First Amendment Commons^™

Is It Bad Law To Believe A Politician? Campaign Speech And Discriminatory Intent, Shawn E. Fields

University of Richmond Law Review

No abstract provided.

Faith-Based Emergency Powers, Noa Ben-Asher

Faculty Publications

This Article explores an expanding phenomenon that it calls Faith-Based Emergency Powers. In the twenty-first century, conservatives have come to rely heavily on Faith-Based Emergency Powers as a leading legal strategy in the Culture Wars. This strategy involves carving faith-based exceptions to rights of women and LGBT people. The concept of Faith-Based Emergency Powers is developed in this Article through an analogy to the “War on Terror.” In the War on Terror, conservatives typically have taken the position that judges, legislators, and the public must defer to the President and the executive branch in matters involving national security. This argument …

The New Governors: The People, Rules And Processes Governing Online Speech, Kate Klonick

Faculty Publications

Private online platforms have an increasingly essential role in free speech and participation in democratic culture. But while it might appear that any internet user can publish freely and instantly online, many platforms actively curate the content posted by their users. How and why these platforms operate to moderate speech is largely opaque.

This Article provides the first analysis of what these platforms are actually doing to moderate online speech under a regulatory and First Amendment framework. Drawing from original interviews, archived materials, and internal documents, this Article describes how three major online platforms — Facebook, Twitter, and YouTube — …

The 'Blurred Lines' Of Marvin Gaye's 'Here, My Dear': Music As A Tortious Act, Divorce Narrative And First Amendment Totem, Bryan Adamson

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Right Of Publicity: Privacy Reimagined For New York?, Jennifer Rothman

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Government's Manufacture Of Doubt, Helen Norton

Publications

“The manufacture of doubt” refers to a speaker’s strategic efforts to undermine factual assertions that threaten its self-interest. This strategy was perhaps most famously employed by the tobacco industry in its longstanding campaign to contest mounting medical evidence linking cigarettes to a wide range of health risks. At its best, the government’s speech can counter such efforts and protect the public interest, as exemplified by the Surgeon General’s groundbreaking 1964 report on the dangers of tobacco, a report that challenged the industry’s preferred narrative. But the government’s speech is not always so heroic, and governments themselves sometimes seek to manufacture …

What Happens When Police Robots Violate The Constitution?, Vid Sankar

Vanderbilt Journal of Entertainment & Technology Law

Public concern surrounding excessive use of force by police officers and the overmilitarization of the police continues to grow. The use of police robots, both with and without artificial intelligence capabilities, is already transforming the practice of policing. Police use of robots gained national attention on July 7, 2016, when Dallas police used a robot to disarm and kill an active shooter who killed five and injured several others in a hostage situation. The qualified immunity doctrine was designed to protect police officers, but under the Supreme Court's current qualified immunity framework, police robots may pose a challenge to accomplishing …

No First Amendment Shield For Homophobic Prof, Arthur S. Leonard

Other Publications

No abstract provided.

Public Fora And The Problem Of Too Much Speech, R. George Wright

Kentucky Law Journal

No abstract provided.

Permissible Accommodation Or Impermissible Endorsement? A Proposed Approach To Religious Exemptions And The Establishment Clause, Gary J. Simson

Kentucky Law Journal

No abstract provided.

Putting The "Exercise" Back In Free Exercise, Eric J. Segall

Kentucky Law Journal

No abstract provided.

Religious Liberty Versus Rights Of Others, Arnold H. Loewy

Kentucky Law Journal

No abstract provided.

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

Kentucky Law Journal

No abstract provided.

Religious Accommodations And Third-Party Harms: Constitutional Values And Limits, Kathleen A. Brady

Kentucky Law Journal

No abstract provided.

The Costs Of Conscience, Micah Schwartzman, Nelson Tebbe, Richard Schragger

Kentucky Law Journal

No abstract provided.

The First Amendment, Compelled Speech & Minors: Jettisoning The Fcc Mandate For Children's Television Programming, Clay Calvert

Kentucky Law Journal

No abstract provided.

Decisive Win For Lesbians In Oregon Cake Case, Arthur S. Leonard

Other Publications

No abstract provided.

Playing Word Games With New York’S No Surcharge Law, Katie Coggins

Touro Law Review

No abstract provided.

Chained Against Her Will: What A Get Means For Women Under Jewish Law, Michelle Kariyeva

Touro Law Review

No abstract provided.

Suing The President For First Amendment Violations, Sonja R. West

Scholarly Works

On any given day, it seems, President Donald Trump can be found attacking, threatening, or punishing the press and other individuals whose speech he dislikes. His actions, moreover, inevitably raise the question: Do any of these individuals or organizations (or any future ones) have a viable claim against the President for violating their First Amendment rights?

One might think that the ability to sue the President for violation of the First Amendment would be relatively settled. The answer, however, is not quite that straightforward. Due to several unique qualities about the First Amendment and the presidency, it is not entirely …