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7,968 full-text articles. Page 181 of 237.

The Dangers Of Press Clause Dicta, RonNell Andersen Jones 2014 BYU Law

The Dangers Of Press Clause Dicta, Ronnell Andersen Jones

Faculty Scholarship

The United States Supreme Court has engaged in an unusual pattern of excessive dicta in cases involving the press. Indeed, a close examination of such cases reveals that it is one of the most consistent, defining characteristics of the U.S. Supreme Court’s media law jurisprudence in the last half century. The Court’s opinions in cases involving the media, while almost uniformly reaching conclusions based on other grounds, regularly include language about the constitutional or democratic character, duty, value, or role of the press — language that could be, but ultimately is not, significant to the constitutional conclusion reached. Although scholars …


Evaluating Candidacy Restrictions: The Implications Of New York's Modified Approach, Brian Hodgkinson 2014 Touro University Jacob D. Fuchsberg Law Center

Evaluating Candidacy Restrictions: The Implications Of New York's Modified Approach, Brian Hodgkinson

Touro Law Review

No abstract provided.


Curtailing The First Amendment Protection To Discovery, Silvia Durri 2014 Touro University Jacob D. Fuchsberg Law Center

Curtailing The First Amendment Protection To Discovery, Silvia Durri

Touro Law Review

No abstract provided.


The Occupy Wall Street Movement And The Constitution: Protestors Preoccupied With The First Amendment, Christine Verbitsky 2014 Touro University Jacob D. Fuchsberg Law Center

The Occupy Wall Street Movement And The Constitution: Protestors Preoccupied With The First Amendment, Christine Verbitsky

Touro Law Review

No abstract provided.


Don't Feed The Deer: Misapplications Of Statutory Vagueness And The First Amendment Overbreadth Doctrine, Brian Hodgkinson 2014 Touro University Jacob D. Fuchsberg Law Center

Don't Feed The Deer: Misapplications Of Statutory Vagueness And The First Amendment Overbreadth Doctrine, Brian Hodgkinson

Touro Law Review

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.


Political Power, A Religious Agenda, And The Failings Of The Endorsement Test: Hasidic Educational Separatism And The East Ramapo School Board, Kathleen Lockwood 2014 University of North Carolina School of Law

Political Power, A Religious Agenda, And The Failings Of The Endorsement Test: Hasidic Educational Separatism And The East Ramapo School Board, Kathleen Lockwood

First Amendment Law Review

No abstract provided.


Cooksey V. Futrell: The Fourth Circuit Illustrates How Informal Communications By State Authorities And Regulators Can Be Used To Establish Article Iii Standing And Ripeness In First Amendment Proceedings, Neal A. Inman 2014 University of North Carolina School of Law

Cooksey V. Futrell: The Fourth Circuit Illustrates How Informal Communications By State Authorities And Regulators Can Be Used To Establish Article Iii Standing And Ripeness In First Amendment Proceedings, Neal A. Inman

First Amendment Law Review

No abstract provided.


Put Your Mouth Where Your Money Is: How Political Organizations Profiteer Off The First Amendment And What Congress Should Do About It, Philip A. Thompson 2014 University of North Carolina School of Law

Put Your Mouth Where Your Money Is: How Political Organizations Profiteer Off The First Amendment And What Congress Should Do About It, Philip A. Thompson

First Amendment Law Review

No abstract provided.


Off-Label Promotion After United States V. Caronia, Brian M. Blood 2014 University of North Carolina School of Law

Off-Label Promotion After United States V. Caronia, Brian M. Blood

First Amendment Law Review

No abstract provided.


Reversing The Tide: Restoring First Amendment Ideals In America's Schools Through Legislative Protections For Journalism Students And Advisors, Christine Snyder 2014 Brigham Young University Law School

Reversing The Tide: Restoring First Amendment Ideals In America's Schools Through Legislative Protections For Journalism Students And Advisors, Christine Snyder

Brigham Young University Education and Law Journal

No abstract provided.


