Open Access. Powered by Scholars. Published by Universities.®

First Amendment Commons™

Open Access. Powered by Scholars. Published by Universities.®

7,923 Full-Text Articles 5,572 Authors 8,438,830 Downloads 156 Institutions

All Articles in First Amendment

Faceted Search

7,923 full-text articles. Page 181 of 235.

How To Modestly Defend A Patently Defective Free Speech Rule, R. George Wright 2014 University of North Carolina School of Law

How To Modestly Defend A Patently Defective Free Speech Rule, R. George Wright

First Amendment Law Review

No abstract provided.


A Pulitzer From The North, A Libel Suit From The South: Reaction To Four Southern Editors' Civil Rights Coverage, 1954-1967, Aimee Edmondson 2014 University of North Carolina School of Law

A Pulitzer From The North, A Libel Suit From The South: Reaction To Four Southern Editors' Civil Rights Coverage, 1954-1967, Aimee Edmondson

First Amendment Law Review

No abstract provided.


Reflections On New York Times Co. V. Sullivan, 50 Years Later, Ashley Messenger 2014 University of North Carolina School of Law

Reflections On New York Times Co. V. Sullivan, 50 Years Later, Ashley Messenger

First Amendment Law Review

No abstract provided.


Hosanna-Tabor In The Religious Freedom Panopticon, Peter G. Danchin 2014 University of Maryland Francis King Carey School of Law

Hosanna-Tabor In The Religious Freedom Panopticon, Peter G. Danchin

Faculty Scholarship

No abstract provided.


Criminalizing Revenge Porn, Danielle Keats Citron, Mary Anne Franks 2014 University of Maryland Francis King Carey School of Law

Criminalizing Revenge Porn, Danielle Keats Citron, Mary Anne Franks

Faculty Scholarship

Violations of sexual privacy, notably the non-consensual publication of sexually graphic images in violation of someone's trust, deserve criminal punishment. They deny subjects' ability to decide if and when they are sexually exposed to the public and undermine trust needed for intimate relationships. Then too they produce grave emotional and dignitary harms, exact steep financial costs, and increase the risks of physical assault. A narrowly and carefully crafted criminal statute can comport with the First Amendment. The criminalization of revenge porn is necessary to protect against devastating privacy invasions that chill self-expression and ruin lives.


Politics Of Religious Freedom: Contested Genealogies, Peter G. Danchin, Saba Mahmood 2014 University of Maryland School of Law

Politics Of Religious Freedom: Contested Genealogies, Peter G. Danchin, Saba Mahmood

Faculty Scholarship

No abstract provided.


The Force Of A Legal Concept: The Steady Extension Of The Actual Malice Standard, Nat Stern 2014 University of North Carolina School of Law

The Force Of A Legal Concept: The Steady Extension Of The Actual Malice Standard, Nat Stern

First Amendment Law Review

No abstract provided.


New York Times Co. V. Sullivan: No Joking Matter - 50 Years Of Protecting Humor, Satire, And Jokers, Roy S. Gutterman 2014 University of North Carolina School of Law

New York Times Co. V. Sullivan: No Joking Matter - 50 Years Of Protecting Humor, Satire, And Jokers, Roy S. Gutterman

First Amendment Law Review

No abstract provided.


Lethal Injection And The Right Of Access: The Intersection Of The Eighth And First Amendments, Timothy F. Brown 2014 San Jose State University

Lethal Injection And The Right Of Access: The Intersection Of The Eighth And First Amendments, Timothy F. Brown

Faculty Publications, School of Management

The Spring and Summer of 2014 have witnessed renewed debate on the constitutionality of the death penalty after a series of high profile legal battles concerning access to lethal injection protocols and subsequent questionable executions. Due to shortages in the drugs traditionally used for the lethal injection, States have changed their lethal injection protocols to shield information from both the prisoners and the public. Citing public safety concerns, the States refuse to release information concerning the procurement of the drugs to the public. Such obstruction hinders the public’s ability to determine the cruelty of the punishment imposed and creates the …


The Collision Between The First Amendment And Securities Fraud, Wendy Gerwick Couture 2014 University of Idaho College of Law

The Collision Between The First Amendment And Securities Fraud, Wendy Gerwick Couture

Articles

This Article seeks to correct the imbalance that occurs when the First Amendment and securities fraud collide. Under current precedent, securities analysts, credit rating agencies, and financial journalists are subject to differing liability standards depending on whether they are sued for defamation or for securities fraud. Under New York Times Co. v. Sullivan, First Amendment protections apply in the defamation context in order to prevent the chilling of valuable speech, yet courts have declined to extend these protections to the securities fraud context. This imbalance threatens to chill valuable speech about public companies. To prevent the dangerous chilling effect of …


Chapter 519: Fortifying California’S Reporters’ Shield, Devina Douglas 2014 Pacific McGeorge School of Law

Chapter 519: Fortifying California’S Reporters’ Shield, Devina Douglas

McGeorge Law Review

No abstract provided.


