First Amendment - Passive Accommodation: An Attempt At Demarcation,
2016
St. John's University School of Law
First Amendment - Passive Accommodation: An Attempt At Demarcation
The Catholic Lawyer
No abstract provided.
The Dilemma Of Religious Instruction And The Public Schools,
2016
St. John's University School of Law
The Dilemma Of Religious Instruction And The Public Schools, Richard J. Regan, S.J.
The Catholic Lawyer
No abstract provided.
Parochial School Aid - A Changing Trend,
2016
St. John's University School of Law
Parochial School Aid - A Changing Trend, Lawrence X. Cusack
The Catholic Lawyer
No abstract provided.
Recent Decision: Mandatory Identification Statute Held Unconstitutional,
2016
St. John's University School of Law
Recent Decision: Mandatory Identification Statute Held Unconstitutional
The Catholic Lawyer
No abstract provided.
A Free Speech Response To The Gay Rights/Religious Liberty Conflict,
2016
Northwestern University
A Free Speech Response To The Gay Rights/Religious Liberty Conflict, Andrew Koppelman
Northwestern University Law Review
The most sensible reconciliation of the tension between religious liberty and public accommodations law, in the recent cases involving merchants with religious objections to same-sex marriage, would permit business owners to present their views to the world, but forbid them either to threaten to discriminate or to treat any individual customer worse than others. Even if such businesses have no statutory right to refuse to facilitate ceremonies they regard as immoral, they are unlikely to be asked to participate in those ceremonies. This solution may, however, be forbidden by the law of hostile environment harassment. That raises a severe free …
The Most Loved, Most Hated Magazine In America: The Rise And Demise Of Confidential Magazine,
2016
William & Mary Law School
The Most Loved, Most Hated Magazine In America: The Rise And Demise Of Confidential Magazine, Samantha Barbas
William & Mary Bill of Rights Journal
No abstract provided.
Siri-Ously? Free Speech Rights And Artificial Intelligence,
2016
University of Arizona James E. Rogers College of Law
Siri-Ously? Free Speech Rights And Artificial Intelligence, Toni M. Massaro, Helen Norton
Northwestern University Law Review
Computers with communicative artificial intelligence (AI) are pushing First Amendment theory and doctrine in profound and novel ways. They are becoming increasingly self-directed and corporal in ways that may one day make it difficult to call the communication ours versus theirs. This, in turn, invites questions about whether the First Amendment ever will (or ever should) cover AI speech or speakers even absent a locatable and accountable human creator. In this Article, we explain why current free speech theory and doctrine pose surprisingly few barriers to this counterintuitive result; their elasticity suggests that speaker humanness no longer may be …
The Government Brand,
2016
University of North Carolina School of Law
The Government Brand, Mary-Rose Papandrea
Northwestern University Law Review
In Walker v. Texas Division, Sons of Confederate Veterans, Inc., the U.S. Supreme Court held that Texas could deny the Sons of Confederate Veterans a specialty license plate because the public found the group’s Confederate flag logo offensive. The Court did not reach this conclusion because it deemed the Confederate flag to fall within a category of unprotected speech, such as true threats, incitement, or fighting words; because it revisited its determination in R.A.V. v. City of St. Paul that restrictions on hate speech are unconstitutional; because travelers who see the license plates are a “captive audience”; or because …
Free Speech And Civil Liberties In The Second Circuit,
2016
Cahill Gordon & Reindel LLP
Free Speech And Civil Liberties In The Second Circuit, Floyd Abrams
Fordham Law Review
Much of the development of First Amendment law in the United States has occurred as a result of American courts rejecting well-established principles of English law. The U.S. Supreme Court has frequently rejected English law, permitting far more public criticism of the judiciary than would be countenanced in England, rejecting English libel law as being insufficiently protective of freedom of expression and holding that even hateful speech directed at minorities receives the highest level of constitutional protection. The Second Circuit has played a major role in the movement away from the strictures of the law as it existed in the …
The First Amendment And The Police In The Digital Age,
2016
University of Arkansas Little Rock
The First Amendment And The Police In The Digital Age, Kermit V. Lipez
The Journal of Appellate Practice and Process
No abstract provided.
But First, (Don’T) Let Me Take A Selfie: New Hampshire’S Ban On Ballot Selfies And First Amendment Scrutiny,
2016
William & Mary Law School
But First, (Don’T) Let Me Take A Selfie: New Hampshire’S Ban On Ballot Selfies And First Amendment Scrutiny, Emily Wagman
William & Mary Bill of Rights Journal
No abstract provided.
