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7,928 full-text articles. Page 76 of 235.

Secular Invocations, The First Amendment, And The Promise Of Religious Pluralism, Jay Wexler 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, Mary Anne Case 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, Erwin Chemerinsky 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, Marci A. Hamilton 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, John A. Ragosta 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, Toni M. Massaro, Helen Norton 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), Helen Norton 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, Deborah J. Cantrell 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, Claudia E. Haupt, Wendy E. Parmet 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, Trae Havens 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, Anna H. McNeil 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, Kaitlyn M. Huelskamp 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, [email protected] 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, Heidi Moore 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, Lloyd Histoshi Mayer, Zachary B. Pohlman 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, Mark Fenster 2021 University of Florida Levin College of Law

Transparency And The First, Mark Fenster

FIU Law Review

No abstract provided.


Professor Fish—Why Are You Still Picking On Liberalism?, Micah Schwartzman 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, Samuel A. Terilli, Jr. 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, Larry Alexander 2021 University of San Diego School of Law

Fish On First, Larry Alexander

FIU Law Review

No abstract provided.


Dehors The Record: A Correction Of A Final Jeopardy Question, Thomas E. Baker 2021 FIU College of Law

Dehors The Record: A Correction Of A Final Jeopardy Question, Thomas E. Baker

FIU Law Review

No abstract provided.


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