False Statements V. Free Debate: Is The First Amendment A License To Lie In Elections?,
2012
University of Florida Levin College of Law
False Statements V. Free Debate: Is The First Amendment A License To Lie In Elections?, Simon A. Rodell
Florida Law Review
No abstract provided.
Returning To Hazelwood'S Core: A New Approach To Restrictions On School-Sponsored Speech,
2012
Pace University School of Law
Returning To Hazelwood'S Core: A New Approach To Restrictions On School-Sponsored Speech, Emily Gold Waldman
Florida Law Review
This Article begins by discussing the Hazelwood decision in depth. It then discusses the various contexts in which courts have applied Hazelwood and the circuit split that has developed over how broadly Hazelwood should reach. Next, it describes the circuit split over whether Hazelwood permits viewpoint-based speech restrictions, highlighting the different speech contexts in which the circuits have reached divergent conclusions. The Article then argues that the overextension of Hazelwood links the two splits. This Part also discusses why Hazelwood is uniquely suited to the student speech context and why other doctrines—namely, the Pickering–Connick framework for teachers’ classroom …
Ban On Nude Dancing Strips Away First Amendment Rights To Protect "Order And Morality" In Barnes V. Glen Theatre, Inc.,
2012
Pepperdine University
Ban On Nude Dancing Strips Away First Amendment Rights To Protect "Order And Morality" In Barnes V. Glen Theatre, Inc., Shannon Mclin Carlyle
Pepperdine Law Review
No abstract provided.
The Policy Against Federal Funding For Abortions Extends Into The Realm Of Free Speech After Rust V. Sullivan,
2012
Pepperdine University
The Policy Against Federal Funding For Abortions Extends Into The Realm Of Free Speech After Rust V. Sullivan, Loye M. Barton
Pepperdine Law Review
No abstract provided.
California's Constitutional Right To Privacy,
2012
Pepperdine University
California's Constitutional Right To Privacy, J. Clark Kelso
Pepperdine Law Review
No abstract provided.
Bridging The Liability Gap: How Kowalski's Interpretation Of Reasonable Foreseeability Limits School Liability For Inaction In Cases Of Cyberbullying,
2012
William & Mary Law School
Bridging The Liability Gap: How Kowalski's Interpretation Of Reasonable Foreseeability Limits School Liability For Inaction In Cases Of Cyberbullying, Christopher A. Sickles
William & Mary Bill of Rights Journal
No abstract provided.
The Private Club Exemption From Civil Rights Legislation - Sanctioned Discrimination Or Justified Protection Of Right To Associate,
2012
Pepperdine University
The Private Club Exemption From Civil Rights Legislation - Sanctioned Discrimination Or Justified Protection Of Right To Associate, Margaret E. Koppen
Pepperdine Law Review
No abstract provided.
According To An Unnamed Official: Reconsidering The Consequences Of Confidential Source Agreements When Promises Are Broken By The Press,
2012
Pepperdine University
According To An Unnamed Official: Reconsidering The Consequences Of Confidential Source Agreements When Promises Are Broken By The Press, Peri Z. Hansen
Pepperdine Law Review
No abstract provided.
Masson V. New Yorker Magazine, Inc.: Permission For Journalists To Quote What I Mean, Not What I Say,
2012
Pepperdine University
Masson V. New Yorker Magazine, Inc.: Permission For Journalists To Quote What I Mean, Not What I Say, Kevin M. Erwin
Pepperdine Law Review
No abstract provided.
Government's Denigration Of Religion: Is God The Victim Of Discrimination In Our Public Schools?,
2012
Pepperdine University
Government's Denigration Of Religion: Is God The Victim Of Discrimination In Our Public Schools?, Michael R. O'Neill
Pepperdine Law Review
No abstract provided.
Lee V. Weisman: Unanswered Prayers,
2012
Pepperdine University
Lee V. Weisman: Unanswered Prayers, Marilyn Perrin
Pepperdine Law Review
No abstract provided.
Board Of Education Of Kiryas Joel Village
School District V. Grunet:
The Supreme Court Shall Make No Law
Defining An Establishment Of Religion,
2012
Pepperdine University
Board Of Education Of Kiryas Joel Village School District V. Grunet: The Supreme Court Shall Make No Law Defining An Establishment Of Religion, Joanne Kuhns
Pepperdine Law Review
No abstract provided.
