First Amendment Commons^™

Attention Must Be Paid: Commercial Speech, User-Generated Ads, And The Challenge Of Regulation, Rebecca Tushnet

Buffalo Law Review

No abstract provided.

Stealth Marketing And Antibranding: The Love That Dare Not Speak Its Name, Sonia K. Katyal

Buffalo Law Review

No abstract provided.

Brandjacking On Social Networks: Trademark Infringement By Impersonation Of Markholders, Lisa P. Ramsey

Buffalo Law Review

No abstract provided.

Advertising And Social Identity, Mark Bartholomew

Buffalo Law Review

This essay takes a stand in the brewing legal academic debate over the consequences of advertising. On one side are the semiotic democratists, scholars who bemoan the ability of advertisers to take control of the meanings that they create through trademark law and other pro-business legal rules. On the other side are those who are more sanguine about the ability of consumers to rework advertising messages and point to several safety valves for free expression existing in the current advertising regulation regime. My take on this debate is that the participants have failed to address the impact of advertising on …

Consumer Counter-Advertising Law And Corporate Social Responsibility, Alberto R. Salazar V.

Buffalo Law Review

No abstract provided.

Humanitarian Law Project -- The Dissent, Stephen Ellmann

Other Publications

This post originally appeared on http://nowwithouthesitation.blogspot.com/2010/07/humanitarian-law-project-dissent.html

The Story Of Us: Resolving The Face-Off Between Autobiographical Speech And Information Privacy, Sonja R. West

Scholarly Works

Increasingly more “ordinary” Americans are choosing to share their life experiences with a public audience. In doing so, however, they are revealing more than their own personal stories, they are exposing private information about others as well. The face-off between autobiographical speech and information privacy is coming to a head, and our legal system is not prepared to handle it.

In a prior article, I established that autobiographical speech is a unique and important category of speech that is at risk of being undervalued under current law. This article builds on my earlier work by addressing the emerging conflict between …

Fcc V. Fox Television Stations And The Fcc's New Fleeting Expletive Policy, Jerome A. Barron

Federal Communications Law Journal

This Article focuses on the Supreme Court's decision in FCC v. Fox Television Stations, Inc., 129 S. Ct. 1800 (2009). In that case, the Supreme Court upheld an important change in the FCC indecency regulation. In the past, the FCC's policy had been that the broadcast of a single expletive did not violate FCC indecency policy. In order for such fleeting expletives to be actionable, the FCC required that they had to be repetitive and gratuitous. But in 2004, in response to the use of some expletives by entertainers during the Golden Globe Awards, the FCC changed its policy and …

Music As Speech: A First Amendment Category Unto Itself, David Munkittrick

Federal Communications Law Journal

Perhaps the most ubiquitous of art forms, music accompanies daily activities from shopping to jogging. Music permeates modem society, and there is little question it constitutes an integral mode of expression. Despite recognition of music's worth, however, there is little explanation of music in First Amendment jurisprudence. A rationale for First Amendment protection begins with analysis of the particular medium of speech. Through a foray in musical aesthetics and the history of musical censorship, this Note discusses the role of music in political, societal, and individual experience. Music has had an important role in political events, from the fall of …

Too Much Of A Good Thing: Campaign Speech After Citizens United, Molly J. Walker Wilson

Cardozo Law Review

No abstract provided.

Transitioning To Free Speech: A Case Study On Legal Transfers In Jordanian Jurisprudence, Sarah Joy Gregory

Cardozo Law Review

No abstract provided.

Fundamentalism, The First Amendment, And The Rise Of The Religious Right, Randall Balmer

William & Mary Bill of Rights Journal

No abstract provided.

The Nonproblem Of Fundamentalism, Andrew Koppelman

William & Mary Bill of Rights Journal

No abstract provided.

Family Values, Courts, And Culture War: The Case Of Abstinence-Only Sex Education, John E. Taylor

William & Mary Bill of Rights Journal

No abstract provided.

God Of Our Fathers, Gods For Ourselves: Fundamentalism And Postmodern Belief, Frederick Mark Gedicks

William & Mary Bill of Rights Journal

No abstract provided.

Fundamentalist Challenges To Core Democratic Values: Exit And Homeschooling, Catherine J. Ross

William & Mary Bill of Rights Journal

No abstract provided.

The "Licentiousness" In Religious Organizations And Why It Is Not Protected Under Religious Liberty Constitutional Provisions, Marci A. Hamilton

William & Mary Bill of Rights Journal

No abstract provided.

Street Shootings: Covert Photography And Public Privacy, Nancy D. Zeronda

Vanderbilt Law Review

Street photographers, like snipers, pride themselves on stealth.' Camouflaged in nondescript clothing, they wander the streets undetectable, armed, and on the hunt. When they find their mark, they act quickly. As the famous twentieth-century street photographer Henri Cartier-Bresson described: "The creative act lasts but a brief moment, a lightning instant of give-and-take, just long enough for you to level the camera and to trap the fleeting prey in your little box." While methods of "trapping prey" vary from shooter to shooter, the mission remains the same-staying as covert as possible and catching an unknowing subject in a candid pose. In …

Blowing Its Cover: How The Intelligence Identities Protection Act Has Masqueraded As An Effective Law And Why It Must Be Amended, Andrew M. Szilagyi

William & Mary Law Review

No abstract provided.

Introduction: Perspectives On Religious Fundamentalism And Families In The U.S., Vivian E. Hamilton

William & Mary Bill of Rights Journal

No abstract provided.