Chapters 859 & 863: Model Revenge Porn Legislation Or Merely A Work In Progress?, Michelle Daniels 2014 Pacific McGeorge School of Law

Chapters 859 & 863: Model Revenge Porn Legislation Or Merely A Work In Progress?, Michelle Daniels

McGeorge Law Review

No abstract provided.


In Opposition Of Cultural Institutionalization Of Speech Following U.S. Intervention Into Foreign Governments, Carmen M. Cusack 2014 Barry University School of Law

In Opposition Of Cultural Institutionalization Of Speech Following U.S. Intervention Into Foreign Governments, Carmen M. Cusack

Barry Law Review

No abstract provided.


Has Society Become Tolerant Of Further Infringement On First Amendment Rights?, Nicholas Primrose 2014 Barry University School of Law

Has Society Become Tolerant Of Further Infringement On First Amendment Rights?, Nicholas Primrose

Barry Law Review

No abstract provided.


Mandatory Ultrasound Statutes And The First Amendment, Shifting The Constitutional Perspective, Cheri D. Smith 2014 University of Maryland - Baltimore

Mandatory Ultrasound Statutes And The First Amendment, Shifting The Constitutional Perspective, Cheri D. Smith

Women, Leadership & Equality

The jurisprudence of abortion law is replete with instances in which the concerns of the woman seeking the procedure have taken a back seat. The newest battleground in abortion regulation involves mandatory ultrasound statutes touted as informed consent regulations. The analysis of courts confronting these statutes has turned on whether the mandatory disclosures violate the physician’s First Amendment right to be free from compelled speech. The particular breed of statute at issue in this paper requires a physician not only to perform an ultrasound, but also to make the images visible to the woman, to make audible the heartbeat, and …


The Priest-Penitent Privilege Revisited: A Reply To The Statutes Of Abrogation, Jude O. Ezeanokwasa 2014 Metropolitan Tribunal of the Catholic Archdiocese of Miami

The Priest-Penitent Privilege Revisited: A Reply To The Statutes Of Abrogation, Jude O. Ezeanokwasa

Intercultural Human Rights Law Review

There is no gainsaying the fact that the near-pandemic social ill of child sex abuse calls for urgent attention given the many dire effects of the crime. Harm to children is not suffered by them alone. The immediate family, parents, and friends also suffer with them. Moreover, society is burdened by the existence of child sex abuse as it is called on to restore the physical and mental health of these often traumatized younger members. To nip this problem in the bud, pursuing the philosophy of early detection, all fifty states, the District of Columbia, American Samoa, Guam, Puerto Rico, …


Policing The Social Media Water Cooler: Recent Nlrb Decisions Should Make Employers Think Twice Before Terminating An Employee For Comments Posted On Social Media Sites, Eric Raphan, Sean Kirby 2014 University of Maryland Francis King Carey School of Law

Policing The Social Media Water Cooler: Recent Nlrb Decisions Should Make Employers Think Twice Before Terminating An Employee For Comments Posted On Social Media Sites, Eric Raphan, Sean Kirby

Journal of Business & Technology Law

No abstract provided.


Contents, First Amendment Law Review 2014 University of North Carolina School of Law

Contents, First Amendment Law Review

First Amendment Law Review

No abstract provided.


Weighing Constitutional Anchors: New York Times Co. V. Sullivan And The Misdirection Of First Amendment Doctrine, Ronald A. Cass 2014 University of North Carolina School of Law

Weighing Constitutional Anchors: New York Times Co. V. Sullivan And The Misdirection Of First Amendment Doctrine, Ronald A. Cass

First Amendment Law Review

No abstract provided.


The First Amendment Law Review's Annual Symposium: A Dialogue On The Legacy Of New York Times Co. V. Sullivan, Ken Paulson 2014 University of North Carolina School of Law

The First Amendment Law Review's Annual Symposium: A Dialogue On The Legacy Of New York Times Co. V. Sullivan, Ken Paulson

First Amendment Law Review

No abstract provided.


Digital Commons powered by bepress