Cooking Up A New Lemon Test: The Establishment Clause, Displays Of Religious Objects, And Lessons From India,
2012
University of North Carolina School of Law
Cooking Up A New Lemon Test: The Establishment Clause, Displays Of Religious Objects, And Lessons From India, Christopher J. Heaney
First Amendment Law Review
No abstract provided.
Of Burning Houses And Roasting Pigs: Why Butler V. Michigan Remains A Key Free Speech Victory More Than A Half-Century Later,
2012
University of Florida-Gainesville
Of Burning Houses And Roasting Pigs: Why Butler V. Michigan Remains A Key Free Speech Victory More Than A Half-Century Later, Clay Calvert
Federal Communications Law Journal
More than fifty years after the U.S. Supreme Court rendered its unanimous decision in Butler v. Michigan, the case remains a pivotal-if unheralded and perhaps underappreciated-victory for freedom of speech. This Article analyzes the Butler principle and demonstrates how courts repeatedly apply it across different media platforms and in a myriad of factually distinct contexts, ranging from prohibitions on the sale of sex toys to bans on beer bottles with offensive labels. The Article initially provides an in-depth look at Butler, drawing on literary scholarship, historical newspaper articles from the time of the case, and other sources. It then illustrates …
Mill, Holmes, Brandeis And A True Threat To Brandenburg,
2012
Brigham Young University Law School
Mill, Holmes, Brandeis And A True Threat To Brandenburg, Mark Strasser
Brigham Young University Journal of Public Law
No abstract provided.
Implications Of Libel Doctrine For Nondefamatory Falsehoods Under The First Amendment,
2012
University of North Carolina School of Law
Implications Of Libel Doctrine For Nondefamatory Falsehoods Under The First Amendment, Nat Stern
First Amendment Law Review
No abstract provided.
Faith Healing Exception Versus Parens Patriae: Something's Gotta Give,
2012
University of North Carolina School of Law
Faith Healing Exception Versus Parens Patriae: Something's Gotta Give, Rebecca Williams
First Amendment Law Review
No abstract provided.
Wiretapping The Internet: The Expansion Of The Communications Assistance To Law Enforcement Act To Extend Government Surveillance,
2012
Indiana University Maurer School of Law
Wiretapping The Internet: The Expansion Of The Communications Assistance To Law Enforcement Act To Extend Government Surveillance, Christa M. Hibbard
Federal Communications Law Journal
Criminal use of the Internet to circumvent traditional government phone wiretaps has inspired the Obama Administration to create a proposal to expand the Communications Assistance to Law Enforcement Act ("CALEA"). CALEA was passed in 1994 to regulate telephone and broadband companies to ensure compliance with standards to enable government wiretapping. The proposed amendment of CALEA would allow the government to require all communications service providers to meet technical standards necessary to comply with a wiretap order. The expansion of CALEA would likely widen its scope to social networking sites, instant messaging, gaming consoles that allow conversation among multiple players, and …
Looking Back At Cohen V. California: A 40 Year Retrospective From Inside The Court,
2012
William & Mary Law School
Looking Back At Cohen V. California: A 40 Year Retrospective From Inside The Court, Thomas G. Krattenmaker
William & Mary Bill of Rights Journal
No abstract provided.
Hugo Black's Vision Of The Lawyer, The First Amendment, And The Duty Of The Judiciary: The Bar Applicant Cases In A National Security State,
2012
William & Mary Law School
Hugo Black's Vision Of The Lawyer, The First Amendment, And The Duty Of The Judiciary: The Bar Applicant Cases In A National Security State, Joshua E. Kastenberg
William & Mary Bill of Rights Journal
No abstract provided.
Teens, Sexts, & Cyberspace: The Constitutional Implications Of Current Sexting & Cyberbullying Laws,
2012
William & Mary Law School
Teens, Sexts, & Cyberspace: The Constitutional Implications Of Current Sexting & Cyberbullying Laws, Jamie L. Williams
William & Mary Bill of Rights Journal
No abstract provided.
