Occupy The Parks: Restoring The Right To Overnight Protest In Public Parks,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
2016
William & Mary Law School
The Absurd Logic Behind Florida’S Docs Vs. Glocks Law,
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,
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,
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,
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,
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,
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,
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,
2016
The Ohio State University Moritz College of Law
Voting Is Association, Daniel P. Tokaji
Florida State University Law Review
No abstract provided.
