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Occupy The Parks: Restoring The Right To Overnight Protest In Public Parks, Udi Ofer 2016 New York Civil Liberties Union; New York Law School

Occupy The Parks: Restoring The Right To Overnight Protest In Public Parks, Udi Ofer

Fordham Urban Law Journal

No abstract provided.


Rluipa: Necessary, Modest, And Under-Enforced, Douglas Laycock, Luke W. Goodrich 2016 University of Virginia

Rluipa: Necessary, Modest, And Under-Enforced, Douglas Laycock, Luke W. Goodrich

Fordham Urban Law Journal

No abstract provided.


The Right To Occupy—Occupy Wall Street And The First Amendment, Sarah Kunstler 2016 Fordham Law School

The Right To Occupy—Occupy Wall Street And The First Amendment, Sarah Kunstler

Fordham Urban Law Journal

No abstract provided.


Rluipa Is A Bridge Too Far: Inconvenience Is Not Discrimination, Marci A. Hamilton 2016 Benjamin N. Cardozo School of Law, Yeshiva University

Rluipa Is A Bridge Too Far: Inconvenience Is Not Discrimination, Marci A. Hamilton

Fordham Urban Law Journal

No abstract provided.


Brief Of Religious Liberty Scholars As Amici Curiae In Support Of Petitioners, Steven T. Collis, Michael Robertson, Adam A. Hubbard, Douglas Laycock, Gerard V. Bradley, Richard W. Garnett, Kristine J. Kalanges 2016 Holland & Hart LLP

Brief Of Religious Liberty Scholars As Amici Curiae In Support Of Petitioners, Steven T. Collis, Michael Robertson, Adam A. Hubbard, Douglas Laycock, Gerard V. Bradley, Richard W. Garnett, Kristine J. Kalanges

Court Briefs

No. 15-862
Stormans, Inc. v. John Wiesman

On Petition for a Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit

From the Summary of Argument

This Court’s free-exercise jurisprudence is defined by two cases with facts at opposite ends of a continuum. The Court decided them a quarter century ago, and it has provided no further guidance despite a growing circuit split. Lower courts that carefully examined this Court’s opinions found a clear rule that governments must treat religious conduct as well as they treat analogous secular conduct—or face strict scrutiny. But that rule has …


A First Amendment Right To Observe Elections: Fulfilling The Dream Of Richmond Newspapers By Extending It To The Polling Place, Andrew D. Howell 2016 The Catholic University of America, Columbus School of Law

A First Amendment Right To Observe Elections: Fulfilling The Dream Of Richmond Newspapers By Extending It To The Polling Place, Andrew D. Howell

Catholic University Law Review

The First Amendment has long been held to protect the right of citizens to gather information. In 1980, the Supreme Court articulated a two-pronged test in Richmond Newspapers v. Virginia, which examined both the “experience” and “logic” of granting public access to criminal trials. The jurisprudence of lower courts has since extended this qualified First Amendment presumptive right of access to civil trial and administrative hearings. This Comment examines the extension of this constitutional test to the governmental process at work at polling places. This Comment argues that the public, via the powerful vehicle of the press, ultimately meets …


Millennials, Equity, And The Rule Of Law: 2014 National Lawyers Convention, How First Amendment Procedures Protect First Amendment Substance, Erik S. Jaffe, Aaron H. Caplan, Robert A. Destro, Todd P. Graves, Alan B. Morrison, Eugene Volokh, David R. Stras 2016 The Catholic University of America, Columbus School of Law

Millennials, Equity, And The Rule Of Law: 2014 National Lawyers Convention, How First Amendment Procedures Protect First Amendment Substance, Erik S. Jaffe, Aaron H. Caplan, Robert A. Destro, Todd P. Graves, Alan B. Morrison, Eugene Volokh, David R. Stras

Catholic University Law Review

A panel, at the National Lawyers Convention, discussed procedure as it relates to First Amendment rights. The panel set forth how First Amendment procedures have historically protected First Amendment substance and discussed modern applications of the issue. For example, the prior restraint doctrine, overbreadth doctrine, the allocation of the burden of proof and relaxation of ripeness rules have important implications for challenging restrictions on speech and defending against libel and defamation.

The interaction of free speech and due process is often seen in litigation involving civil harassment orders, or civil protection orders. In many jurisidictions the definition of harassment permits …


Privacy Petitions And Institutional Legitimacy, Lauren Henry Scholz 2016 Florida State University College of Law

Privacy Petitions And Institutional Legitimacy, Lauren Henry Scholz

Scholarly Publications

This Article argues that a petitions process for privacy concerns arising from new technologies would substantially aid in gauging privacy social norms and legitimating regulation of new technologies. An accessible, transparent petitions process would empower individuals who have privacy concerns by making their proposals for change more visible. Moreover, data accumulated from such a petitions process would provide the requisite information to enable institutions to incorporate social norms into privacy policy development. Hearing and responding to privacy petitions would build trust with the public regarding the role of government and large companies in shaping the modern privacy technical infrastructure. This …


Teacher Blogging Redux: Post With Caution, Charles J. Russo, Marcus Heath 2016 University of Dayton

Teacher Blogging Redux: Post With Caution, Charles J. Russo, Marcus Heath

Educational Leadership Faculty Publications

In the December 2014 issue of School Business Affairs, this column (Russo 2014) addressed a case from Pennsylvania, Munroe v. Central Bucks School District (2014), that explored the free speech rights of public school teachers who blog on the Internet.

