Secular Invocations, The First Amendment, And The Promise Of Religious Pluralism,
2021
Boston University School of Law
Secular Invocations, The First Amendment, And The Promise Of Religious Pluralism, Jay Wexler
Roger Williams University Law Review
No abstract provided.
Who Conquers With This Sign? The Significance Of The Secularization Of The Bladensburg Cross,
2021
University of Chicago Law School
Who Conquers With This Sign? The Significance Of The Secularization Of The Bladensburg Cross, Mary Anne Case
Roger Williams University Law Review
No abstract provided.
No, It Is Not A Christian Nation, And It Never Has Been And Should Not Be One,
2021
University of California, Berkeley School of Law
No, It Is Not A Christian Nation, And It Never Has Been And Should Not Be One, Erwin Chemerinsky
Roger Williams University Law Review
No abstract provided.
The Framers, Faith, And Tyranny,
2021
University of Pennsylvania
The Framers, Faith, And Tyranny, Marci A. Hamilton
Roger Williams University Law Review
No abstract provided.
A Wall Between A Secular Government And A Religious People,
2021
Robert H. Smith International Center for Jefferson Studies at Monticello
A Wall Between A Secular Government And A Religious People, John A. Ragosta
Roger Williams University Law Review
No abstract provided.
Free Speech And Democracy: A Primer For Twenty-First Century Reformers,
2021
University of Arizona James E. Rogers College of Law
Free Speech And Democracy: A Primer For Twenty-First Century Reformers, Toni M. Massaro, Helen Norton
Publications
Left unfettered, the twenty-first-century speech environment threatens to undermine critical pieces of the democratic project. Speech operates today in ways unimaginable not only to the First Amendment’s eighteenth-century writers but also to its twentieth-century champions. Key among these changes is that speech is cheaper and more abundant than ever before, and can be exploited — by both government and powerful private actors alike — as a tool for controlling others’ speech and frustrating meaningful public discourse and democratic outcomes.
The Court’s longstanding First Amendment doctrine rests on a model of how speech works that is no longer accurate. This invites …
How The Supreme Court Talks About The Press (And Why We Should Care),
2021
University of Colorado Law School
How The Supreme Court Talks About The Press (And Why We Should Care), Helen Norton
Publications
No abstract provided.
Transformative Silence And Protest,
2021
University of Colorado Law School
Transformative Silence And Protest, Deborah J. Cantrell
Publications
Social movement protests have become common place in the last several years. Images come easily to mind of protestors marching down streets holding signs and chanting. Just as easily, images come to mind of counter-protestors yelling back, and law enforcement engaging protestors, often trying to control them with notable force. This Article recognizes that protestors often engage with speech, silence and the law in very pragmatic, but important ways. How does a locality handle permitting for protests? Are there noise restrictions to know about? How likely will it be that law enforcement will be present and making arrests? If there …
Public Health Originalism And The First Amendment,
2021
Northeastern University
Public Health Originalism And The First Amendment, Claudia E. Haupt, Wendy E. Parmet
Washington and Lee Law Review
Current First Amendment doctrine has set public health regulation and protections for commercial speech on a collision course. This Article examines the permissibility of compelled public health and safety warnings after the Supreme Court’s decision in National Institute of Family & Life Advocates v. Becerra (NIFLA) through the lens of a concurrence to the Ninth Circuit’s en banc decision in American Beverage Ass’n v. City & County of San Francisco (American Beverage II) suggesting that only health and safety warnings dating back to 1791 are presumptively constitutional under the First Amendment.
Rejecting this form of “public health originalism,” this Article …
The First Amendment Has Entered The Chat: Oklahoma’S Cyberharassment Law,
2021
University of Oklahoma College of Law
The First Amendment Has Entered The Chat: Oklahoma’S Cyberharassment Law, Trae Havens
Oklahoma Law Review
No abstract provided.
Failing To Protect Public Employees’ First Amendment Rights: The Need For A Presumption Of Public Concern For Truthful Testimony,
2021
University of Oklahoma College of Law
Failing To Protect Public Employees’ First Amendment Rights: The Need For A Presumption Of Public Concern For Truthful Testimony, Anna H. Mcneil
Oklahoma Law Review
No abstract provided.
Lemons, Legislatures, And Liberties: The Constitutionality Of Prayer At Public School Board Meetings,
2021
University of Oklahoma College of Law
Lemons, Legislatures, And Liberties: The Constitutionality Of Prayer At Public School Board Meetings, Kaitlyn M. Huelskamp
Oklahoma Law Review
No abstract provided.
Free Speech In The Modern Age,
2021
Fordham Law School
Free Speech In The Modern Age, [email protected]
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Fields V. Speaker Of Pennsylvania House Of Representatives,
2021
New York Law School
Fields V. Speaker Of Pennsylvania House Of Representatives, Heidi Moore
NYLS Law Review
No abstract provided.
What Is Caesar's, What Is God's: Fundamental Public Policy For Churches,
2021
Notre Dame Law School
What Is Caesar's, What Is God's: Fundamental Public Policy For Churches, Lloyd Histoshi Mayer, Zachary B. Pohlman
Journal Articles
Bob Jones University v. United States is both a highly debated Supreme Court decision and a rarely applied one. Its recognition of a contrary to fundamental public policy doctrine that could cause an otherwise tax-exempt organization to lose its favorable federal tax status remains highly controversial, although the Court has shown no inclination to revisit the case and Congress has shown no desire to change the underlying statutes to alter the case’s result. That lack of action may be in part because the IRS applies the decision in relatively rare and narrow circumstances.
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Transparency And The First,
2021
University of Florida Levin College of Law
Professor Fish—Why Are You Still Picking On Liberalism?,
2021
University of Virginia School of Law
Professor Fish—Why Are You Still Picking On Liberalism?, Micah Schwartzman
FIU Law Review
No abstract provided.
Stanley Fish, The First, And The Life Of The Law,
2021
University of Miami, School of Communication
Stanley Fish, The First, And The Life Of The Law, Samuel A. Terilli, Jr.
FIU Law Review
No abstract provided.
Fish On First,
2021
University of San Diego School of Law
Dehors The Record: A Correction Of A Final Jeopardy Question,
2021
FIU College of Law
Dehors The Record: A Correction Of A Final Jeopardy Question, Thomas E. Baker
FIU Law Review
No abstract provided.
