Muzzling Antitrust: Information Products, Innovation And Free Speech,
2015
University of Connecticut School of Law
Muzzling Antitrust: Information Products, Innovation And Free Speech, Hillary Greene
Faculty Articles and Papers
How well does the American legal system balance the diverse values society espouses? Courts must often navigate values that are not consistent, commensurate, or subject to ordinal ranking. This article examines the confluence of incommensurate values within the important context of antitrust challenges to information product redesigns (e.g., Google, Nielsen). The information economy has given rise to the emergence of powerful firms in the business of information products. Some of these firms have had product redesigns challenged as anticompetitive. This article examines two defenses to these challenges. First, the products constitute protected speech and should be immunized entirely from antitrust …
Membership Crime Vs. The Right To Assemble, 48 J. Marshall L. Rev. 729 (2015),
2015
UIC School of Law
Membership Crime Vs. The Right To Assemble, 48 J. Marshall L. Rev. 729 (2015), Steven Morrison
UIC Law Review
The World War I (WWI) era generated the substantive First Amendment. Subsequent jurisprudence, however, has focused on the speech right and left the right to assemble underdeveloped. This is so because courts, lawyers, and scholars view the WWI cases as speech cases. In fact, these cases implicitly tested the assembly right more than they have been read to test the speech right because they involved “membership crime” – criminal conspiracy in federal and state courts, and criminal syndicalism at the state level. This Article uncovers the importance of the assembly right during the substantive First Amendment’s generation. It therefore serves …
Can Dead Soldiers Revive A "Dead" Doctrine? An Argument For The Revitalization Of "Fighting Words" To Protect Grieving Families Post-Snyder V. Phelps,
2015
Cleveland State University
Can Dead Soldiers Revive A "Dead" Doctrine? An Argument For The Revitalization Of "Fighting Words" To Protect Grieving Families Post-Snyder V. Phelps, Kevin P. Donoughe
Cleveland State Law Review
This Note avers that speech of the Westboro Baptist Church, in the context of funeral pickets, can be construed as targeted personal attacks on grieving families which have the potential to incite—and indeed have incited—immediate breaches of the peace and violent rebuttals. In light of Snyder, and the inadequacy of time, place, and manner statutes as a protection for grieving families, this Note argues for the revitalization of the “fighting words” doctrine to encompass targeted, ad hominem attacks from organizations like the Westboro Baptist Church, thereby leaving this speech unprotected by the First Amendment and exposing the speakers to tort …
A Mask That Eats Into The Face: Images And The Right Of Publicity,
2015
Georgetown University Law Center
A Mask That Eats Into The Face: Images And The Right Of Publicity, Rebecca Tushnet
Georgetown Law Faculty Publications and Other Works
In their eagerness to reward celebrities for the power of their “images,” and to prevent other people from exploiting those images, courts have allowed the right of publicity to distort the First Amendment. The power of the visual image has allowed courts to create an inconsistent, overly expansive regime that would be easily understood as constitutionally unacceptable were the same rules applied to written words as to drawings and video games. The intersection of a conceptually unbounded right with a category of objects that courts do not handle well has created deep inconsistencies and biases in the treatment of visual …
Commentary: Exploiting Mixed Speech,
2015
University of Miami School of Law
Commentary: Exploiting Mixed Speech, Caroline Mala Corbin
Articles
The Supreme Court has been taking advantage of mixed speech—that is, speech that is both private and governmental—to characterize challenged speech in a way that ultimately permits the government to sponsor Christian speech. In Pleasant Grove City v. Summum, a free speech case where the government accepted a Christian Ten Commandments monument but rejected a Summum Seven Aphorisms monument, the Court held that privately donated monuments displayed in public parks were government speech as opposed to private speech and therefore not subject to free speech limits on viewpoint discrimination. In Town of Greece v. Galloway, an establishment case …
Speech Or Conduct? The Free Speech Claims Of Wedding Vendors,
2015
University of Miami School of Law
Speech Or Conduct? The Free Speech Claims Of Wedding Vendors, Caroline Mala Corbin
Articles
No abstract provided.
Corporate Religious Liberty,
2015
University of Miami School of Law
The First Amendment And The Rpas,
2015
Georgia State University College of Law
The First Amendment And The Rpas, Caren M. Morrison
Faculty Publications By Year
No abstract provided.
The Jekyll And Hyde Of First Amendment Limits On The Regulation Of Judicial Campaign Speech,
2015
Indiana University Maurer School of Law
The Jekyll And Hyde Of First Amendment Limits On The Regulation Of Judicial Campaign Speech, Charles G. Geyh
Articles by Maurer Faculty
No abstract provided.
Book Review. Balancing Privacy And Free Speech: Unwanted Attention In The Age Of Social Media By Mark Tunick,
2015
Indiana University Maurer School of Law
Book Review. Balancing Privacy And Free Speech: Unwanted Attention In The Age Of Social Media By Mark Tunick, Kimberly Mattioli
Articles by Maurer Faculty
No abstract provided.
