How Cheap Speech Underserves And Overheats Democracy,
2021
Washington University in St. Louis School of Law
How Cheap Speech Underserves And Overheats Democracy, Gregory P. Magarian
Scholarship@WashULaw
A quarter century ago, Eugene Volokh’s article Cheap Speech and What It Will Do foretold a new regime of technologically driven “cheap speech” that would fundamentally change how people communicated with one another and navigated the information ecosystem. Professor Volokh’s vision was mainly descriptive, and his normative assessment of cheap speech sounded some circumspect notes of warning. Fundamentally, though, he painted an optimistic picture. In particular, he made the important claim that emerging technologies would democratize and diversify our society by giving many more speakers access to the tools of mass communication and audiences access to many more ideas.
Kent State And The Failure Of First Amendment Law,
2021
Washington University in St. Louis School of Law
Kent State And The Failure Of First Amendment Law, Gregory P. Magarian
Scholarship@WashULaw
Since the U.S. Supreme Court decided its first free speech case 100 years ago, two very different eras have defined First Amendment law. For a half century, before 1970, the Supreme Court focused on protecting the expressive freedom of political dissidents and social reformers. In 1970, amid protests against the Vietnam War, the Ohio National Guard senselessly gunned down four students at Kent State University. The Kent State massacre exposed the fragility in our country of political protest, free speech, and democracy itself. That atrocity should have inspired First Amendment law to affirm and enhance its protection of dissenters and …
Panel One: Classification And Access To National Security Information,
2021
University of North Carolina School of Law
Panel One: Classification And Access To National Security Information, Mary-Rose Papandrea, Margaret Kwoka, David Pozen, Stephen I. Vladeck
Faculty Scholarship
This article is a transcript of the first panel of First Amendment Law Review’s 2021 Symposium on National Security, Whistleblowers, and the First Amendment, discussing classification and access to national security information.
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.
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.
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.
The Interdependence Of Racial Justice And Free Speech For Racists,
2021
New York Law School
The Interdependence Of Racial Justice And Free Speech For Racists, Nadine Strossen
Articles & Chapters
No abstract provided.
Taking Exception To Assessments Of American Exceptionalism: Why The United States Isn't Such An Outlier On Free Speech,
2021
University of Oklahoma College of Law
Taking Exception To Assessments Of American Exceptionalism: Why The United States Isn't Such An Outlier On Free Speech, Evelyn Aswad
Faculty Articles
One of the most significant challenges to human freedom in the digital age involves the sheer power of private companies over speech and the fact that power is untethered to existing free speech principles. Heated debates are ongoing about what standards social media companies should adopt to regulate speech on their platforms. Some have argued that global social media companies, such as Facebook and Twitter, should align their speech codes with the international human rights law standards of the United Nations (“U.N.”). Others have countered that U.S.-based companies should apply First Amendment standards. Much of this debate is premised on …
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.
Defining Antisemitism,
2021
Touro University Jacob D. Fuchsberg Law Center
Defining Antisemitism, Mark Goldfeder
Scholarly Works
Antisemitic harassment is illegal, but without a standard definition of what ‘antisemitism’ includes, that idea is almost meaningless. That is why state legislatures and university administrators across the country are debating enacting policies that adopt the International Holocaust Remembrance Alliance (IHRA) definition of antisemitism. This Article will illustrate precisely how a state bill or a university policy utilizing the IHRA definition for assessing motivation when analyzing discriminatory conduct claims would actually function, so that critics can no longer vaguely claim that such policies would somehow offend the First Amendment. It will also explain the difference between protected political speech and …
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 …
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.
Debunking “De Minimis” Violations Of Prisoners’ Religious Rights: Further Problems With The Supreme Court’S “Hands Off” Approach,
2021
Touro Law Center
Debunking “De Minimis” Violations Of Prisoners’ Religious Rights: Further Problems With The Supreme Court’S “Hands Off” Approach, Samantha Sparacino
Touro Law Review
Circuits are split as there continues to be an inconsistent application of Supreme Court doctrine stemming from the notion of the separation of church and the state. Imprisonment does not strip a wrongdoer of his constitutionally guaranteed rights and protections. Some Circuits have held that a minor, or de minimis, interpretation of an inmate’s religious rights can constitute a substantial burden under the Religious Land Use and Institutionalized Persons Act. In the absence of clear direction from the Supreme Court, I propose that courts should refrain from determining the value of a religious belief or practice as it relates …
The Evolution And Jurisprudence Of The Foreign Intelligence Surveillance Court And Foreign Intelligence Surveillance Court Of Review,
2021
Georgetown University Law Center
The Evolution And Jurisprudence Of The Foreign Intelligence Surveillance Court And Foreign Intelligence Surveillance Court Of Review, Laura K. Donohue
Georgetown Law Faculty Publications and Other Works
The past eight years have witnessed an explosion in the number of publicly-available opinions and orders issued by the Foreign Intelligence Surveillance Court and Foreign Intelligence Surveillance Court of Review. From only six opinions in the public domain 1978–2012, by early 2021, eighty-eight opinions had been released. The sharp departure is even more pronounced in relation to orders: from only one order declassified during 1978–2012, since 2013, 288 have been formally released. These documents highlight how the courts’s roles have evolved since 2004 and reveal four key areas that dominate the courts’ jurisprudence: its position as a specialized, Article III …
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.
