Smith And Women's Equality,
2011
University of Nevada, Las Vegas -- William S. Boyd School of Law
The Media, The Jury, And The High-Profile Defendant: A Defense Perspective On The Media Circus,
2011
New York Law School
The Media, The Jury, And The High-Profile Defendant: A Defense Perspective On The Media Circus, John C. Meringolo
NYLS Law Review
No abstract provided.
The Overhyped Path From Tinker To Morse: How The Student Speech Cases Show The Limits Of Supreme Court Decisions--For The Law And For The Litigants,
2011
University of Colorado Law School
The Overhyped Path From Tinker To Morse: How The Student Speech Cases Show The Limits Of Supreme Court Decisions--For The Law And For The Litigants, Scott A. Moss
Publications
Each of the Supreme Court's high school student speech cases reflected the social angst of its era. In 1965's Tinker v. Des Moines Independent Community School District, three Iowa teens broke school rules to wear armbands protesting the Vietnam War. In 1983, amidst parental and political upset about youth exposure to sexuality in the media, Bethel School District No. 403 v. Fraser and Hazelwood School District v. Kuhlmeier allowed the censorship of an innuendo-filled student government speech and a school newspaper article on teen pregnancy and parental divorce. In 2007, Morse v. Frederick paralleled the rise of reality television …
Law School Clinics And The First Amendment,
2011
Case Western Reserve University School of Law
Law School Clinics And The First Amendment, Jonathan L. Entin
Faculty Publications
No abstract provided.
Bob Dylan On Lenny Bruce: More Of An Outlaw Than You Ever Were,
2011
Touro Law Center
Bob Dylan On Lenny Bruce: More Of An Outlaw Than You Ever Were, Louise Harmon
Scholarly Works
No abstract provided.
Have You Been Drinking Tonight Ms. Prynne - Ohio's Scarlet Letter For Ovi/Dui Offenders: A Violation Of First Amendment Protection Against Compelled Speech,
2011
Cleveland State University
Have You Been Drinking Tonight Ms. Prynne - Ohio's Scarlet Letter For Ovi/Dui Offenders: A Violation Of First Amendment Protection Against Compelled Speech, William Livingston
Cleveland State Law Review
This note examines the history of scarlet letter punishments. These types of sanctions raise many constitutional concerns; this Note will specifically address First Amendment compelled speech. Different standards of constitutional review for First Amendment violations and probation conditions will also be discussed. The note will also explain how Ohio's special license plate violates the First Amendment. Because the license plate is a legislative requirement that infringes upon free speech and eliminates judicial sentencing discretion, the state's interest must pass strict scrutiny. This analysis will confirm that the state's interest is legitimate but not compelling. The special license plate fails to …
The Constitutional Status Of Speech About Oneself,
2011
Cleveland State University
The Constitutional Status Of Speech About Oneself, R. George Wright
Cleveland State Law Review
We have accepted above the well-established idea that speech about oneself that is also intended to convey some sort of political idea or to address some matter of public concern can typically be distinguished from speech about oneself with no such further intent. On this basis, we have argued, contrary to recent contentions, that the latter sort of speech-speech that is "merely" about the self, or about one's merely personal or private concerns-should not generally qualify for any sort of elevated free speech protection. Fundamentally, this is because such speech does not systematically promote any of the consensually recognized and …
Historical Roots Of Citizens United Vs. Fec: How Anarchists And Academics Accidentally Created Corporate Speech Rights, The General Essay,
2011
Fordham University School of Law
Historical Roots Of Citizens United Vs. Fec: How Anarchists And Academics Accidentally Created Corporate Speech Rights, The General Essay, Zephyr Teachout
Faculty Scholarship
This paper looks at how the early rhetoric around the First Amendment enabled later development of corporate political speech rights.