There Are No Racists Here: The Rise Of Racial Extremism, When No One Is Racist,
2015
Indiana University Maurer School of Law
There Are No Racists Here: The Rise Of Racial Extremism, When No One Is Racist, Jeannine Bell
Articles by Maurer Faculty
At first glance hate murders appear wholly anachronistic in post-racial America. This Article suggests otherwise. The Article begins by analyzing the periodic expansions of the Supreme Court’s interpretation of the protection for racist expression in First Amendment doctrine. The Article then contextualizes the case law by providing evidence of how the First Amendment works on the ground in two separate areas — the enforcement of hate crime law and on university campuses that enact speech codes. In these areas, those using racist expression receive full protection for their beliefs. Part III describes social spaces — social media and employment where …
The Rising None: Marsh, Galloway, And The End Of Legislative Prayer,
2015
Indiana University Maurer School of Law
The Rising None: Marsh, Galloway, And The End Of Legislative Prayer, Nicholas C. Roberts
Indiana Law Journal
No abstract provided.
Citizens Disunited: Mccutcheon V. Federal Election Commission,
2015
Indiana Tech Law School
Citizens Disunited: Mccutcheon V. Federal Election Commission, Adam Lamparello
Indiana Law Journal
The wealthy are democracy’s darlings, the middle class are its stepchildren, and the poor are its orphans. Corporate giants line the pockets of senatorial candidates—and purchase influence—while average citizens walk into a polling station and cast a largely symbolic vote. Stated simply, money creates a soft inequality by dominating the political process. Like the “soft bigotry of low expectations,”69 the soft inequality embedded in our political system has created a liberty gap between the prosperous and the poor. McCutcheon was an opportunity to bridge this gap. Instead, the Court enshrined the status quo by holding that Congress could only regulate …
Dystopian Constitutionalism,
2015
University of South Carolina School of Law
Dystopian Constitutionalism, Thomas P. Crocker
Faculty Publications
This article describes and defends the distinctive role and rich tradition of using contrastive dystopian states in constitutional theory and practice. As constitutional tradition going back to the founding, U.S. constitutional analysis was replete with arguments about what practices would lead to an undesirable state of tyranny. In more recent constitutional history, the use of contrasting examples of the “police state,” totalitarianism, or Orwellian references have been prevalent in Supreme Court opinions across doctrinal domains, most recently making a prominent appearance at oral argument in the Fourth Amendment case, United States v. Jones. In contrast to more comprehensive constitutional theories, …
Of Word Grenades And Impermeable Walls: Imperial Scholarship Then And Now,
2015
Loyola University Chicago School of Law
Of Word Grenades And Impermeable Walls: Imperial Scholarship Then And Now, Juan F. Perea
Faculty Publications & Other Works
No abstract provided.
Antisemitism And Hate Speech Studies,
2015
Loyola University Chicago, School of Law
Antisemitism And Hate Speech Studies, Alexander Tsesis
Faculty Publications & Other Works
No abstract provided.
Abortion And Compelled Physician Speech,
2015
University of Nevada, Las Vegas -- William S. Boyd School of Law
Abortion And Compelled Physician Speech, David Orentlicher
Scholarly Works
No abstract provided.
A Word Of Warning From A Woman: Arbitrary, Categorical, And Hidden Religious Exemptions Threaten Lgbt Rights,
2015
University of Nevada, Las Vegas -- William S. Boyd School of Law
A Word Of Warning From A Woman: Arbitrary, Categorical, And Hidden Religious Exemptions Threaten Lgbt Rights, Leslie C. Griffin
Scholarly Works
Religious exemptions have already undermined women’s rights. Now exemptions threaten gays and lesbians. The Constitution protected women’s equality and liberty until religious exemptions eroded them. Today, as gays and lesbians stand on the threshold of marriage equality, religious exemptions threaten to diminish their hard-earned constitutional right. For this reason, I argue it is past time to reject the religious exemption theory of religious liberty, which privileges religion over civil and constitutional rights, in favor of neutral laws that govern all. Religious exemptions pervade American law in numerous ways that are harmful to civil rights.
In this essay, I identify three …
Speaker Discrimination: The Next Frontier Of Free Speech,
2015
University of Nevada, Las Vegas -- William S. Boyd School of Law
Speaker Discrimination: The Next Frontier Of Free Speech, Michael Kagan
Scholarly Works
Citizens United v. FEC articulated a new pillar of free speech doctrine that is independent from the well-known controversies about corporate personhood and the role of money in elections. For the first time, the Supreme Court clearly said that discrimination on the basis of the identity of the speaker offends the First Amendment. Previously, the focus of free speech doctrine had been on the content and forum of speech, not on the identity of the speaker. This new doctrine has the potential to reshape free speech law far beyond the corporate speech and campaign finance contexts. This article explores the …
Do Immigrants Have Freedom Of Speech?,
2015
University of Nevada, Las Vegas -- William S. Boyd School of Law
Do Immigrants Have Freedom Of Speech?, Michael Kagan
Scholarly Works
The Department of Justice recently argued that immigrants who have not been legally admitted to the United States have no right to claim protections under the First Amendment. If the DOJ argument is right, then most of the 11 million unauthorized immigrants in the U.S. could be censored or punished for speaking their minds – as many of them have in support of comprehensive immigration reform and the Dream Act. This Essay explores the complicated and conflicted case law governing immigrants’ free speech rights, and argues that, contrary to the DOJ position, all people in the United States are protected …