Building The House On A Weak Foundation:
Edenfield V. Fane And The Current State Of
The Commercial Speech Doctrine,
2012
Pepperdine University
Building The House On A Weak Foundation: Edenfield V. Fane And The Current State Of The Commercial Speech Doctrine, Dennis William Bishop
Pepperdine Law Review
No abstract provided.
A First Amendment Exception To The "Collateral Bar" Rule: Protecting Freedom Of Expression And The Legitimacy Of Courts,
2012
Pepperdine University
A First Amendment Exception To The "Collateral Bar" Rule: Protecting Freedom Of Expression And The Legitimacy Of Courts, Richard Labunski
Pepperdine Law Review
No abstract provided.
To Drink The Cup Of Fury: Funeral Picketing, Public Discourse And The First Amendment,
2012
IIT Chicago-Kent College of Law
To Drink The Cup Of Fury: Funeral Picketing, Public Discourse And The First Amendment, Steven J. Heyman
All Faculty Scholarship
In Snyder v. Phelps, the Supreme Court held that the Westboro Baptist Church had a First Amendment right to picket the funeral of a young soldier killed in Iraq. This decision reinforces a position that has become increasingly prevalent in First Amendment jurisprudence – the view that the state may not regulate public discourse to protect individuals from emotional or dignitary injury. In this Article, I argue that this view is deeply problematic for two reasons: it unduly sacrifices the value of individual personality and it tends to undermine the sphere of public discourse itself by negating the practical and …
Graffiti Museum: A First Amendment Argument For Protecting Uncommissioned Art On Private Property,
2012
University of Michigan Law School
Graffiti Museum: A First Amendment Argument For Protecting Uncommissioned Art On Private Property, Margaret L. Mettler
Michigan Law Review
Graffiti has long been a target of municipal legislation that aims to preserve property values, public safety, and aesthetic integrity in the community. Not only are graffitists at risk of criminal prosecution but property owners are subject to civil and criminal penalties for harboring graffiti on their land. Since the 1990s, most U.S. cities have promulgated graffiti abatement ordinances that require private property owners to remove graffiti from their land, often at their own expense. These ordinances define graffiti broadly to include essentially any surface marking applied without advance authorization from the property owner. Meanwhile, graffiti has risen in prominence …
The Fourth Estate And The Third Level: Turner Broadcasting System, Inc. V. Federal Communications Commission—Cable Television And Intermediate Scrutiny,
2012
Pepperdine University
The Fourth Estate And The Third Level: Turner Broadcasting System, Inc. V. Federal Communications Commission—Cable Television And Intermediate Scrutiny, R. Stuart Phillips
Pepperdine Law Review
No abstract provided.
As Unoriginal As They Wanna Be: Upholding Musical Parody In Campell V. Acuff-Rose Music, Inc.,
2012
Pepperdine University
As Unoriginal As They Wanna Be: Upholding Musical Parody In Campell V. Acuff-Rose Music, Inc., Gregory D. Deutsch
Pepperdine Law Review
No abstract provided.
Smoking Out Big Tobacco: Some Lessons About Academic Freedom, The World Wide Web, Media Conglomeration, And Public Service Pedagogy From The Battle Over The Brown & Williamson Documents,
2012
Pepperdine University
Smoking Out Big Tobacco: Some Lessons About Academic Freedom, The World Wide Web, Media Conglomeration, And Public Service Pedagogy From The Battle Over The Brown & Williamson Documents, Clay Calvert
Pepperdine Law Review
No abstract provided.
Madsen V. Women's Health Center, Inc.: Striking An Unequal Balance Between The Right Of Women To Obtain An Abortion And The Right Of Pro-Life Groups To Freedom Of Expression,
2012
Pepperdine University
Madsen V. Women's Health Center, Inc.: Striking An Unequal Balance Between The Right Of Women To Obtain An Abortion And The Right Of Pro-Life Groups To Freedom Of Expression, Keli N. Osaki
Pepperdine Law Review
No abstract provided.
