The Political Party System As A Public Forum: The Incoherence Of Parties As Free Speech Associations And A Proposed Correction,
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,
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,
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,
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,
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,
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,
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,
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,
2019
Fordham University School of Law
A Close Reading Of Barnette, In Honor Of Vincent Blasi,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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.