In Munroe, a school board in Pennsylvania dismissed a tenured high school teacher who posted controversial, derogatory remarks about her students and others on her personal blog. The Third Circuit subsequently affirmed that insofar as the blog entries were disruptive to school operations, the teacher’s dismissal did not violate the First Amendment (Munroe 2015).

Munroe highlights the need for school …


Incitement, Threats, And Constitutional Guarantees: First Amendment Protections Pre- And Post-Elonis, Mark Strasser 2016 Capital University Law School

Incitement, Threats, And Constitutional Guarantees: First Amendment Protections Pre- And Post-Elonis, Mark Strasser

The University of New Hampshire Law Review

[Excerpt] "While the First Amendment to the United States Constitution protects the freedom of expression, individuals issuing threats or advocating illegal conduct may be subject to punishment. What constitutes proscribable speech has long been evolving, and the recent jurisprudence suggests that First Amendment protections are more robust for advocacy of illegal conduct than for threats. Elonis v. United States provided the Court with a golden opportunity to clarify First Amendment threat jurisprudence; however, those hoping for an illuminating analysis cannot help but be disappointed. Part I of this Article discusses the developing First Amendment jurisprudence regarding the regulation of incitement, …


Technical Speech: Patents, Expert Knowledge, And The First Amendment, Feroz Ali 2016 Indian Institute of Technology - Madras

Technical Speech: Patents, Expert Knowledge, And The First Amendment, Feroz Ali

Minnesota Journal of Law, Science & Technology

No abstract provided.


The First Amendment And The World, Timothy Zick 2016 William & Mary Law School

The First Amendment And The World, Timothy Zick

Popular Media

No abstract provided.


The Absurd Logic Behind Florida’S Docs Vs. Glocks Law, Dahlia Lithwick, Sonja R. West 2016 University of Georgia School of Law

The Absurd Logic Behind Florida’S Docs Vs. Glocks Law, Dahlia Lithwick, Sonja R. West

Popular Media

This article published at Slate.com on January 8, 2016, reviews the Wollschlaeger v. Governor of the State of Florida case in which the Florida legislature passed a law that bars health care workers from discussing or recording anything about their patients’ gun ownership or safety practices that could be deemed in bad faith, irrelevant, or harassing.


Dueling Monologues On The Public Domain: What Digital Copyright Can Learn From Antitrust, Timothy K. Armstrong 2016 Professor of Law, University of Cincinnati College of Law

Dueling Monologues On The Public Domain: What Digital Copyright Can Learn From Antitrust, Timothy K. Armstrong

The University of Cincinnati Intellectual Property and Computer Law Journal

This article, written for the inaugural volume of the University of Cincinnati Intellectual Property and Computer Law Journal, explores the disconnect between contemporary United States intellectual property law and the often quite different consensus views of disinterested expert opinion. Questions concerning how copyright law treats the public domain (that is, uncopyrighted material) supply a lens for comparing the law as it stands with the law as scholars have suggested it should be. The ultimate goal is to understand why a quarter century of predominantly critical scholarship on intellectual property seems to have exerted such limited influence on Congress and …


Sinclair's Nightmare: Slapp-Ing Down Ag-Gag Legislation As Content-Based Restrictions Chilling Protected Free Speech, Jeffrey Vizcaino 2016 Florida A&M University College of Law

Sinclair's Nightmare: Slapp-Ing Down Ag-Gag Legislation As Content-Based Restrictions Chilling Protected Free Speech, Jeffrey Vizcaino

Student Works

Over a century after its publication, Upton Sinclair’s 1906 novel, The Jungle, remains one of the most impactful pieces of investigative literature ever published. During 1904, in an effort to expose the heinous working conditions of Chicago’s meat packing industry, Sinclair went under disguise as a factory worker for seven weeks. While Sinclair’s purpose for The Jungle was to propel federal reform against inhumane work conditions, it was the first-hand depiction of the callous slaughtering and unsanitary processing of meat products which led to national uproar. Gaining the attention of national political leaders, including President Theodore Roosevelt, The Jungle …


Brief For Catholics For Choice Et Al. As Amici Curiae Supporting Respondents, Zubik V. Burwell, Leslie C. Griffin 2016 University of Nevada, Las Vegas -- William S. Boyd School of Law

Brief For Catholics For Choice Et Al. As Amici Curiae Supporting Respondents, Zubik V. Burwell, Leslie C. Griffin

Supreme Court Briefs

No abstract provided.


Exceptional And Universal? Religious Freedom In American International Law, Peter G. Danchin 2016 University of Maryland School of Law

Exceptional And Universal? Religious Freedom In American International Law, Peter G. Danchin

Faculty Scholarship

No abstract provided.


Platform Neutrality: Enhancing Freedom Of Expression In Spheres Of Private Power, Frank A. Pasquale 2016 University of Maryland Francis King Carey School of Law

Platform Neutrality: Enhancing Freedom Of Expression In Spheres Of Private Power, Frank A. Pasquale

Faculty Scholarship

No abstract provided.


The First Amendment And The Corporate Civil Rights Movement, Tamara R. Piety 2016 University of Maryland Francis King Carey School of Law

The First Amendment And The Corporate Civil Rights Movement, Tamara R. Piety

Journal of Business & Technology Law

No abstract provided.


Voting Is Association, Daniel P. Tokaji 2016 The Ohio State University Moritz College of Law

Voting Is Association, Daniel P. Tokaji

Florida State University Law Review

No abstract provided.


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