The Democratic First Amendment,
2016
University of California, Davis School of Law
The Democratic First Amendment, Ashutosh Bhagwat
Northwestern University Law Review
Over the past several decades, the Supreme Court and most First Amendment scholars have taken the position that the primary reason why the First Amendment protects freedom of speech is to advance democratic self-governance. In this Article, I will argue that this position, while surely correct insofar as it goes, is also radically incomplete. The fundamental problem is that the Court and, until recently, scholars have focused exclusively on the Religion Clauses and the Free Speech Clause. The rest of the First Amendment—the Press, Assembly, and Petition Clauses—might as well not exist. The topic of this Article is the five …
Rfra And The Affordable Care Act: Does The Contraception Mandate Discriminate Against Religious Employers?,
2016
Loyola Marymount University and Loyola Law School
Rfra And The Affordable Care Act: Does The Contraception Mandate Discriminate Against Religious Employers?, Alisa Lalana
Loyola of Los Angeles Law Review
No abstract provided.
Cultural Democracy And The First Amendment,
2016
Yale Law School
Cultural Democracy And The First Amendment, Jack M. Balkin
Northwestern University Law Review
Freedom of speech secures cultural democracy as well as political democracy. Just as it is important to make state power accountable to citizens, it is also important to give people a say over the development of forms of cultural power that transcend the state. In a free society, people should have the right to participate in the forms of meaning-making that shape who they are and that help constitute them as individuals.
The digital age shows the advantages of a cultural theory over purely democracy-based theories. First, the cultural account offers a more convincing explanation of why expression that seems …
Foreword,
2016
Northwestern University School of Law
Multifactoral Free Speech,
2016
Loyola University Chicago School of Law
Multifactoral Free Speech, Alexander Tsesis
Northwestern University Law Review
This Article presents a multifactoral approach to free speech analysis. Difficult cases present a variety of challenges that require judges to weigh concerns for the protection of robust dialogue, especially about public issues, against concerns that sound in common law (such as reputation), statutory law (such as repose against harassment), and in constitutional law (such as copyright). Even when speech is implicated, the Court should aim to resolve other relevant individual and social issues arising from litigation. Focusing only on free speech categories is likely to discount substantial, and sometimes compelling, social concerns warranting reflection, analysis, and application. Examining the …
Testimony On Unmanned Aircraft Systems Rules And Regulations,
2016
University of Oklahoma College of Law
Testimony On Unmanned Aircraft Systems Rules And Regulations, Stephen Henderson
Other Faculty Publications
Chairman Barrington, Vice Chair Brooks, members of the Committee on Public Safety, Senators, and distinguished guests, I am grateful for the opportunity to speak to you today about unmanned aerial systems, or drones, and more particularly about their federal constitutional implications and what might be the constitutional restrictions on any legislation you might like to enact. I am the Judge Haskell A. Holloman Professor of Law at the University of Oklahoma, where my teaching and research focus on criminal law and procedure and privacy, including the constitutional rights pertaining thereto.My topic is not an easy one. The constitutional law is …
Human Rights Law And Racial Hate Speech Regulation In Australia: Reform And Replace?,
2016
Charles Darwin University School of Law
Human Rights Law And Racial Hate Speech Regulation In Australia: Reform And Replace?, Dr. Alan Berman
Georgia Journal of International & Comparative Law
No abstract provided.
Grand Theory Or Discrete Proposal? Religious Accommodations And Health Related Harms,
2016
Lewis & Clark Law School
Grand Theory Or Discrete Proposal? Religious Accommodations And Health Related Harms, James M. Oleske Jr.
Washington and Lee Law Review Online
More than a quarter-century has passed since the Supreme Court decided in Employment Division v. Smith that religious accommodations are primarily a matter of legislative grace, not constitutional right. In that time, barrels of ink have been spilled over the merits of the Smith decision. But comparatively little attention has been given to the issue of how legislatures and other political actors should exercise their discretion to grant or deny specific religious accommodations. In their article To Accommodate or Not to Accommodate: (When) Should the State Regulate Religion to Protect the Rights of Children and Third Parties?, Professor Hillel …
The "Permeation" Issue In Federal Aid To Education,
2016
St. John's University School of Law
The "Permeation" Issue In Federal Aid To Education, George E. Reed
The Catholic Lawyer
No abstract provided.
