Content-Based Confusion And Panhandling: Muddling A Weathered First Amendment Doctrine Takes Its Toll On Society's Less Fortunate,
2015
University of Richmond
Content-Based Confusion And Panhandling: Muddling A Weathered First Amendment Doctrine Takes Its Toll On Society's Less Fortunate, Clay Calvert
Richmond Journal of Law and the Public Interest
This article examines multiple problems now plaguing the fundamental dichotomy in First Amendment jurisprudence between content-based and content-neutral regulations of speech. The troubles were highlighted by the U.S. Supreme Court's 2014 divided decision in McCullen v. Coakley. Building from McCullen, this article uses a quartet of federal court rulings from 2014 and 2013 involving anti-begging ordinances affecting the homeless as analytical springboards for examining these issues in depth. Ultimately, the article proposes a three-step framework for mitigating the muddle and calls on the nation's high court to take action to clarify the proper test for distinguishing between content-based and content-neutral …
Religious Freedom: Why States Are Unconstitutionally Burdening Their Own Citizens As They “Lower” The Burden,
2015
Benjamin N. Cardozo School of Law
Religious Freedom: Why States Are Unconstitutionally Burdening Their Own Citizens As They “Lower” The Burden, Jason Goldman
Cardozo Law Review de•novo
Part I of this Note traces the development of the Supreme Court’s First Amendment precedent, including a discussion of Congress’s enactment of Federal RFRA. Part II introduces the states’ legislative efforts with regard to free exercise statutes, culminating with the problematic “burden” RFRA movement. Part III outlines a brief history of both the Establishment Clause and Separation of Powers doctrine, and analyzes how “burden” RFRAs are unconstitutional in light of each, respectively. Part IV discusses the implications of this progressive trend, specifically focusing on the boundless government litigation, civil rights concerns, and the health and safety issues that have resulted. …
Are Physician-Patient Communications Protected By The First Amendment?,
2015
Rutgers Law School
Are Physician-Patient Communications Protected By The First Amendment?, Martha Swartz
Cardozo Law Review de•novo
In the past several years, a number of states have enacted laws restricting physicians’ rights to speak freely with their patients. These laws go beyond informed consent laws enacted in most states in the 1960s and 1970s. While the informed consent laws require physicians to provide certain categories of information to patients prior to invasive treatment—such as the nature of the risks and benefits entailed—these new laws either prohibit physicians from discussing certain topics or mandate that they provide specific information to their patients that is only questionably supported by medical evidence. In the past several years, a number of …
Stubborn Things: An Empirical Approach To Facts, Opinions, And The First Amendment,
2015
Yale Law School
Stubborn Things: An Empirical Approach To Facts, Opinions, And The First Amendment, Daniel E. Herz-Roiphe
Michigan Law Review First Impressions
This essay offers an empirical approach to the problem, rooted in an argument that the underlying rationale for the fact/opinion distinction in compelled speech doctrine tells us something about how this distinction should be policed. Commercial speech enjoys protection by virtue of its value to listeners, it is from the listener's vantage point, then, that courts should assess whether a compelled disclosure is fact or opinion. And if we are interested in learning how disclosures will affect listeners, we might try asking them, just as courts adjudicating trademark suits frequently use consumer surveys to determine how customers understand the meaning …
That We Are Underlings: The Real Problems In Disciplining Political Spending And The First Amendment,
2015
Duke Law School
That We Are Underlings: The Real Problems In Disciplining Political Spending And The First Amendment, Jedediah Purdy
Faculty Scholarship
In the area of money in politics, change at the doctrinal level will follow only from change at the political level. The current doctrine is coherent, intelligible, and profoundly misplaced. Shifting it will take a movement.
Can A One-Star Review Get You Sued? The Right To Anonymous Speech On The Internet And The Future Of Internet “Unmasking” Statutes, 48 J. Marshall L. Rev. 693 (2015),
2015
UIC School of Law
Can A One-Star Review Get You Sued? The Right To Anonymous Speech On The Internet And The Future Of Internet “Unmasking” Statutes, 48 J. Marshall L. Rev. 693 (2015), Jesse Lively
UIC Law Review
No abstract provided.
Defamation And The Government Employee: Redefining Who Constitutes A Public Official,
2015
Assist. Prof. of Law, Belmont University College of Law
Defamation And The Government Employee: Redefining Who Constitutes A Public Official, Jeffrey Omar Usman
Loyola University Chicago Law Journal
No abstract provided.
Lance Armstrong Wins Again By Surviving A Lawsuit For Misrepresentations And Fraud Without So Much As A "Slapp" On The Wrist,
2015
Villanova University Charles Widger School of Law
Lance Armstrong Wins Again By Surviving A Lawsuit For Misrepresentations And Fraud Without So Much As A "Slapp" On The Wrist, Anna Haslinsky
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
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 …
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 …
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.
Protest, Policing, And The Petition Clause: A Review Of Ronald Krotoszynski's Reclaiming The Petition Clause,
2015
University of Missouri School of Law
Protest, Policing, And The Petition Clause: A Review Of Ronald Krotoszynski's Reclaiming The Petition Clause, Christina E. Wells
Faculty Publications
This essay, a short book review of Ronald Krotoszynski Jr.'s book, Reclaiming the Petition Clause Seditious Libel, "Offensive" Protest, and the Right to Petition the Government for Redress of Grievances, examines the variety of restrictions that actually affect protestors in the modern landscape. Professor Krotoszynski effectively argues that the Supreme Court's current use of content neutral time place and manner restrictions allows government officials to engage in surreptitious content censorship and also revives the defunct crime of seditious libel. His proposal to locate protestors' rights in the petition clause of the First Amendment is both historically grounded and attempts to …
Student Press Law: Past, Present, And Future,
2015
University of Kentucky
Student Press Law: Past, Present, And Future, David R. Wheeler
Theses and Dissertations--Communication
This dissertation will identify and describe the state of the law regarding student speech and press freedom. The following questions will be explored: What rights do young people have? What standards have state and federal courts established? To what extent and how clearly have state statutes defined student expressive rights? What do state laws say about this topic? What issues have yet to be addressed, either because a case has not raised certain issues or because the issue does not lend itself to compromise or a clear solution? How does the capacity of social media for widespread and rapid dissemination …
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 …
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 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 …
The Case For Evidence-Based Free Exercise Accommodation: Why The Religious Freedom Restoration Act Is Bad Public Policy,
2015
Benjamin N. Cardozo School of Law
The Case For Evidence-Based Free Exercise Accommodation: Why The Religious Freedom Restoration Act Is Bad Public Policy, Marci A. Hamilton
Articles
No abstract provided.
Ethics For Media Lawyers: The Lessons Of Ferguson,
2015
University of Michigan Law School
Ethics For Media Lawyers: The Lessons Of Ferguson, Leonard M. Niehoff
Articles
Ferguson, Missouri, has a population of roughly 21,000 people. Thirty cities in Missouri have larger populations. The Edward Jones Dome, where the St. Louis Rams play football, seats three times as many people. Most of us had never heard of Ferguson prior to August 9, 2014, when a police oficer named Darren Wilson shot and killed an unarmed black teenager named Michael Brown. But, to paraphrase the grim observation of Ambrose Bierce, war is how Americans learn geography. So, as violence and vandalism erupted on its streets, the nation turned its attention toward Ferguson and labored to understand the place, …
