Is Free Speech An Academic Value? Is Academic Freedom A Constitutional Value?,
2021
University of Massachusetts Amherst
Is Free Speech An Academic Value? Is Academic Freedom A Constitutional Value?, Daniel Gordon
FIU Law Review
No abstract provided.
Sport And Expression, Sport As Expression,
2021
FIU College of Law
Sport And Expression, Sport As Expression, Howard M. Wasserman
FIU Law Review
No abstract provided.
Comic Books, The First Amendment, And The “Best Test” For Right Of Publicity Issues,
2021
Touro Law Center
Comic Books, The First Amendment, And The “Best Test” For Right Of Publicity Issues, Rachel Silverstein
Touro Law Review
No abstract provided.
Deplatformed: Social Network Censorship, The First Amendment, And The Argument To Amend Section 230 Of The Communications Decency Act,
2021
Touro Law Center
Deplatformed: Social Network Censorship, The First Amendment, And The Argument To Amend Section 230 Of The Communications Decency Act, John A. Lonigro
Touro Law Review
No abstract provided.
The End Of The Affair,
2021
The Catholic University of America, Columbus School of Law
The End Of The Affair, Marc O. Degirolami
Scholarly Articles
Religion and liberalism have reached a complicated entente in the law of American and European democracies. At times the relationship has been diffi- dently cordial; at others something that appeared warmer. This period marked a change from previous eras of far more open mutual hostility. Liberalism and the traditional, historically rich and influential religions—particularly Christianity— never have been allies. To the contrary, liberalism was designed in part expressly to neuter the communal and political power of religion—again, especially Christianity—and to separate law from religion for the purpose of weakening the latter. The current rapprochement has endured for more than a …
Robust Unionism As A Compelling Interest: Evaluating The Exacting Policies Of Janus,
2021
University of San Francisco School of Law
Robust Unionism As A Compelling Interest: Evaluating The Exacting Policies Of Janus, Seth Santini
University of San Francisco Law Review
No abstract provided.
From After-School Detention To The Detention Center: How Unconstitutional School-Disruption Laws Place Children At Risk Of Prosecution For “Speech Crimes”,
2021
University of Florida
From After-School Detention To The Detention Center: How Unconstitutional School-Disruption Laws Place Children At Risk Of Prosecution For “Speech Crimes”, Frank Lomonte, Ann Marie Tamburro
Lewis & Clark Law Review
As unrest erupts across the country over issues of police violence and race, how and when police use their authority inside schools is receiving renewed scrutiny. Students of color are uniquely at risk of being subject to overzealous arrest as a result of a confluence of dangerous factors: Young people are constantly surveilled throughout the school day, constitutional search-and-seizure protections are diminished, and police have the benefit of not just the criminal laws that would apply in the “real world,” but a host of vague and subjective “speech crimes” for which they can justify detention, search, and arrest. This Article …
United Nations Free Speech Standards As The Global Benchmark For Online Platforms' Hate Speech Policies,
2021
New York Law School
United Nations Free Speech Standards As The Global Benchmark For Online Platforms' Hate Speech Policies, Nadine Strossen
Articles & Chapters
No abstract provided.
Government Speech And First Amendment Capture,
2021
University of Miami School of Law
Government Speech And First Amendment Capture, Caroline Mala Corbin
Articles
Alarm regarding government speech is not new. In earlier decades, scholars worried that the government's speech might monopolize a marketplace and drown out opposing viewpoints. But today, using a move I term "First Amendment capture," the government need not be the loudest speaker because it can become the only speaker. First Amendment capture has been made possible by the Supreme Court's developing government speech doctrine, which holds that government speech is not subject to the Free Speech Clause. Consequently, once speech is declared governmental, the government may censor viewpoints it does not like. First Amendment capture categorizing contested speech as …
The Fourth Amendment’S Forgotten Free-Speech Dimensions,
2021
University of Colorado Law School
The Fourth Amendment’S Forgotten Free-Speech Dimensions, Aya Gruber
Publications
No abstract provided.
Keynote Address,
2021
University of Michigan Law School
Keynote Address, Jessica Litman
Cardozo Arts & Entertainment Law Journal
The article explores the significant yet underappreciated role of Edward S. Rogers in shaping U.S. trademark law, particularly through his drafting of the Lanham Act. It argues that Rogers' deep involvement in the law's creation embedded a use-based, common law foundation that has proven durable but increasingly problematic in modern commerce. Despite Rogers' later evolution in thinking, his early drafting choices, influenced by historical legal frameworks, continue to shape the statute's quirks and limitations.
