The Dangers Of Press Clause Dicta,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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?,
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,
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.
