Elonis V. United States: The Need To Uphold Individual Rights To Free Speech While Protecting Victims Of Online True Threats,
2016
University of Maryland Francis King Carey School of Law
Elonis V. United States: The Need To Uphold Individual Rights To Free Speech While Protecting Victims Of Online True Threats, Alison J. Best
Maryland Law Review
No abstract provided.
Two Views Of First Amendment Thought Privacy,
2016
Brooklyn Law School
Two Views Of First Amendment Thought Privacy, Adam J. Kolber
Faculty Scholarship
No abstract provided.
A Tricky Negotiation: Free Speech Versus Insensitivity,
2016
University of Southern California
A Tricky Negotiation: Free Speech Versus Insensitivity, Melvin Dilanchian
Washington University Undergraduate Law Review
The central question presented in this paper is whether specialty license plates constitute government speech, and are thus subject to disapproval by the Board of the Texas Department of Motor Vehicles. The core concerns reviewed in this research, largely focus on defining whose speech specialty license plates are. The purpose is to investigate and analyze the precedent established as a result of a recent case, Walker v. Texas Division, Sons of Confederate Veterans. The paper thoroughly reviews the arguments made in the majority opinion, as well as those of the dissenting opinion, with an interdisciplinary approach. The argument presented …
Etw Corp. V. Jireb Publishing, Inc.: Turning An Athlete's Publicity Over To The Public,
2016
University of Georgia School of Law
Etw Corp. V. Jireb Publishing, Inc.: Turning An Athlete's Publicity Over To The Public, Michael J. Breslin
Journal of Intellectual Property Law
No abstract provided.
The Digital Millennium Copyright Act And The First Amendment: Can They Co-Exist?,
2016
University of Georgia School of Law
The Digital Millennium Copyright Act And The First Amendment: Can They Co-Exist?, Rachel Simpson Shockley
Journal of Intellectual Property Law
No abstract provided.
Eldred V. Reno: An Example Of The Law Of Unintended Consequences,
2016
University of Georgia School of Law
Eldred V. Reno: An Example Of The Law Of Unintended Consequences, L. Ray Patterson
Journal of Intellectual Property Law
No abstract provided.
Virtual Politics And The 2000 Election: Does First Amendment Protection Extend To Political Speech On The Internet?,
2016
University of Georgia School of Law
Virtual Politics And The 2000 Election: Does First Amendment Protection Extend To Political Speech On The Internet?, Amity Hough Farrar
Journal of Intellectual Property Law
No abstract provided.
A New Test To Reconcile The Right Of Publicity With Core First Amendment Values,
2016
Florida State University College of Law
A New Test To Reconcile The Right Of Publicity With Core First Amendment Values, Mark Joseph Stern, Nat Stern
Journal of Intellectual Property Law
No abstract provided.
Java: An Innovation In Software Development And A Dilemma In Copyright Law,
2016
University of Georgia School of Law
Java: An Innovation In Software Development And A Dilemma In Copyright Law, Michael P. Doerr
Journal of Intellectual Property Law
No abstract provided.
Words Of Wisdom From The Founding Fathers: Why
The Internal Revenue Service Should Let Churches Be,
2016
Pepperdine University
Words Of Wisdom From The Founding Fathers: Why The Internal Revenue Service Should Let Churches Be, Sophia Benavides
Journal of the National Association of Administrative Law Judiciary
Part I of this comment will explore the foundations of the First Amendment, as the Constitution is a framework on which the United States continues to rest. An examination of the events contributing and leading to the drafting of the Constitution will illuminate the rationale behind the tenets put forth by the Founding Fathers. More specifically, this comment will devote emphasis to the Founding Fathers’ objectives regarding the state in relation to religion. This emphasis will provide insight into the perspective of the Founders at the time of drafting the First Amendment. Furthermore, this section will illustrate how the separation …
Will The Real Candidate Please Stand Up?: Political Parody On The Internet,
2016
Stanford University
Will The Real Candidate Please Stand Up?: Political Parody On The Internet, Jon H. Oram
Journal of Intellectual Property Law
No abstract provided.
To Show, Or Not To Show—That Was The Question: A Discussion Regarding The First Amendment Issues Implicated By The Sony Pictures Entertainment Cyberhack & The Interview Debacle,
2016
Pepperdine University
To Show, Or Not To Show—That Was The Question: A Discussion Regarding The First Amendment Issues Implicated By The Sony Pictures Entertainment Cyberhack & The Interview Debacle, Chelsey Huso
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Religious Disestablishment And The Fourteenth Amendment,
2016
St. John's University School of Law
Religious Disestablishment And The Fourteenth Amendment, Joseph M. Snee, S.J.
The Catholic Lawyer
No abstract provided.
Dialogue On State Action,
2016
Touro Law School
Dialogue On State Action, Martin A. Schwartz, Erwin Chemerinsky
Touro Law Review
No abstract provided.
A Response To Mr. Y'Barbo's Reply,
2016
University of Georgia School of Law
A Response To Mr. Y'Barbo's Reply, L. Ray Patterson
Journal of Intellectual Property Law
No abstract provided.
On Legal Protection For Electronic Texts: A Reply To Professor Patterson And Judge Birch,
2016
Fulbright & Jaworski L.L.P., Houston, Texas
On Legal Protection For Electronic Texts: A Reply To Professor Patterson And Judge Birch, Douglas Y'Barbo
Journal of Intellectual Property Law
No abstract provided.
Burning The Village To Roast The Pig: Congressional Attempt To Regulate "Indecency" On The Internet Rejected In Aclu V. Reno,
2016
University of Georgia School of Law
Burning The Village To Roast The Pig: Congressional Attempt To Regulate "Indecency" On The Internet Rejected In Aclu V. Reno, James M. Mcgee
Journal of Intellectual Property Law
No abstract provided.
Of Reasonable Readers And Unreasonable Speakers: Libel Law In A Networked World,
2016
University of Missouri School of Law
Of Reasonable Readers And Unreasonable Speakers: Libel Law In A Networked World, Lyrissa Lidsky, Ronnell Anderson Jones
Faculty Publications
Social-media libel cases require courts to map existing defamation doctrines onto social-media fact patterns in ways that create adequate breathing space for expression without lincensing character assassination. This Article explores these challenges by investigating developments involving two important constitutional doctrines - the so-called opinion privlege, which protects statements that are unverifiable or cannot be regarded as stating actual facts about a person, and the actual malice rule, which requires defamation plaintiff's who are public officials or public figures to prove that the defendant made a defamatory statement with knowledge of or reckless disregard for, its falsity. Given the critical role …
Lawyer Speech In The Regulatory State,
2016
Michigan State University College of Law
Lawyer Speech In The Regulatory State, Renee Newman Knake
Fordham Law Review
A lawyer’s speech as advisor and advocate not only holds First Amendment value for the client and for the public, but also for the functioning of American democracy. This is supported both by foundational values undergirding the First Amendment as well as Supreme Court doctrine. This Article builds upon that analysis to posit that lawyers for the regulatory state ought not to be treated as government employees for purposes of the First Amendment when engaged in speech about workplace conditions related to curbing abuse of power, corruption, or other illegality. While this position runs counter to the existing precedent of …
Prove Yourselves: Oliver Wendell Holmes And The Obsessions Of Manliness,
2016
St. Thomas University School of Law
Prove Yourselves: Oliver Wendell Holmes And The Obsessions Of Manliness, John M. Kang
West Virginia Law Review
No abstract provided.
