First Amendment Commons^™

Section 6: First Amendment, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Section 1: Moot Court, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Draft Of Beck Lecture - 2010, Wendy J. Gordon

Scholarship Chronologically

I am grateful to the wonderful BU community that has taught me so much, and to those who made this event possible. I thank Dean O'Rourke for hosting this wonderful event, Mary Gallagher, Cornell Stinson and Erin Elwood for organizing it, and I thank you all for coming. I am honored to follow Bill Ryckman in the Chair, a man I admire. Most especially I thank Phil Beck for his generosity to the Boston University School of Law in funding this Chair. It's flattering to me having been chosen its recipient, and flattering to the school that Phil chose us …

Right Labels, Wrong Categories: Some Comments On Steven D. Smith's, 'Why Is Government Speech Problematic?', Alan K. Chen

Sturm College of Law: Faculty Scholarship

This essay is a response to a paper presented by the noted First Amendment scholar, Steven D. Smith, at the 17th Ira C. Rothgerber, Jr. Constitutional Law Conference, “Government Speech in Transition.” In his thoughtful paper, Professor Smith addresses the theoretical underpinnings of free speech analysis as applied to the confounding problem of government speech. He argues that much of the confusion surrounding government speech can be addressed by reaching a clearer understanding of three problems – the unnecessary problem (a misguided commitment to government neutrality), an unnoticed problem (the issue of institutional capture), and the “big” problem (the lack …

Brief Of Amicus Curiae Id Software Llc In Support Of Respondents, Paul E. Salamanca, James T. Drakeley, D. Wade Cloud Jr., Kevin J. Keith, J. Griffin Lesher, Amy Yeung

Law Faculty Advocacy

No abstract provided.

First Amendment Martyr, First Amendment Opportunist: Commentary On Larry Flynt's Role In The Free Speech Debate, Rodney A. Smolla

First Amendment Law Review

No abstract provided.

From Falwell To Obama And Everyone (And Everything) In Between: Larry Flynt Unfiltered In Chapel Hill, Clay Calvert, Robert D. Richards

First Amendment Law Review

No abstract provided.

Prosecuting Obscenity Cases: An Interview With Mary Beth Buchanan, Robert D. Richards, Clay Calvert

First Amendment Law Review

No abstract provided.

How To Fix The Sexting Problem: An Analysis Of The Legal And Policy Considerations For Sexting Legislation, Lawrence G. Walters

First Amendment Law Review

No abstract provided.

Snyder V. Phelps, Private Persons And Intentional Infliction Of Emotional Distress: A Chance For The Supreme Court To Set Things Right, W. Wat Hopkins

First Amendment Law Review

No abstract provided.

Contents, First Amendment Law Review

First Amendment Law Review

No abstract provided.

Citizens United And The Threat To The Regulatory State, Tamara R. Piety

Michigan Law Review First Impressions

Although Citizens United has been roundly criticized for its potential effect on elections and its display of judicial immodesty (or "activism"), the effect of the case which may be both most profound and perhaps most pernicious is its effect on the commercial speech doctrine. This is an aspect of the case which has been largely overlooked. Most people seem to be unaware of any connection between election law and the commercial speech doctrine-except, that is, those who have been working long and hard to accomplish the change it foreshadows. They are keenly aware of its implications.

Brief Amicus Curiae Of The American Center For School Choice In Support Of Petitioners, Richard W. Garnett, John E. Coons

Court Briefs

Nos. 09-987, 09-991
Arizona Christian School Tuition Organization v. Kathleen M. Winn, Gale Garriott v. Kathleen M. Winn

On Writs of Certiorari to the United States Court of Appeals for the Ninth Circuit

From the Introduction and Summary of the Argument

We agree entirely with Petitioners that the panel below misapplied this Court’s relevant doctrines and decisions – including Zelman – and that the ruling under review is neither required by, nor consistent with, the First Amendment to our Constitution. Arizona’s tax-credit program does not impermissibly “establish” or “endorse” religion. Instead, it is an entirely permissible (and promising) policy experiment …