Confronting The Shadow: Is Forcing A Muslim Witness To Unveil In A Criminal Trial A Constitutional Right, Or An Unreasonable Intrusion?,
2012
Pepperdine University
Confronting The Shadow: Is Forcing A Muslim Witness To Unveil In A Criminal Trial A Constitutional Right, Or An Unreasonable Intrusion?, Steven R. Houchin
Pepperdine Law Review
No abstract provided.
Red Lion And Pacifica: Are They Relics?,
2012
Pepperdine University
Red Lion And Pacifica: Are They Relics?, L. A. Powe Jr
Pepperdine Law Review
No abstract provided.
The Future Of Free Expression In A Digital Age,
2012
Pepperdine University
The Future Of Free Expression In A Digital Age, Jack M. Balkin
Pepperdine Law Review
In the twenty-first century, at the very moment that our economic and social lives are increasingly dominated by information technology and information flows, the judge-made doctrines of the First Amendment seem increasingly irrelevant to the key free speech battles of the future. The most important decisions affecting the future of freedom of speech will not occur in constitutional law; they will be decisions about technological design, legislative and administrative regulations, the formation of new business models, and the collective activities of end-users. Moreover, the values of freedom of expression will become subsumed within a larger set of concerns that I …
Can Freedom Of Speech Bear The Twenty-First Century's Weight?,
2012
Pepperdine University
Can Freedom Of Speech Bear The Twenty-First Century's Weight?, Lillian R. Bevier
Pepperdine Law Review
No abstract provided.
Campaign Finance Regulation And The Marketplace Of Emotions,
2012
Pepperdine University
Campaign Finance Regulation And The Marketplace Of Emotions, Barry P. Mcdonald
Pepperdine Law Review
This essay examines the validity, in light of new empirical research, of the free speech theory the U.S. Supreme Court uses to justify the doctrines it currently employs to assess the constitutionality of campaign finance regulations. The Court’s model, which Professor McDonald terms the theory of 'stimulated democratic deliberation,' assumes that an unlimited quantity of campaign-related communications will result in increased public deliberation about ideas and better informed citizens, which in turn will result in better decisions about candidates for political office. In short, this model assumes that rational thought and deliberation about important issues of the day drive voter …
The Constitutional Logic Of Campaign Finance Regulation,
2012
Pepperdine University
The Constitutional Logic Of Campaign Finance Regulation, Samuel Issacharoff
Pepperdine Law Review
This essay explores the potential implications of the creation of a distinct "election period" through the BCRA reforms to campaign finance law. The idea of a separate set of rights of expression during the immediate pre-election period is a relative newcomer to American law, but is a central feature of campaign finance law in other countries. The creation of a defined election period is the underpinning of strong restrictions on political speech in countries such as Britain, and is currently the source of tension under European law. Recent decisions of the European Court of Human Rights, most notably in Bowman …
The Regulation Of Extremist Speech In The Era Of Mass Digital Communications: Is Brandenburg Tolerance Obsolete In The Terrorist Era?,
2012
Pepperdine University
The Regulation Of Extremist Speech In The Era Of Mass Digital Communications: Is Brandenburg Tolerance Obsolete In The Terrorist Era?, Nadine Strossen
Pepperdine Law Review
No abstract provided.
Words "Which By Their Very Utterance Inflict Injury": The Evolving Treatment Of Inherently Dangerous Speech In Free Speech Law And Theory,
2012
Pepperdine University
Words "Which By Their Very Utterance Inflict Injury": The Evolving Treatment Of Inherently Dangerous Speech In Free Speech Law And Theory, Rodney A. Smolla
Pepperdine Law Review
No abstract provided.
Is It Better To Be Safe Than Sorry?: Free Speech And The Precautionary Principle,
2012
Pepperdine University
Is It Better To Be Safe Than Sorry?: Free Speech And The Precautionary Principle, Frederick Schauer
Pepperdine Law Review
No abstract provided.
Free Speech In The Twenty-First Century: Ten Lessons From The Twentieth Century,
2012
Pepperdine University
Free Speech In The Twenty-First Century: Ten Lessons From The Twentieth Century, Geoffrey R. Stone
Pepperdine Law Review
No abstract provided.
Introduction,
2012
Pepperdine University