Constitutive Choices: Section 230 And First Amendment Values Versus Fosta And President Trump's Executive Order,
2021
University of Minnesota
Constitutive Choices: Section 230 And First Amendment Values Versus Fosta And President Trump's Executive Order, Scott Memmel, Christopher Terry
Cardozo Arts & Entertainment Law Journal
In 2018, the Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA) produced the first category of speech not provided immunity by Section 230 of the Communications Decency Act. This first cut against Section 230 was followed by President Donald Trump's May 2020 executive order aimed at limiting the legal protections for social media companies. Both of these actions represent a new battle over old ideas about protecting expression. This Article uses Paul Starr's "Constitutive Choices" model to suggest that Section 230 represents a legacy of laws and regulations designed to foster free speech and access to information. …
An Estate Plan For Kanye West,
2021
University of South Dakota School of Law
An Estate Plan For Kanye West, Thomas E. Simmons
Cardozo Arts & Entertainment Law Journal
One inventory item in megastar Kanye West's vast portfolio of assets merits a unique sort of care and safeguarding his right ofpublicity. The right ofpublicity is a property interest which represents the commercial value of a celebrity's name, image, and likeness. In some states, including California, the right survives the celebrity's death and is freely alienable and devisable. A protective arrangement, such as a trust, is often pursued to impose postmortem use and transferability restrictions on property that has particular importance to the testator. This Article proposes a noncharitable purpose trust as a means by which Kanye West's right of …
Book Review: The Cambridge Companion To The First Amendment And Religious Liberty,
2021
University of Georgia School of Law
Book Review: The Cambridge Companion To The First Amendment And Religious Liberty, Nathan Chapman
Scholarly Works
Review of The Cambridge Companion to The First Amendment and Religious Liberty. Edited by Michael D. Breidenbach and Owen Anderson. Cambridge: Cambridge University Press, 2020. xii + 461 pp. $39.99 paper.
Race And The First Amendment: A Compendium Of Resources,
2021
University of Michigan Law School
Race And The First Amendment: A Compendium Of Resources, Solomon F. Worlds, Leonard M. Niehoff
Articles
This article provides summaries of law review articles and books that consider the complex relationship between racial justice and free speech. It seeks to assist law students, legal scholars, judges, and practitioners to think more deeply about the intersection between these critically important values. It describes scholarship that views these values as complementary, but also scholarship that views them as conflicting.
No Exit: Ten Years Of "Privacy Vs. Speech" Post-Sorrell,
2021
Vanderbilt University Law School
No Exit: Ten Years Of "Privacy Vs. Speech" Post-Sorrell, G. S. Hans
Vanderbilt Law School Faculty Publications
A decade has passed since the U.S. Supreme Court held in Sorrell vs. IMS Health that a Vermont privacy law violated the First Amendment. Somewhat surprisingly, the debate about the intersection between privacy laws and free speech protections has not progressed much in the intervening years. If anything, the concerns that some privacy advocates had following Sorrell-that the First Amendment could be used as a tool to overturn privacy regulations-have extended to other areas of economic regulation. As a public interest attorney working on technology law and policy, I entered into practice not long after Sorrell was decided, when it …
Government Falsehoods, Democratic Harm, And The Constitution,
2021
University of Colorado Law School
Government Falsehoods, Democratic Harm, And The Constitution, Helen Norton
Publications
No abstract provided.
Catalyzing Privacy Law,
2021
Georgetown University Law Center
Catalyzing Privacy Law, Anupam Chander, Margot E. Kaminski, William Mcgeveran
Publications
The United States famously lacks a comprehensive federal data privacy law. In the past year, however, over half the states have proposed broad privacy bills or have established task forces to propose possible privacy legislation. Meanwhile, congressional committees are holding hearings on multiple privacy bills. What is catalyzing this legislative momentum? Some believe that Europe’s General Data Protection Regulation (GDPR), which came into force in 2018, is the driving factor. But with the California Consumer Privacy Act (CCPA) which took effect in January 2020, California has emerged as an alternate contender in the race to set the new standard for …
Agonistic Privacy & Equitable Democracy,
2021
University of Colorado Law School
Agonistic Privacy & Equitable Democracy, Scott Skinner-Thompson
Publications
This Essay argues that legal privacy protections—which enable individuals to control their visibility within public space—play a vital role in disrupting the subordinating, antidemocratic impacts of surveillance and should be at the forefront of efforts to reform the operation of both digital and physical public space. Robust privacy protections are a touchstone for empowering members of different marginalized groups with the ability to safely participate in both the physical and digital public squares, while also preserving space for vibrant subaltern counterpublics. By increasing heterogeneity within the public sphere, privacy can also help decrease polarization by breaking down echo chambers and …
Living The Sacred: Indigenous Peoples And Religious Freedom,
2021
University of Colorado Law School
Living The Sacred: Indigenous Peoples And Religious Freedom, Kristen A. Carpenter
Publications
No abstract provided.
