First Amendment Commons^™

Remote Access Restrictions To Immigration-Related Court Records, Doris H. Zhang

Fordham Law Review

Journalists today often report on newsworthy federal court cases by remotely accessing the court records online. However, thanks to Federal Rule of Civil Procedure 5.2(c), remote access is not available by default in immigration-related cases. To obtain any court records in immigration cases, journalists must go to the courthouse, hire someone to go on their behalf, or ask the court to exercise its discretion to lift the Rule 5.2(c) remote access restrictions. These alternatives are burdensome, hindering the ability of the press and the public to keep track of immigration cases in federal courts. Despite the burdens on the press …

Copyright Protection Or Media Suppression? The Digital Millennium Copyright Act's Impact On News Media And Journalism, Alenis Olivera

FIU Law Review

When copyright law collides with press freedom, which one survives the takedown? The Digital Millennium Copyright Act (DMCA) was once hailed as a necessary adaptation to copyright protection issues in the digital age. But now, nearly three decades since its incorporation into the Copyright Act, the DMCA has continued to cast a shadow over the journalism industry. The DMCA’s notice-and-takedown system, originally designed to protect copyright owners by allowing for quick removal of infringing content, has become a mechanism that risks suppressing lawful reporting and undermines the First Amendment’s guarantee of a free press. This Comment will explore how the …

No Justice Without Transparency: The Case For A Broad Presumption Of Public Access To Court Documents, Taylor Quimby

FIU Law Review

This Comment argues that a broad presumption of public access to court  documents is essential to preserving the legitimacy and constitutional values  of the American legal system. Although the principle of public access is  rooted in common law and constitutional tradition, individual states differ in  how they approach transparency in the context of court documents. These  jurisdictional inconsistencies continue to gain significance, as the digital age  has completely transformed the way people consume information. The  increasing digitization of court records has heightened the need for consistent  and constitutionally grounded standards that preserve transparency while  adequately protecting legitimate privacy interests. Florida’s …

Virtual Harm, Real Consequences: Constitutional Justifications For Criminalizing Ai-Generated Child Pornography, Adam Abdin

FIU Law Review

Advances in artificial intelligence (AI) have enabled the creation of hyper-realistic child sexual abuse images without any real child involved. These AI-generated depictions pose a unique challenge: they replicate the most pernicious form of pornography—child pornography—while potentially being claimed as “speech” immune from regulation. This paper argues that it is both constitutionally permissible and morally imperative to criminalize AI-generated child pornography. This article presents two doctrinal pathways to justify a ban. First, such content can be treated as unprotected speech under existing First Amendment exceptions. Courts have long held that child pornography and obscenity lie outside First Amendment protection, and …

The Unconstitutional Attempt To Criminalize Naming Ice Agents, Noah C. Chauvin

Faculty Articles

Some members of Congress propose to make it a crime to publish the name of a federal official with the intent of obstructing that official’s law or immigration enforcement duties. This Essay considers whether the lawmakers’ bill, the Protecting Law Enforcement from Doxxing Act, is consistent with the First Amendment. It is not.

Cultivating Free Speech Culture, Joseph A. Tomain

Articles by Maurer Faculty

Defending dissent to safeguard speech and political opposition is a challenging and necessary task for a self-governing democracy. Moreover, it is a collective task. Succeeding in this endeavor sometimes requires defending speech with which one disagrees, especially in a nation as pluralistic as the United States. Although imperfect and inconsistent, there are numerous examples where strange bedfellows join together to achieve this goal. While First Amendment law helps us reach the goal, law alone is not enough. We also need a cultural commitment to defending dissent. This Essay argues that cultivating a culture that values robust free speech protection is …

Evolving Legal Issues In Higher Education: Introduction To The Higher Education And The Law Symposium, Patricia E. Salkin

Touro Law Review

The Touro Law Review could not have selected a better time to highlight many of the evolving legal issues in higher education. It can be both an exciting time to practice law in this space and one that challenges the creative problem-solving skills of lawyers and their clients. This issue of the Law Review highlights a number of key developments and trends.

Two Dogmas Of Free Speech Doctrine, David R. Dow

Oklahoma Law Review

No abstract provided.

Oklahoma’S Bible Policy: The Evolving Establishment Clause From Lemon To Kennedy, Carson Douglas Shaw

Oklahoma Law Review

No abstract provided.

Strict Scrutiny And The Viewpoint Continuum, A.G. Harmon

Scholarly Articles

Consider the following instances: A cell phone photograph picturing a man's left kneecap. A statement that the speaker thinks, "The name Josiah is really cool." A woman who runs her bicycle over a business owner in order to gain celebrity and increase attention for her new podcast. An intentional lie told to acquire a job. A student who insists on answering his math exam questions in runic symbols.

At one point or another, American courts have considered the merits found in favor of instances similar to these and other like circumstances as amounting to "viewpoints." As such, they …

Ny Times Co. V. Dist. Ct. (Doe 1 Trust), 141 Nev. Adv. Op. 71 (Dec. 23, 2025), Randolph Anderson

Nevada Supreme Court Summaries

Certain trust related documents can be sealed provisionally, if supported by nonspeculative findings that the interests overcome the presumption of openness and warrant continued closure.

Status, Conduct, Belief, And Message: The Wedding Vendor Cases, Mark L. Movsesian

Chicago-Kent Law Review

No abstract provided.

Catholic Institutions And The Religion Clauses: Faith In A Liberal Democracy, Angela C. Carmella

Chicago-Kent Law Review

No abstract provided.

Can First Amendment "History And Tradition" Protect Both Sides In Polarized America?, Thomas C. Berg

Chicago-Kent Law Review

No abstract provided.

Don't Be A Drag, It's Not Obscene: Examining The Use Of The Word "Obscene" To Ban Drag Shows, Stephanie Perez

Chicago-Kent Law Review

No abstract provided.

"Simple Accommodation": A Solution For Conflicts Between Religious Claims And Secular Law?, Laura S. Underkuffler

Chicago-Kent Law Review

No abstract provided.

The Ten Commandments In Louisiana Public Schools: A Study In The Survival Of Establishment Norms, Ira C. Lupu, Robert W. Tuttle

Chicago-Kent Law Review

No abstract provided.

Religious Liberty And The Constitution, Steven J. Heyman

Chicago-Kent Law Review

No abstract provided.

Introduction To Symposium — In Search Of Common Ground: Religion And Secularism In A Liberal Democratic Society, Kathleen A. Brady, Steven J. Heyman

Chicago-Kent Law Review

No abstract provided.

History, Tradition, And Finding Common Ground: The Establishment Clause And Religious Expression By The State, Kathleen A. Brady

Chicago-Kent Law Review

No abstract provided.