The Dynamic Relationship Between Freedom Of Speech And Equality,
2016
William & Mary Law School
The Dynamic Relationship Between Freedom Of Speech And Equality, Timothy Zick
Faculty Publications
This Article examines the dynamic intersection between freedom of speech and equal protection, with a particular focus on the race and LGBT equality movements. Unlike other works on expression and/or equality, the Article emphasizes the relational and bi-directional connections between freedom of speech and equal protection. Freedom of speech has played a critical role in terms of advancing constitutional equality. However, with regard to both race and LGBT equality, free speech rights also failed in important respects to facilitate equality claims and movements. Advocacy and agitation on behalf of equality rights have also left indelible positive and negative marks on …
Defining Hate Speech,
2016
Boston University School of Law
Defining Hate Speech, Andrew Sellars
Faculty Scholarship
There is no shortage of opinions about what should be done about hate speech, but if there is one point of agreement, it is that the topic is ripe for rigorous study. But just what is hate speech, and how will we know it when we see it online? For all of the extensive literature about the causes, harms, and responses to hate speech, few scholars have endeavored to systematically define the term. Where other areas of content analysis have developed rich methodologies to account for influences like context or bias, the present scholarship around hate speech rarely extends beyond …
The First Amendment Walks Into A Bar: Trademark Registration And Free Speech,
2016
Georgetown University Law Center
The First Amendment Walks Into A Bar: Trademark Registration And Free Speech, Rebecca Tushnet
Notre Dame Law Review
This Article analyzes the First Amendment arguments against section
2(a)’s disparagement bar with reference to the consequences of any
invalidation on the rest of the trademark statute. My fundamental conclusions
are that In re Tam is wrongly reasoned even given the Supreme Court’s
increased scrutiny of commercial speech regulations, and that to hold otherwise
and preserve the rest of trademark law would require unprincipled distinctions
within trademark law. More generally, the Supreme Court’s First
Amendment jurisprudence has become so expansive as to threaten basic
aspects of the regulatory state; the result of subjecting economic regulations
such as trademark registration to …
Punishing Sexual Fantasy,
2016
William & Mary Law School
Punishing Sexual Fantasy, Andrew Gilden
William & Mary Law Review
The Internet has created unprecedented opportunities for adults and teenagers to explore their sexual identities, but it has also created new ways for the law to monitor and punish a diverse range of taboo sexual communication. A young mother loses custody of her two children due to sexually explicit Facebook conversations. A teenager is prosecuted for child pornography crimes after sending a naked selfie to her teenage boyfriend. An NYPD officer is convicted for conspiracy to kidnap several women based on conversations he had on a “dark fetish” fantasy website. In each of these cases, online sexual exploration and fantasy …
The Legal Revolution Against The Place Of Religion: The Case Of Trinity Western University Law School,
2016
Brigham Young University Law School
The Legal Revolution Against The Place Of Religion: The Case Of Trinity Western University Law School, Barry W. Bussey
BYU Law Review
The special legal status of religion and religious freedom in liberal democracies has become an issue of controversy among legal academics and lawyers. There is a growing argument that religion is not special and that the law should be amended to reflect that fact. This Article argues that religion is special. It is special because of the historical, practical, and philosophical realities of liberal democracies. Religious freedom is a foundational principle that was instrumental in creating the modern liberal democratic state. To remove religion from its current legal station would be a revolution that would put liberal democracy in a …
Human Rights, Religious Freedom, And Peace,
2016
Brigham Young University Law School
Human Rights, Religious Freedom, And Peace, David Little
BYU Law Review
No abstract provided.
When The State Requires Doctors To Act Against Their Conscience: The Religious Freedom Implications Of The Referral And The Direction Obligations Of Health Practitioners In Victoria And New South Wales,
2016
Brigham Young University Law School
When The State Requires Doctors To Act Against Their Conscience: The Religious Freedom Implications Of The Referral And The Direction Obligations Of Health Practitioners In Victoria And New South Wales, Michael Quinlan
BYU Law Review
No abstract provided.
Sanitizing Cyberspace: Obscenity, Miller,And The Future Of Public Discourse On The Intemet,
2016
University of Utah, S.J. Quinney College of Law
Sanitizing Cyberspace: Obscenity, Miller,And The Future Of Public Discourse On The Intemet, John Tehranian
Journal of Intellectual Property Law
No abstract provided.
Process Without Procedure: National Security Letters And First Amendment Rights,
2016
Texas A&M University School of Law
Process Without Procedure: National Security Letters And First Amendment Rights, Hannah Bloch-Wehba
Faculty Scholarship
Each year, the FBI uses tens of thousands of NSLs to obtain “transactional records” related to telephone calls, emails, text messages, online forums, and other communicative activity. NSLs are usually accompanied by nondisclosure orders that prevent recipients from speaking about or acknowledging the requests. Although over 100,000 NSLs have been issued since 2001, there have been fewer than 10 known judicial challenges.
I argue that the absence of procedural safeguards within the NSL authority has created a de facto regime of automatic compliance with the requests, endangering First Amendment rights in the process. NSLs are explicitly directed at uncovering the …
The Misunderstood Right To Be Forgotten: The Future Of Free Expression And Privacy In The Online World,
2016
University of Michigan Law School
The Misunderstood Right To Be Forgotten: The Future Of Free Expression And Privacy In The Online World, University Of Michigan Law School
Event Materials
Program for the 26th Annual University of Michigan Senate's Davis, Markert, Nickerson Lecture on Academic and Intellectual Freedom.
Chafee On Law And Freedom Of Speech,
2016
St. John's University School of Law
Chafee On Law And Freedom Of Speech, Roy Lechtreck
The Catholic Lawyer
No abstract provided.
The First Amendment And Canon Law,
2016
St. John's University School of Law
The First Amendment And Canon Law, Brendan F. Brown
The Catholic Lawyer
No abstract provided.
Narcotics Statute Ruled Inapplicable To Religious Use Of Peyote,
2016
St. John's University School of Law
Narcotics Statute Ruled Inapplicable To Religious Use Of Peyote
The Catholic Lawyer
No abstract provided.
Redeeming Social Importance Held Decisive In Determining Question Of Obscenity,
2016
St. John's University School of Law
Redeeming Social Importance Held Decisive In Determining Question Of Obscenity
The Catholic Lawyer
No abstract provided.
Loyalty Oath Held Unconstitutionally Vague,
2016
St. John's University School of Law
Obscenity Control And Minors - The Case For A Separate Standard,
2016
St. John's University School of Law
Obscenity Control And Minors - The Case For A Separate Standard, Edward T. Fagan
The Catholic Lawyer
No abstract provided.
The Proposed Prayer And Bible-Reading Amendments: Contrasting Views,
2016
St. John's University School of Law
The Proposed Prayer And Bible-Reading Amendments: Contrasting Views, William J. Kenealy, S.J., William B. Ball
The Catholic Lawyer
No abstract provided.
Let Us Pray - An Amendment To The Constitution,
2016
St. John's University School of Law
Let Us Pray - An Amendment To The Constitution, Charles E. Rice
The Catholic Lawyer
No abstract provided.
Freedom Of Religion And The Church,
2016
St. John's University School of Law
Freedom Of Religion And The Church, Rev. Anthony F. Logatto
The Catholic Lawyer
No abstract provided.
Obscenity: Significance Of Literary Value,
2016
St. John's University School of Law
