First Amendment Commons^™

Section 5: First Amendment & Separation Of Powers, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Section 1: Moot Court: Town Of Greece V. Galloway, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Brief Of Eugene Volokh, Richard W. Garnett, Michael Stokes Paulsen, Timothy Zick, William E. Lee, Alan K. Chen, & Ronald J. Krotoszynski, Jr. As Amici Curiae In Support Of Petitioners, Kevin C. Walsh, Matthew A. Fitzgerald, Andriana S. Daly, Richard W. Garnett

Court Briefs

No. 12-1168
Eleanor McCullen v. Martha Coakley

On Writ of Certiorari to the United States Court of Appeals for the First Circuit

From the Summary of Argument

Even many steadfast supporters of abortion rights believed that the Court erroneously applied the First Amendment in Hill v. Colorado, 530 U.S. 703 (2000). As put bluntly by leading liberal scholar Professor Laurence Tribe, Hill was among the candidates for “most blatantly erroneous” decisions of the 1999 Term. Tribe added that the case was “slam-dunk simple” yet the Court got it “slam-dunk wrong.”

Specifically, pro-choice and pro-life scholars alike agreed that the …

A Constitutional Balancing In Need Of Adjustment: On Defamation, Breaches Of Confidentiality, And The Church, Mark P. Strasser

First Amendment Law Review

No abstract provided.

Contents, First Amendment Law Review

First Amendment Law Review

No abstract provided.

Physicians, Firearms & Free Expression: Reconciling First Amendment Theory With Doctrinal Analysis Regarding The Right To Pose Questions To Patients, Clay Calvert, Daniel Axelrod, Justin B. Hayes, Minch Minchin

First Amendment Law Review

No abstract provided.

Crushing Animals And Crashing Funerals: The Semiotics Of Free Expression, Harold Anthony Lloyd

First Amendment Law Review

No abstract provided.

It's My Party And I'Ll Do What I Want To: Political Parties, Unconstitutional Conditions, And The Freedom Of Association, Michael R. Dimino Sr.

First Amendment Law Review

No abstract provided.

Religious Liberty And The Financial War On Terror, Malick W. Ghachem

First Amendment Law Review

No abstract provided.

When Open Government And Academic Freedom Collide, Jonathan Peters, Charles N. Davis

First Amendment Law Review

No abstract provided.

The First Amendment: Religious Freedom For All, Including Muslims, Asma Uddin

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Re-Establishing Distributor Liability On The Internet: Recognizing The Applicability Of Traditional Defamation Law To Section 230 Of The Communications Decency Act Of 1996, William E. Buelow Iii

West Virginia Law Review

Plaintiffs whose reputations have suffered irreparable injury from the distribution of defamatory statements have generally been permitted by law to recover damages from the enterprises that distributed the publications known to contain the defamatory material. However, when the enterprise that knowingly distributed the injurious content is an Internet service provider ("ISP"), present law denies that same plaintiff recovery. This perception of ISP immunity flows from a decision by the United States Court of Appeals for the Fourth Circuit in Zeran v. America Online, Inc., where the Court extended certain immunities offered by the Communications Decency Act of 1996 (the "CDA"). …

The Mpaa: A Script For An Antitrust Production, Ian G. Henry

West Virginia Law Review

No abstract provided.

The Collision Of Social Media And Social Unrest: Why Shutting Down Social Media Is The Wrong Response, Mirae Yang

Northwestern Journal of Technology and Intellectual Property

With the growing availability of Internet access across the globe, social media has transformed the traditional relationship between government authority and its citizens by providing the people with an innovative and powerful means to harmonize their efforts in expressing their political and social concerns. The importance of safeguarding Internet availability is more critical than ever before as access to the Internet is now the means by which the world communicates, stays informed, and engages in daily tasks. In the face of potential social unrest fueled by social media, the United States must take a preventative approach, one that matches our …

Physician Speech And Mandatory Ultrasound Laws: The First Amendment's Limit On Compelled Ideological Speech, Jennifer M. Keighley

Cardozo Law Review

Since Planned Parenthood v. Casey opened the door to more pervasive state regulation of abortions, states have increasingly used their regulatory power to coerce physician speech. The Supreme Court has not yet explained, however, whether and how physicians' First Amendment rights limit such attempts to coerce state-mandated speech. This Article argues that while the precise contours of physicians' First Amendment rights have yet to be articulated, physicians certainly retain the core First Amendment right to refuse to speak the state's ideological messages. I then evaluate whether mandatory ultrasound laws, which require a physician to perform an ultrasound exam and to …

First Amendment Rights For Publishers And The Distribution Of Unsolicited Magazines To Inmates, Samantha Halpern

Pace Law Review

This Article discusses whether inmates have a First Amendment interest in receiving unsolicited publications, and whether a publisher has a First Amendment interest in distributing unsolicited publications. Part II will discuss the history of prisoners’ First Amendment rights, specifically in relation to publications and communications, and how the standard for First Amendment violations of prisoner rights has evolved over time. Part III will focus on the Supreme Court case Turner v. Safley and how the test articulated in Turner applied to cases that followed. Part IV will address whether the Turner standard was the appropriate test to apply to whether …

Constitutional Law—First Amendment—Social Media Rams The Tinker Schoolhouse Gate: A New Approach For Online Student Speech, S. Kate Fletcher

University of Arkansas at Little Rock Law Review

No abstract provided.

Don't Give Your Kid That Shot!: The Public Health Threat Posed By Anti-Vaccine Speech And Why Such Speech Is Not Guaranteed Full Protection Under The First Amendment, Amanda C. Naprawa

Cardozo Public Law, Policy & Ethics Journal

The article argues that antivaccination speech poses a significant threat to public health, and the law should be utilized to regulate such speech to prevent the spread of preventable diseases and protect vulnerable populations through herd immunity. While the First Amendment protects free speech, legal measures such as the FTC regulating false advertising and potential vaccine disparagement statutes can be effective tools in curbing harmful misinformation. The article emphasizes the need for a balanced approach that respects individual rights while safeguarding community health, supported by scientific consensus on vaccine safety and legal precedents like Jacobson v. Massachusetts.

Religiously Devout Judges: A Decision-Making Framework For Judicial Disqualification, Michelle L. Jones

Indiana Law Journal

No abstract provided.

The Sins Of Hosanna-Tabor, Leslie Griffin

Indiana Law Journal

The Supreme Court has lost sight of individual religious freedom. In Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC, the Court for the first time recognized the ministerial exception, a court-created doctrine that holds that the First Amendment requires the dismissal of many employment discrimination cases against religious employers. The Court ruled unanimously that Cheryl Perich, an elementary school teacher who was fired after she tried to return to school from disability leave, could not pursue an antidiscrimination lawsuit against her employer.

This Article criticizes Hosanna-Tabor as a profound misinterpretation of the First Amendment. The Court mistakenly protected religious institutions’ …