All Articles tagged first amendment
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January 06, 2023 EDT This article argues the United States Supreme Court has abandoned the original public meaning approach in its recent opinions in Bruen, Dobbs, and Kennedy.
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August 18, 2022 EDT Laws compelling speech from abortion providers should be subjected to at least intermediate scrutiny and thus fail as they are not substantially related to an important government interest.
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February 24, 2021 EDT This article carries important implications for the constitutionality of the CFTC’s speech-suppressant practices, as well as for any other official attempt to exact surrenders of constitutional rights through settlement agreements.
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February 16, 2021 EDT This comment analyzes the book banning process and compares the treatment of books and video games.
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December 31, 2020 EDT This article examines state and federal authority to mandate mask-wearing amid a public health crisis.
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July 22, 2020 EDT This article asserts that the First Amendment protects wearing political apparel at a polling place during voting hours unless it intimidates other voters or is disruptive of the electoral process.
New York Appeals
February 05, 2020 EDT This article looks at the New Voices campaign and the background as to why it is time for New York to adopt a law protecting student journalists.
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January 17, 2020 EDT For purposes of applying Minnesota Voters Alliance to the Johnson Amendment, the applicable test should be the standard articulated by Chief Justice Roberts in FEC v. Wisconsin Right to Life.
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January 17, 2020 EDT Applying restrictions on promoting off-label uses to bar generic drug manufacturers from touting uses approved by the FDA for their brand-name competitors cannot possibly pass muster under the First Amendment.
State Constitutional Commentary
September 13, 2019 EDT Approaching religious freedom claims through the judicial branch can help states avoid the dangers of RFRA legislative fights, while ensuring that religious protections are balanced against competing rights claims.
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December 12, 2018 EDT Had Justice Kennedy not been on the Court, the Court would likely have decided more broadly that free exercise trumps any generally applicable obligation under a mere state statute.
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January 01, 2018 EDT If an evidence-based, procedural test of the effects of speech was applied in accordance with its original intent, speech would be more broadly and deeply protected.
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June 11, 2017 EDT This article summarizes what Town of Greece v. Galloway has to offer in a new Establishment Clause doctrine.
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May 25, 2017 EDT This article argues that there may actually be a much greater degree of separation between church and state in Britain than there is in the United States.
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May 01, 2017 EDT In the post-Citizens United campaign finance world, several major problems have been posed and exacerbated.
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March 28, 2017 EDT Criminalizing revenge porn is not the best method by which to seek redress against an offender, but rather, states should enact civil causes of action specifically against revenge porn.
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June 15, 2016 EDT This article attempts to add greater clarity to the ongoing questions about Justice Breyer’s inclinations in the area of freedom of speech.
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June 15, 2016 EDT This article examines the Ruiz-Diaz decision and its effect on the question of whether the refusal of immigration benefits violates RFRA if religious-based exceptions are not made available.
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March 23, 2015 EDT This article queries whether the majority’s denial of Massachusetts’ challenge to the constitutionality of the Vietnam War in Massachusetts v. Laird is less compelling on principle than Justice Douglas’s dissent.
New York Appeals
February 13, 2015 EDT This article argues that a meaningful state free speech constitutional tort, with enhanced state standards, could encourage more expressive activity by public employees.
State Constitutional Commentary
January 05, 2015 EDT It is the purpose of this article to articulate the state of state constitutional protections for free exercise of religion after Oregon v. Smith.
State Constitutional Commentary
September 23, 2013 EDT In this article, the author evaluates modern efforts to repeal or amend state no-aid clauses, focusing specifically on proposals involving religious elementary and secondary schools.
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January 01, 2013 EDT This article argues that the government cannot achieve its interest in preventing smoking by requiring tobacco companies to adopt and express the government's subjective message.
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January 01, 2013 EDT This paper approaches Kennedy as a person of faith and looks at the effect this faith has inevitably had on his legal philosophy and on his court decisions.
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January 01, 2013 EDT Foreword that outlines some preliminary ideas regarding that tenet of the Roberts Court‘s jurisprudence and what it may portend for the future of our free speech law.
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January 01, 2013 EDT This article traces the historical development of the United States' approach to outlawing or permitting hate speech.
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January 01, 2013 EDT In United States v. Alvarez, the Supreme Court struck down the Stolen Valor Act. The failure of five Justices to agree on a rationale is the focus of this article.
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January 01, 2013 EDT This article surveys reactions to Holder in the broader context of the Roberts Court‘s First Amendment jurisprudence, and cautiously assesses the likely long-term consequences of the decision.
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January 01, 2013 EDT This article provides an in-depth analysis of the legal hurdles the Federal Communications Commission will face in attempting to construct any modified policy governing broadcast indecency.
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January 01, 2013 EDT This article considers whether any areas of expression that have been tossed on the junk heap of First Amendment doctrine deserve thoughtful reconsideration through principled constitutional analysis.
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January 01, 2013 EDT This essay describes the role that universities play in promoting enlightenment and, by extension, democracy.
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January 01, 2013 EDT Opening remarks to the symposium.