Cohen V. Google, Inc.,
2011
New York Law School Class of 2011
Reviving Slander,
2011
Villanova University Charles Widger School of Law
Reviving Slander, Cristina Carmody Tilley
Faculty Publications
Roman law treated differently speech restricted to small, closed communities and speech within or among large, permeable communities. Intracommunity speech was subject to unlimited tort consequences, while intercommunity speech was subject to central government regulation. As English speech law evolved, slander rules governing spoken speech became a convenient proxy for intracommunity speech regulation, while libel rules governing written speech became a convenient proxy for intercommunity speech. In American law, the conceptual collapse of slander and libel meant that constitutional limits designed to lift central government regulation of intercommunity speech perhaps inadvertently vitiated tort consequences for intracommunity speech. The Supreme Court's …
The End Of Indecency - The Second Circuit Invalidates The Fcc's Indecency Policy In Fox Televisions Stations, Inc. V. Fcc,
2011
Villanova University Charles Widger School of Law
The End Of Indecency - The Second Circuit Invalidates The Fcc's Indecency Policy In Fox Televisions Stations, Inc. V. Fcc, John V. O'Grady
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Kiddie Porn In The Gallery: Defending The Artist's Corpus Or Invading The Corporal Integrity Of The Subject,
2011
Villanova University Charles Widger School of Law
Kiddie Porn In The Gallery: Defending The Artist's Corpus Or Invading The Corporal Integrity Of The Subject, Jessica N. White
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Brand Renegades,
2011
St. John's University School of Law
Brand Renegades, Jeremy N. Sheff
Faculty Publications
Recent appearances of trademarks in popular culture-in rap lyrics, on reality TV shows, even in youth riots have raised the question whether the owners of those trademarks might pursue legal remedies to protect their brands from unwanted social associations. This Article argues that they cannot, and that we should understand this limitation on trademark rights as grounded in a principle that consumption of certain brands is an expressive act that First Amendment principles place outside trademark owners' control.
The Curious Life Of In Loco Parentis At American Universities,
2011
St. John's University School of Law
The Curious Life Of In Loco Parentis At American Universities, Philip Lee
Faculty Publications
In this article I trace the legal history, through court opinions, of in loco parentis (Latin for “in the place of the parent”) as applied to the relationship between American universities and their students. I demonstrate that until the 1960s, the in loco parentis doctrine allowed universities to exercise great discretion in developing the “character” of their students without respect to their students’ constitutional rights. The demise of this doctrine forced courts, and universities themselves, to redefine the relationship of universities with their students in important ways.
Religious Freedom, Church-State Separation, And The Ministerial Exception,
2011
University of St. Thomas School of Law
Religious Freedom, Church-State Separation, And The Ministerial Exception, Thomas C. Berg, Kimberlee Wood Colby, Carl H. Esbeck, Richard W. Garnett
Journal Articles
The Hosanna-Tabor case concerns the separation of church and state, an arrangement that is often misunderstood but is nevertheless a critical dimension of the freedom of religion protected by the First Amendment to our Constitution. For nearly a thousand years, the tradition of Western constitutionalism - the project of protecting political freedom by marking boundaries to the power of government - has been assisted by the principled commitment to religious liberty and to church-state separation, correctly understood. A community that respects - as ours does - both the importance of, and the distinction between, the spheres of political and religious …
A Fundamental Right To Read: Reader Privacy Protections In The U.S. Constitution,
2011
University of Colorado Law School
A Fundamental Right To Read: Reader Privacy Protections In The U.S. Constitution, Eric Robertson
University of Colorado Law Review
Bookstore customers and library patrons typically expect their book purchases and book-borrowing habits to remain private, but what is the legal basis for this expectation and is it justified? This Comment examines court decisions, readers' privacy scholarship, and First Amendment jurisprudence in search of a consistent answer. Although courts and scholars have taken different approaches in identifying a right to readers' privacy and what activity it encompasses, this Comment concludes that a right to reader privacy is fundamental under the First Amendment. In the end, this Comment seeks to provide a simplified solution to the complex constitutional issues that can …
Pornography As Pollution,
2011
Notre Dame Law School
Pornography As Pollution, John Copeland Nagle
Journal Articles
Pornography is often compared to pollution. But little effort has been made to consider what it means to describe pornography as a pollution problem, even as many legal scholars have concluded that the law has failed to control internet pornography. Opponents of pornography maintain passionate convictions about how sexually-explicit materials harm both those who are exposed to them and the broader cultural environment. Viewers of pornography may generally hold less fervent beliefs, but champions of free speech and of a free internet object to anti-pornography regulations with strong convictions of their own. The challenge is how to address the widespread …
Adult Websites And The Top-Level Domain Debate: Icann's Adoption Of .Xxx Dras Adult-Industry Ire,
2011
The Pennsylvania State University
Adult Websites And The Top-Level Domain Debate: Icann's Adoption Of .Xxx Dras Adult-Industry Ire, Robert D. Richards, Clay Calvert
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The Association Of Adult Businesses With Secondary Effects: Legal Doctrine Social Theory, And Empirical Evidence,
2011
Cleveland-Marshall College of Law
The Association Of Adult Businesses With Secondary Effects: Legal Doctrine Social Theory, And Empirical Evidence, Alan C. Weinstein, Richard Mccleary
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Citizens United, Stevens And Humanitarian Law Project: First Amendment Rules And Standards In Three Acts,
2011
Brooklyn Law School
Citizens United, Stevens And Humanitarian Law Project: First Amendment Rules And Standards In Three Acts, William D. Araiza
Faculty Scholarship
No abstract provided.
