The Disappearing Schoolhouse Gate: Applying Tinker In The Internet Age ,
2012
Pepperdine University
The Disappearing Schoolhouse Gate: Applying Tinker In The Internet Age , John T. Ceglia
Pepperdine Law Review
No abstract provided.
Liable For Your Lies: Misrepresentation Law As A Mechanism For Regulating Behavior On Social Networking Sites,
2012
Pepperdine University
Liable For Your Lies: Misrepresentation Law As A Mechanism For Regulating Behavior On Social Networking Sites, Geelan Fahimy
Pepperdine Law Review
No abstract provided.
A Textual Analysis Of The Influence Of Mcintyre V. Ohio Elections Commission In Cases Involving Anonymous Online Commenters,
2012
University of North Carolina School of Law
A Textual Analysis Of The Influence Of Mcintyre V. Ohio Elections Commission In Cases Involving Anonymous Online Commenters, Jasmine Mcnealy
First Amendment Law Review
No abstract provided.
The Problem With New York Times Co. V. Sullivan: An Argument For Moving From A Falsity Model Of Libel Law To A Speech Act Model,
2012
University of North Carolina School of Law
The Problem With New York Times Co. V. Sullivan: An Argument For Moving From A Falsity Model Of Libel Law To A Speech Act Model, Ashley Messenger
First Amendment Law Review
No abstract provided.
Privacy And The Right Of Free Expression,
2012
University of North Carolina School of Law
Privacy And The Right Of Free Expression, John A. Humbach
First Amendment Law Review
No abstract provided.
Secularization By Incorporation: Religious Organizations And Corporate Identity,
2012
University of North Carolina School of Law
Secularization By Incorporation: Religious Organizations And Corporate Identity, Bruce B. Jackson
First Amendment Law Review
No abstract provided.
Defining Religion Down: Hosanna-Tabor, Martinez, And The U.S. Supreme Court,
2012
University of North Carolina School of Law
Defining Religion Down: Hosanna-Tabor, Martinez, And The U.S. Supreme Court, Carl H. Esbeck
First Amendment Law Review
No abstract provided.
Contents,
2012
University of North Carolina School of Law
Leaving The Dale To Be More Fair: On Cls V. Martinez And First Amendment Jurisprudence,
2012
University of North Carolina School of Law
Leaving The Dale To Be More Fair: On Cls V. Martinez And First Amendment Jurisprudence, Mark Strasser
First Amendment Law Review
No abstract provided.
Environmental Aesthetics And Free Speech: Toward A Consistent Content Neutrality Standard For Outdoor Sign Regulation ,
2012
University of Michigan Law School
Environmental Aesthetics And Free Speech: Toward A Consistent Content Neutrality Standard For Outdoor Sign Regulation , Brian J. Connolly
Michigan Journal of Environmental & Administrative Law
First Amendment challenges by billboard companies and other sign owners to local sign regulations have become a frequent occurrence in the past thirty years. The stakes are high for both commercial sign owners and local governments. Sign control has emerged as an important front in the environmental protection movement, as it focuses on the visual or scenic quality of the environment. Courts have begun to recognize and accept local governments’ interest in controlling the proliferation of signage as part of their efforts to improve environmental quality, but courts have applied First Amendment doctrine in an inconsistent manner. The courts’ inconsistent …
Tatooist V. Tattoo: Separating The Service From The Constitutionally Protected Message\,
2012
Brigham Young University Law School
Tatooist V. Tattoo: Separating The Service From The Constitutionally Protected Message\, Hannah H. Porter
BYU Law Review
No abstract provided.
New Jersey's Anti-Bullying Fix: A Solution Or The Creation Of An Even Greater First Amendment Problem?,
2012
Brigham Young University Law School
New Jersey's Anti-Bullying Fix: A Solution Or The Creation Of An Even Greater First Amendment Problem?, Lindsay Nash
BYU Law Review
No abstract provided.
Religion, Government, And Law In The Contemporary United States,
2012
Indiana University Maurer School of Law
Religion, Government, And Law In The Contemporary United States, Daniel O. Conkle
Articles by Maurer Faculty
In this Essay, I discuss the relationship between religion and government in the contemporary United States, addressing the period from the 1940s to the present. In so doing, I explore questions of religious liberty, including the protection of religious “free exercise” as well as the constitutional prohibition on the establishment of religion, a prohibition that sometimes - but not always - has been construed to require a “wall of separation” between church and state. I focus especially on the Supreme Court’s evolving interpretations of the First Amendment during this period, which, I suggest, were influenced by broader religious, cultural, and …
Adolescent Identity Versus The First Amendment: Sexuality And Speech Rights In The Public Schools,
2012
University of San Diego
Adolescent Identity Versus The First Amendment: Sexuality And Speech Rights In The Public Schools, Steven J. Macias
San Diego Law Review
This Article examines the legal tensions that currently exist between public schools' attempts to protect gay students from bullying and harassment and antigay students' First Amendment rights to engage in allegedly harassing speech. First, it looks at the popular conception of the relationship between childhood or adolescence and sexuality by considering the political and legal fallout of the same-sex marriage debate. Then this Article turns to a conception of public schooling that would allow for the constitutionally permissible regulation of antigay-identity speech. Next, through the use of critical theory, this Article explains why First Amendment defenses to gay harassment have …
The Constitutional Jurisprudence Of Justice Kennedy On Speech,
2012
University of San Diego
The Constitutional Jurisprudence Of Justice Kennedy On Speech, Charles D. Kelso, R. Randal Kelso
San Diego Law Review
Justice Kennedy's basic principles in free speech cases are supporting political freedom, supporting individual autonomy, and protecting freedom to teach, learn, and innovate. Given these principles, his opinions in free speech cases protect free speech from government regulation unless the government can provide strong reasons for any restrictive action and show that the means it has chosen to carry out its purposes are closely tailored to its goals. At a minimum, judicial review is by strict scrutiny for content-based regulations and intermediate review for content-neutral time, place, and manner regulations. In some cases, Justice Kennedy has indicated a preference for …
Chick-Fil-A And The Problem Of Soft Censorship,
2012
William & Mary Law School
Chick-Fil-A And The Problem Of Soft Censorship, Nathan B. Oman
Popular Media
No abstract provided.
The First Amendment, Gaming Advertisements, And Congressional Inconsistency: The Future Of The Commercial Speech Doctrine After Greater New Orleans Broadcasting Ass'n V. United States,
2012
Pepperdine University
The First Amendment, Gaming Advertisements, And Congressional Inconsistency: The Future Of The Commercial Speech Doctrine After Greater New Orleans Broadcasting Ass'n V. United States, Nicholas P. Consula
Pepperdine Law Review
No abstract provided.
Condoms: The New Medium Of Expression Protected By The First Amendment- People V. Andujar,
2012
Touro Law Center
Condoms: The New Medium Of Expression Protected By The First Amendment- People V. Andujar, Leodyne Calixte
Touro Law Review
No abstract provided.
Ambiguity In The Realm Of Defamation: Rhetorical Hyperbole Or Provable Falsity? - Gorilla Coffee, Inc. V. New York Times Co.,
2012
Touro Law Center
Ambiguity In The Realm Of Defamation: Rhetorical Hyperbole Or Provable Falsity? - Gorilla Coffee, Inc. V. New York Times Co., Tiffany Frigenti
Touro Law Review
No abstract provided.
The First Amendment’S Freedom Of Harassment - People V. Pierre-Louis,
2012
Touro Law Center
The First Amendment’S Freedom Of Harassment - People V. Pierre-Louis, Lina R. Carbuccia
Touro Law Review
No abstract provided.
