2019 Claremont Colleges

"Tinkering" With Student Rights: School Walkouts And The Implications Of Discipline Practice And Policy On Students' Right To Protest, Hannah Weissler

Scripps Senior Theses

In this study, I examine the extent to which students’ rights to free speech and expression were violated in response to the nationwide school walkouts that took place during the spring of 2018. Students hold the right to political speech and expression under the landmark Supreme Court Case, Tinker v. Des Moines (1969). However, the rights students maintain to participate in protest during school hours is somewhat unclear. Using a two-pronged case study analysis, I explore the question of student rights and potential violations in the face of protest through examining school disciplinary responses alongside disciplinary policy and disciplinary policy …


Justice Jackson In The Jehovah's Witnesses' Cases, John Q. Barrett 2019 St. John's University School of Law

Justice Jackson In The Jehovah's Witnesses' Cases, John Q. Barrett

Faculty Publications

(Excerpt)

I will address Justice Jackson and Jehovah’s Witnesses in four parts. First, I will begin with Robert Jackson himself, introducing the man who became a Supreme Court Justice, and who came to author Barnette and at least one other very notable opinion in a Jehovah’s Witness case. Second, I will turn to the Barnette case in its Supreme Court legal context, which turns out to be two Court terms, 1941–42 and 1942–43, of many Jehovah’s Witnesses cases. These cases produced a run of Court decisions that are a framework surrounding Barnette, and thus understanding them is important to …


Facebook V. Sullivan: Public Figures And Newsworthiness In Online Speech, Thomas E. Kadri, Kate Klonick 2019 St. John's University School of Law

Facebook V. Sullivan: Public Figures And Newsworthiness In Online Speech, Thomas E. Kadri, Kate Klonick

Faculty Publications

In the United States, there are now two systems to adjudicate disputes about harmful speech. The first is older and more established: the legal system in which judges apply constitutional law to limit tort claims alleging injuries caused by speech. The second is newer and less familiar: the content-moderation system in which platforms like Facebook implement the rules that govern online speech. These platforms are not bound by the First Amendment. But, as it turns out, they rely on many of the tools used by courts to resolve tensions between regulating harmful speech and preserving free expression—particularly the entangled concepts …


Is President Trump Violating The First Amendment When Blocking Citizens On Twitter?: Exploring Multi-Party Negotiation As A Way To Protect Citizens' Rights In The Wake Of The New Digital Age, Ashley B. Mongiello 2019 Benjamin N. Cardozo School of Law

Is President Trump Violating The First Amendment When Blocking Citizens On Twitter?: Exploring Multi-Party Negotiation As A Way To Protect Citizens' Rights In The Wake Of The New Digital Age, Ashley B. Mongiello

Cardozo Journal of Conflict Resolution

This Note seeks to answer the following question: How Twitter, its users, and the President can participate in a multi-party negotiation to decide on terms to enact into a user agreement for Twitter for the purposes of ensuring citizens' First Amendment rights are not violated if the President blocks them on Twitter. Part II of this Note discusses the role of the government when they suppress speech on public forums. It additionally addresses how Trump's actions of blocking citizens were declared a violation of their First Amendment rights. Part III raises the issues citizens face when naming the President as …


Press Speakers And The First Amendment Rights Of Listeners, RonNell Anderson Jones 2019 University of Colorado Law School

Press Speakers And The First Amendment Rights Of Listeners, Ronnell Anderson Jones

University of Colorado Law Review

No abstract provided.


When Audiences Object: Free Speech And Campus Speaker Protests, Gregory P. Magarian 2019 University of Colorado Law School

When Audiences Object: Free Speech And Campus Speaker Protests, Gregory P. Magarian

University of Colorado Law Review

No abstract provided.


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