Reflections On New York Times Co. V. Sullivan, 50 Years Later,
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,
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,
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,
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,
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,
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,
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,
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,
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?,
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,
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?,
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,
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 …
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,
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,
2014
University of North Carolina School of Law
Weighing Constitutional Anchors: New York Times Co. V. Sullivan And The Misdirection Of First Amendment Doctrine,
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.
Online Privacy And The First Amendment: An Opt-In Approach To Data Processing,
2014
Indiana University Maurer School of Law
Online Privacy And The First Amendment: An Opt-In Approach To Data Processing, Joseph A. Tomain
Articles by Maurer Faculty
An individual has little to no ability to prevent online commercial actors from collecting, using, or disclosing data about her. This lack of individual choice is problematic in the Big Data era because individual privacy interests are threatened by the ever increasing number of actors processing data, as well as the ever increasing amount and types of data being processed. This Article argues that online commercial actors should be required to receive an individual’s opt-in consent prior to data processing as a way of protecting individual privacy. I analyze whether an opt-in requirement is constitutionally permissible under the First Amendment …
The First Amendment Law Review's Annual Symposium: A Dialogue On The Legacy Of New York Times Co. V. Sullivan,
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.
Revitalizing Rosenbloom: The Matter Of Public Concern Standard In The Age Of The Internet,
2014
University of North Carolina School of Law
Revitalizing Rosenbloom: The Matter Of Public Concern Standard In The Age Of The Internet, Amy Kristin Sanders, Holly Miller
First Amendment Law Review
No abstract provided.
A Primer On Hobby Lobby: For-Profit Corporate Entities' Challenge To The Hhs Mandate, Free Exercise Rights, Rfra's Scope, And The Nondelegation Doctrine,
2014
Barry University
A Primer On Hobby Lobby: For-Profit Corporate Entities' Challenge To The Hhs Mandate, Free Exercise Rights, Rfra's Scope, And The Nondelegation Doctrine, Terri R. Day, Leticia M. Diaz, Danielle Weatherby
Faculty Scholarship
No abstract provided.
