Open Access. Powered by Scholars. Published by Universities.®

First Amendment Commons™

Open Access. Powered by Scholars. Published by Universities.®

7,968 Full-Text Articles 5,637 Authors 8,612,392 Downloads 157 Institutions

All Articles in First Amendment

Faceted Search

7,968 full-text articles. Page 118 of 237.

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 …


New York Right Of Publicity Law: Panel Discussion, Mary LaFrance 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

New York Right Of Publicity Law: Panel Discussion, Mary Lafrance

Scholarly Works

No abstract provided.


The Public Defender's Pin: Untangling Free Speech Regulation In The Courtroom, Michael Kagan 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

The Public Defender's Pin: Untangling Free Speech Regulation In The Courtroom, Michael Kagan

Scholarly Works

Recent disputes in Ohio and Nevada about whether lawyers should be allowed to wear “Black Lives Matter” pins in open court expose a fault line in First Amendment law. Lower courts have generally been unsympathetic to lawyers who display political symbols in court. But it would go too far suggest that free speech has no relevance in courtrooms. This Essay argues for a way to strike a balance.


Sex, Lies, And Ultrasound, B. Jessie Hill 2018 University of Colorado Law School

Sex, Lies, And Ultrasound, B. Jessie Hill

University of Colorado Law Review

No abstract provided.


Government Lies And The Press Clause, Helen L. Norton 2018 University of Colorado School of Law

Government Lies And The Press Clause, Helen L. Norton

University of Colorado Law Review

No abstract provided.


Table Of Contents, 2018 The Catholic University of America, Columbus School of Law

Table Of Contents

Catholic University Journal of Law and Technology

No abstract provided.


No More Tiers? Proportionality As An Alternative To Multiple Levels Of Scrutiny In Individual Rights Cases, 38 Pace L. Rev. 384 (2018), Donald L. Beschle 2018 John Marshall Law School

No More Tiers? Proportionality As An Alternative To Multiple Levels Of Scrutiny In Individual Rights Cases, 38 Pace L. Rev. 384 (2018), Donald L. Beschle

UIC Law Open Access Faculty Scholarship

No abstract provided.


Are Two Clauses Really Better Than One? Rethinking The Religion Clause(S), 80 U. Pitt. L. Rev. 1 (2018), Donald L. Beschle 2018 John Marshall Law School

Are Two Clauses Really Better Than One? Rethinking The Religion Clause(S), 80 U. Pitt. L. Rev. 1 (2018), Donald L. Beschle

UIC Law Open Access Faculty Scholarship

The First Amendment begins with two references to the relationship between government and religion. The prohibition on establishment of religion and the guarantee of free exercise of religion, despite their obvious interaction, are generally regarded as separate clauses, and analyzed under tests developed under one or the other. The current state of Establishment Clause doctrine and Free Exercise doctrine is sharply contested and by no means clear. Supreme Court justices will usually classify a religious freedom case as either presenting non-establishment or free exercise issues. Having done so, they will apply the test framed for that clause. But does that …


Say What You Want: How Unfettered Freedom Of Speech On The Internet Creates No Recourse For Those Victimized, Wes Gerrie 2018 Syracuse University College of Law

Say What You Want: How Unfettered Freedom Of Speech On The Internet Creates No Recourse For Those Victimized, Wes Gerrie

Catholic University Journal of Law and Technology

In today’s society, virtually everyone relies on online posts in order to make decisions—from what products to purchase to what restaurants to visit. The introduction and increase of online communication has made posting reviews online a simpler, easier, and more efficient process. However, the increase of online communication has threatened the delicate balance between free speech and harmful speech.

A tangled web of recent case law and federal law exists which aggressively protects the free speech of online reviewers. The law has carved out immunity for the website operators that host an online reviewer’s comments, which in turn makes an …


Masthead, 2018 The Catholic University of America, Columbus School of Law

Masthead

Catholic University Journal of Law and Technology

No abstract provided.


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 …


The Off-Label Use Of Pom Wonderful: Using Section 43(A) To Eliminate Misleading Off-Label Drug Promotion, Christopher A. Hurley 2018 Washington and Lee University School of Law

The Off-Label Use Of Pom Wonderful: Using Section 43(A) To Eliminate Misleading Off-Label Drug Promotion, Christopher A. Hurley

Washington and Lee Law Review

No abstract provided.


To Speak Or Not To Speak, That Is Your Liberty: Janus V. Afscme, David Forte 2018 Cleveland-Marshall College of Law, Cleveland State University

To Speak Or Not To Speak, That Is Your Liberty: Janus V. Afscme, David Forte

Law Faculty Articles and Essays

Some Supreme Court precedents go through extensive death spasms before being interred. Lochner v. New York, Plessy v. Ferguson, and Austin v. Michigan Chamber of Commerce come to mind. Others like Chisholm v. Georgia and Minersville School District v. Gobitis incurred a swift and summary execution. Still others, overtaken by subsequent cases, remain wraith-like presences among the Court’s past acts: Beauharnais v. Illinois and Buck v. Bell, for example, remain “on the books.”