Off-Campus Cyberbullying: First Amendment Problems, Parameters, And Proposal, David R. Hostetler 2014 Brigham Young University Law School

Off-Campus Cyberbullying: First Amendment Problems, Parameters, And Proposal, David R. Hostetler

Brigham Young University Education and Law Journal

No abstract provided.


Unanswered Prayers: Lund V. Rowan County And The Permissiveness Of Sectarian Prayer In Municipalities, Kristopher L. Caudle 2014 University of North Carolina School of Law

Unanswered Prayers: Lund V. Rowan County And The Permissiveness Of Sectarian Prayer In Municipalities, Kristopher L. Caudle

First Amendment Law Review

No abstract provided.


An Update To Striking A Balance: Freedom Of The Press Versus Children's Privacy Interests In Juvenile Dependency Proceedings, William Wesley Patton, Kelly Crecco 2014 University of North Carolina School of Law

An Update To Striking A Balance: Freedom Of The Press Versus Children's Privacy Interests In Juvenile Dependency Proceedings, William Wesley Patton, Kelly Crecco

First Amendment Law Review

No abstract provided.


Toward A Multiple Consciousness Of Language: A Tribute To Professor Mari Matsuda, Shannon Gilreath 2014 Wake Forest University School of Law

Toward A Multiple Consciousness Of Language: A Tribute To Professor Mari Matsuda, Shannon Gilreath

Michigan Law Review First Impressions

I am thrilled to be part of this commemoration of the twenty-fifth anniversary of Professor Matsuda's influential article Public Response to Racist Speech: Considering the Victim's Story. I first read Matsuda's essay as a law student when, I must confess, the mind-numbing one-dimensionality of the law-as one must learn it in the prevailing method-drove me a little crazy. Law school is an environment where the Socratic method reduces people's stories-the stuff of which law is made-to something lawyers like to call "the facts," and where real-life people, in whom I saw so much of myself-people like Michael Hardwick, for example-get …


The Lawless Rule Of The Norm In The Government Religious Speech Cases, Kyle Langvardt 2014 Washington and Lee University School of Law

The Lawless Rule Of The Norm In The Government Religious Speech Cases, Kyle Langvardt

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


What You Sign Up For: Public University Restrictions On “Professional” Student Speech After Tatro V. University Of Minnesota, William Bush 2014 Washington and Lee University School of Law

What You Sign Up For: Public University Restrictions On “Professional” Student Speech After Tatro V. University Of Minnesota, William Bush

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Associations And The Constitution: Four Questions About Four Freedoms, Nelson Tebbe 2014 Cornell Law School

Associations And The Constitution: Four Questions About Four Freedoms, Nelson Tebbe

Cornell Law Faculty Publications

When should a constitutional democracy allow private associations to discriminate? That question has become prominent once again, not only in the United States but abroad as well. John Inazu provides a provocative answer in his impressive Article, The Four Freedoms and the Future of Religious Liberty. According to his proposal, “strong pluralism,” associations should have a constitutional right to limit membership on any ground, including race. Strong pluralism articulates only three limits: It does not apply to the government, to commercial entities, or to monopolistic groups. In this Response, I raise four questions about Four Freedoms. First, I ask why …


False Speech: Quagmire?, Christopher P. Guzelian 2014 University of San Diego

False Speech: Quagmire?, Christopher P. Guzelian

San Diego Law Review

Recently decided cases in several Federal Courts of Appeals and the United States Supreme Court show that First Amendment false speech case law is contradictory and unpredictable. This Article gives examples and concludes that legal liability for false speech will continue to be arbitrary and even susceptible to intentionally unjust decisionmaking if judges and juries individually and collectively disregard or downplay the necessity of an honest search for truth under the guise of tolerance and evenhandedness. If Americans wish to avoid an anything-goes “quagmire” about truth, they must—despite inevitable resistance in a civilization increasingly rife with skeptics—undergo transformations of their …


Unions And Campaign Finance Litigation, Charlotte Garden 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law

Unions And Campaign Finance Litigation, Charlotte Garden

Nevada Law Journal

No abstract provided.


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