Staying Neutral: How Washington State Courts Should Approach Negligent Supervision Claims Against Religious Organizations, Kelly H. Sheridan

Washington Law Review

The torts of negligent hiring, supervision, and retention place a duty on employers to prevent their employees from using the places, things, or tasks entrusted to them to harm foreseeable victims. The negligent employment torts create an independent duty under which plaintiffs may pursue an action when suits brought under a vicarious liability or breach of fiduciary duty theory would fail. For victims of sexual misconduct by religious leaders, negligent supervision claims against religious organizations are a crucial means of remedying serious and lasting injuries. Washington state law recognizes negligent supervision, and Washington courts have applied it to religious organizations, …

Staying Neutral: How Washington State Courts Should Approach Negligent Supervision Claims Against Religious Organizations, Kelly H. Sheridan

Washington Law Review

The torts of negligent hiring, supervision, and retention place a duty on employers to prevent their employees from using the places, things, or tasks entrusted to them to harm foreseeable victims. The negligent employment torts create an independent duty under which plaintiffs may pursue an action when suits brought under a vicarious liability or breach of fiduciary duty theory would fail. For victims of sexual misconduct by religious leaders, negligent supervision claims against religious organizations are a crucial means of remedying serious and lasting injuries. Washington state law recognizes negligent supervision, and Washington courts have applied it to religious organizations, …

Staying Neutral: How Washington State Courts Should Approach Negligent Supervision Claims Against Religious Organizations, Kelly H. Sheridan

Washington Law Review

The torts of negligent hiring, supervision, and retention place a duty on employers to prevent their employees from using the places, things, or tasks entrusted to them to harm foreseeable victims. The negligent employment torts create an independent duty under which plaintiffs may pursue an action when suits brought under a vicarious liability or breach of fiduciary duty theory would fail. For victims of sexual misconduct by religious leaders, negligent supervision claims against religious organizations are a crucial means of remedying serious and lasting injuries. Washington state law recognizes negligent supervision, and Washington courts have applied it to religious organizations, …

The First Amendment Protects Military Funeral Protests, Timothy Zick

Popular Media

Military funeral protests are offensive, but protected free speech.

The First Amendment’S Religion Clauses: The Calvinist Document That Interprets Them Both, Leah Farish Esq.

College of Arts and Cultural Studies Faculty Research and Scholarship

This paper suggests that the Westminster Confession of Faith's provisions about church and state, revised in Philadelphia at the start of the Constitution's ratifying convention, furnished much of the syntax and vocabulary for the First Amendment's religion clauses. Recognizing the cultural links between the new American government and the Presbyterian Church, the author argues that it was natural for the founders to look to how the new Westminster Confession situated church and state. The author argues that Fisher Ames's proposed wording for the First Amendment won immediate adoption because it resonated with the Confession, standing as it did in that …

Foreword: Advertising And The Law, Mark Bartholomew

Buffalo Law Review

This foreword to a special issue of the Buffalo Law Review provides an overview of seven articles addressing the intersection of advertising and law. The special issue stems from a November 2009 conference held at the University at Buffalo Law School. The foreword examines the particular difficulties in characterizing the relationship between advertisers, consumers, and the law. Advertisers promulgate certain symbolic meanings designed to induce consumption. Sometimes these meanings are contested through legal means yet consumers can only participate in advertising's regulatory apparatus indirectly. This results in a dynamic between advertiser and consumer that is difficult to define yet ubiquitous …

Regulating The Airwaves In Israel's Burgeoning Democracy: Why The Israeli High Court Of Justice Should Have Acknowledged Free Speech In The Case Of Arutz Seven, Maya Tarr

Cardozo Journal of International and Comparative Law

The note examines the role of the Supreme Court of Israel in promoting democracy and freedom of speech, highlighting its interpretation of Basic Laws to include these rights. It critiques the Court's analysis in the Hok Habezek amendment case for not adequately addressing freedom of speech, despite its significant rulings in cases like Kol Haam v. Minister of Interior Affairs.