When Lies Go Viral: The First Amendment Implications Of Regulating The Spread Of Fake News, Madeleine Rosuck 2018 Southern Methodist University, Dedman School of Law

When Lies Go Viral: The First Amendment Implications Of Regulating The Spread Of Fake News, Madeleine Rosuck

SMU Science and Technology Law Review

No abstract provided.


Religious Exemptions, Third-Party Harms, And The False Analogy To Church Taxes, Christopher C. Lund 2018 Wayne State University

Religious Exemptions, Third-Party Harms, And The False Analogy To Church Taxes, Christopher C. Lund

Law Faculty Research Publications

No abstract provided.


U.S. Supreme Court Surveys: 2016 Term. Matal V. Tam: Free Speech Meets "Disparaging" Trademarks In The Supreme Court, Niki Kuckes 2018 Roger Williams University

U.S. Supreme Court Surveys: 2016 Term. Matal V. Tam: Free Speech Meets "Disparaging" Trademarks In The Supreme Court, Niki Kuckes

Roger Williams University Law Review

No abstract provided.


#I🔫U: Considering The Context Of Online Threats, Lyrissa Barnett Lidsky, Linda Riedemann Norbutt 2018 University of Florida Levin College of Law

#I🔫U: Considering The Context Of Online Threats, Lyrissa Barnett Lidsky, Linda Riedemann Norbutt

UF Law Faculty Publications

The United States Supreme Court has failed to grapple with the unique interpretive difficulties presented by social media threats cases. Social media make hateful and threatening speech more common but also magnify the potential for a speaker's innocent words to be misunderstood People speak differently on different social media platforms, and architectural features of platforms, such as character limits, affect the meaning of speech. The same is true of other contextual clues unique to social media, such as gifs, hashtags, and emojis. Only by understanding social media contexts can legal decision-makers avoid overcriminalization of speech protected by the First Amendment. …


Defamation Per Se And Transgender Status: When Macro-Level Value Judgments About Equality Trump Micro-Level Reputational Injury, Clay Calvert, Ashton T. Hampton, Austin Vining 2018 University of Florida Levin College of Law

Defamation Per Se And Transgender Status: When Macro-Level Value Judgments About Equality Trump Micro-Level Reputational Injury, Clay Calvert, Ashton T. Hampton, Austin Vining

UF Law Faculty Publications

This Article uses the September 2017 defamation decision in Simmons v. American Media, Inc. as a springboard for examining defamatory meaning and reputational injury. Specifically, it focuses on cases in which judges acknowledge that plaintiffs have suffered reputational harm yet rule for defendants because promoting the cultural value of equality weighs against redress. In Simmons, a normative, axiological judgment--that the law should neither sanction nor ratify prejudicial views about transgender individuals-- prevailed at the trial court level over a celebrity's ability to recover for alleged reputational harm. Simmons sits at a dangerous intersection: a crossroads where a noble judicial desire …


The Open Mic, Unplugged: Challenges To Viewpoint-Based Constraints On Public-Comment Periods, Frank D. LoMonte, Clay Calvert 2018 University of Florida Levin College of Law

The Open Mic, Unplugged: Challenges To Viewpoint-Based Constraints On Public-Comment Periods, Frank D. Lomonte, Clay Calvert

UF Law Faculty Publications

Perhaps the purest form of citizen political expression is addressing a government body directly during the public-comment period. Despite its salutary civic benefits, the public-comment period faces escalating threats, with local elected officials imposing rigid controls on speakers. Disturbingly, these rules sometimes are enforced via arrest. The U.S. Supreme Court recently confronted this scenario in Lozman v. City of Riviera Beach, involving the arrest of a citizen-critic who refused to stop using his city council's open-mic period to decry public corruption. While narrowly fact-specific, the Court's June 2018 resolution of the case reaffirms the importance of protecting speakers at …


Symposium: Truth, Trust And The First Amendment In The Digital Age: Foreword: Whither The Fourth Estate?, Lyrissa Barnett Lidsky 2018 University of Florida Levin College of Law

Symposium: Truth, Trust And The First Amendment In The Digital Age: Foreword: Whither The Fourth Estate?, Lyrissa Barnett Lidsky

UF Law Faculty Publications

As a professor of Media Law, I have devoted my career over the past quarter of a century to the idea that the press plays a special role in our democracy. That role is largely encapsulated by the concept of the press as Fourth Estate – an unofficial branch of government in our scheme of separation of powers that checks the power of the three official branches. In our constitutional scheme, the press is the watchdog that informs us what the legislative, executive, and judicial branches of government are up to and continually replenishes the stock of news – real …


Digital Commons powered by bepress