The New Resident Evil? State Regulation Of Violent Video Games And The First Amendment,
2011
Brigham Young University Law School
The New Resident Evil? State Regulation Of Violent Video Games And The First Amendment, James Dunkelberger
BYU Law Review
No abstract provided.
Technologies Of Control And The Future Of The First Amendment,
2011
William & Mary Law School
Technologies Of Control And The Future Of The First Amendment, Christopher S. Yoo
William & Mary Law Review
No abstract provided.
Collateral Censorship And The Limits Of Intermediary Immunity,
2011
Benjamin N. Cardozo School of Law
Collateral Censorship And The Limits Of Intermediary Immunity, Felix T. Wu
Articles
The law often limits the liability of an intermediary for the speech it carries. And rightly so, because imposing liability on intermediaries can induce them to filter out questionable content and this “collateral censorship” risks suppressing much lawful, even highly beneficial, speech. The “collateral censorship” rationale has its limits, though, and correspondingly, so should the applicability of intermediary immunity. The worry with collateral censorship is not just that intermediaries censor, but that they censor more than an original speaker would in the face of potential liability. Increased censorship, in turn, is the product of applying liability targeted at original speakers …
Censoring The Internet,
2011
William & Mary Law School
First Amendment Freedom Of Speech And Religion - October 2009 Term,
2011
Touro University Jacob D. Fuchsberg Law Center
First Amendment Freedom Of Speech And Religion - October 2009 Term, Burt Neuborne, Michael C. Dorf
Touro Law Review
No abstract provided.
The Occupation — Place, Balance, And Proximity,
2011
William & Mary Law School
The Occupation — Place, Balance, And Proximity, Timothy Zick
Popular Media
No abstract provided.
The Power Of Place,
2011
William & Mary Law School
Stolen Valor Act Discussion,
2011
William & Mary Law School
Public Protest 1.0,
2011
William & Mary Law School
Taxes, Free Expression, And Adult Entertainment,
2011
Florida State University College of Law
Taxes, Free Expression, And Adult Entertainment, Steve R. Johnson
Scholarly Publications
The interaction of morality and money produces interesting results. One manifestation is legislation in some states and proposals in others to impose higher taxes on “gentlemen’s show lounges” (OK, I mean strip clubs) and other venues of adult entertainment.
In 2010 and 2011 two state supreme courts passed on the legality of different forms of those taxes, upholding them against challenges that they infringed on free speech/free expression rights protected by the First Amendment of the U.S. Constitution. This installment of the column considers those two decisions: the February 2010 Utah decision in Bushco v. Utah State Tax Commi …
Trans-Border Exclusion And Execution,
2011
William & Mary Law School
Trans-Border Exclusion And Execution, Timothy Zick
Popular Media
No abstract provided.
Religious Documents And The Establishment Clause,
2011
Barry University
Religious Documents And The Establishment Clause, Brian Sites
Faculty Scholarship
A priest, a rabbi, and an imam walk into a contract lawyer's office. Fortunately, this is not the opening of a lawyer joke, but it might well be the prelude to a complicated constitutional question about the interaction of the First Amendment and contract law. Pastors, priests, rabbis, imams, religious schools, churches, religious businesses, and a wealth of faith-based groups all enter into contractual agreements. Not surprisingly, these agreements often contain religious language, and sometimes they even hinge on provisions invoking expressly religious concepts. Religious documents come in a variety of forms, including marriage contracts, disposition of property documents, agreements …
Religious Freedom In Private Lawsuits: Untangling When Rfra Applies To Suits Involving Only Private Parties,
2011
United States Court of Appeals for the Eighth Circuit
Religious Freedom In Private Lawsuits: Untangling When Rfra Applies To Suits Involving Only Private Parties, Sara Lunsford Kohen
Cardozo Public Law, Policy & Ethics Journal
The article argues that the Religious Freedom Restoration Act (RFRA) should apply to private suits involving government action, proposing a framework where RFRA creates a claim against private defendants acting under federal law and serves as a defense when religious freedom is substantially burdened. It advocates for a state actor analysis to determine liability, ensuring religious freedom is protected while balancing public interests.
Incendiary Speech And Social Media,
2011
University of Florida Levin College of Law
Incendiary Speech And Social Media, Lyrissa Barnett Lidsky
UF Law Faculty Publications
Incidents illustrating the incendiary capacity of social media have rekindled concerns about the "mismatch" between existing doctrinal categories and new types of dangerous speech. This Essay examines two such incidents, one in which an offensive tweet and YouTube video led a hostile audience to riot and murder, and the other in which a blogger urged his nameless, faceless audience to murder federal judges. One incident resulted in liability for the speaker, even though no violence occurred; the other did not lead to liability for the speaker even though at least thirty people died as a result of his words. An …
A Cure For A "Public Concern": Washington's New Anti-Slapp Law,
2011
University of Washington School of Law
A Cure For A "Public Concern": Washington's New Anti-Slapp Law, Tom Wyrwich
Washington Law Review
In March 2010, the Washington State Legislature passed its Act Limiting Strategic Lawsuits Against Public Participation. The new Act fills a critical void in Washington’s protection of free expression and petition rights. The Washington Act protects the free expression of Washington citizens by shielding them from meritless lawsuits designed only to incur costs and chill future expression. This Comment offers interpretive guidance for Washington courts by examining the new law, its legislative history, its constitutional underpinnings, and its relationship to the influential California anti-SLAPP statute on which it is modeled. Although the Washington Act shares many identical provisions with the …
The Auto-Authentication Of The Page: Purely Written Speech And The Doctrine Of Obscenity,
2011
William & Mary Law School
The Auto-Authentication Of The Page: Purely Written Speech And The Doctrine Of Obscenity, Ryen Rasmus
William & Mary Bill of Rights Journal
No abstract provided.
Stop With The Exceptions: A Narrow Interpretation Of Tinker For All Student Speech Claims,
2011
Benjamin N. Cardozo School of Law
Stop With The Exceptions: A Narrow Interpretation Of Tinker For All Student Speech Claims, Matthew Sheffield
Cardozo Public Law, Policy & Ethics Journal
The article examines the evolution of First Amendment rights for students in public schools, focusing on the landmark *Tinker v. Des Moines Independent School District* decision and its subsequent interpretations. While Tinker established that students retain their constitutional rights in schools, later Supreme Court rulings, such as Fraser, Hazelwood, and Morse, have narrowed its application, balancing student free speech against school administrative concerns. The article argues that these post-Tinker decisions are consistent with the original intent of Tinker and advocate for a narrow application of its principles to maintain equilibrium between student rights and school authority.
Isn't It Ironic? The Undermining Of American Public Policy By American Tax Law, And The Ramifications On Middle East Peace,
2011
Benjamin N. Cardozo School of Law
Isn't It Ironic? The Undermining Of American Public Policy By American Tax Law, And The Ramifications On Middle East Peace, Amanda Berman
Cardozo Public Law, Policy & Ethics Journal
The note critiques the broad and vague definition of "charitable" under U.S. tax law, particularly in the context of domestic organizations operating internationally. It argues that the current system allows organizations to act contrary to U.S. public policy while receiving tax-exempt status, and it calls for reform to prevent the misuse of tax-deductible funds for activities that undermine government policies. The analysis focuses on the IRS's oversight failures and the need for clearer guidelines to ensure charitable organizations align with public interest and policy goals.
More On The Wall Street Protest,
2011
William & Mary Law School
Arab Spring On Wall Street?,
2011
William & Mary Law School
