All Articles tagged free speech

• General
  August 18, 2022 EDT
  Ultra Compelled: Abortion Providers’ Free Speech Rights After NIFLA
  Kimberley Harris

  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.

• General
  February 24, 2021 EDT
  Imposing Silence Through Settlement: A First-Amendment Case Study of the New York Attorney General
  Aaron Gordon

  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.

  Abstract
• General
  February 16, 2021 EDT
  A COMPARATIVE ANALYSIS OF BOOK BANNING AND VIDEO GAMES: SHOULD THERE BE A DIFFERENCE UNDER THE FIRST AMENDMENT?
  Marlena Mareno

  This comment analyzes the book banning process and compares the treatment of books and video games.

• General
  January 17, 2020 EDT
  BANNING OFF-LABEL DRUG PROMOTION OFFENDS THE U.S. CONSTITUTION: MAKING THE STRONGEST CASE
  Lars Noah

  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.

• General
  January 01, 2018 EDT
  FREE SPEECH ORIGINALISM
  Tyler Broker

  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.

• General
  March 28, 2017 EDT
  GETTING EVEN: EMPOWERING VICTIMS OF REVENGE PORN WITH A CIVIL CAUSE OF ACTION
  Jessica M. Pollack

  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.

• General
  June 15, 2016 EDT
  AN ELASTIC AMENDMENT: JUSTICE STEPHEN G. BREYER’S FLUID CONCEPTIONS OF FREEDOM OF SPEECH
  Benjamin Pomerance

  This article attempts to add greater clarity to the ongoing questions about Justice Breyer’s inclinations in the area of freedom of speech.

• New York Appeals
  February 13, 2015 EDT
  IN SUPPORT OF AN IMPLIED STATE CONSTITUTIONAL FREE SPEECH TORT IN PUBLIC EMPLOYMENT RETALIATION CASES
  Howard L. Zwickel

  This article argues that a meaningful state free speech constitutional tort, with enhanced state standards, could encourage more expressive activity by public employees.

• General
  January 01, 2013 EDT
  CATHOLIC VALUES, HUMAN DIGNITY, AND THE MORAL LAW IN THE UNITED STATES SUPREME COURT: JUSTICE ANTHONY KENNEDY‘S APPROACH TO THE CONSTITUTION
  Anne Jelliff

  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.

• General
  January 01, 2013 EDT
  EXCEPTIONAL FREEDOM—THE ROBERTS COURT, THE FIRST AMENDMENT, AND THE NEW ABSOLUTISM
  Ronald K.L. Collins

  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.

• General
  January 01, 2013 EDT
  HATE SPEECH, FIGHTING WORDS, AND BEYOND—WHY AMERICAN LAW IS UNIQUE
  Robert M. O'Neil

  This article traces the historical development of the United States' approach to outlawing or permitting hate speech.

• General
  January 01, 2013 EDT
  CATEGORIES, TIERS OF REVIEW, AND THE ROILING SEA OF FREE SPEECH DOCTRINEAND PRINCIPLE: A METHODOLOGICAL CRITIQUE OF UNITED STATES V. ALVAREZ
  Rodney A. Smolla

  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.

• General
  January 01, 2013 EDT
  ARE THERE FIRST AMENDMENT VACUUMS?: THE CASE OF THE FREE SPEECH CHALLENGE TO TOBACCO PACKAGE LABELING REQUIREMENTS
  R. George Wright

  This article asks whether an apparent free speech law case could, upon closer examination, ever turn out to not really involve a genuine free speech law case.

• General
  January 01, 2013 EDT
  CRIMINAL CONSPIRACY AS FREE EXPRESSION
  Martin H. RedishMichael J.T. Downey

  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.

• General
  January 01, 2013 EDT
  WHAT ARE WE SAYING? VIOLENCE, VULGARITY, LIES . . . AND THE IMPORTANCE OF 21ST CENTURY FREE SPEECH
  Benjamin P. Pomerance

  Opening remarks to the symposium.

• General
  January 01, 2013 EDT
  DEBATE ON CITIZENS UNITED V. FEDERAL ELECTION COMMISSION
  Floyd AbramsAlan B. MorrisonRonald K.L. Collins

  Symposium transcript.

• General
  January 01, 2013 EDT
  PANEL DISCUSSIONON RECENT U.S. SUPREME COURT FREE SPEECH DECISIONS & THE IMPLICATIONS OF THESE CASES FOR AMERICAN SOCIETY
  Alan B. MorrisonSusan N. HermanRobert M. O'NeilRonald K.L. CollinsRobert D. RichardsAdam Liptak

  Symposium transcript.

• State Constitutional Commentary
  November 11, 2011 EDT
  THE CONSTITUTIONAL PARAMETERS OF NEW YORK STATE‘S DOMESTIC WORKERS BILL OF RIGHTS: BALANCING THE RIGHTS OF WORKERS AND EMPLOYERS
  Donna E. Young

  The new law, though touching upon certain constitutional rights of employers, does not run afoul of the Constitution any more than does regulation aimed at more traditional workplaces.

• General
  March 03, 2009 EDT
  A “GREAT” DAY FOR ACADEMIC FREEDOM: THE THREAT POSED TO ACADEMIC FREEDOM BY THE SUPREME COURT’S DECISION IN GARCETTI V. CEBALLOS
  Robert S. Rosborough IV

  This note discusses the Supreme Court’s May 2006 decision in Garcetti v. Ceballos and its potential implications for academic freedom.

• General
  January 01, 2007 EDT
  INVASION OF PRIVACY V. COMMERCIAL SPEECH: REGULATION OF SPAM WITH A COMPARATIVE CONSTITUTIONAL POINT OF VIEW
  Soon Chul Huh

  This article considers the competing interests of constitutionally protected speech and privacy as it relates to spam e-mails.

• General
  January 01, 2006 EDT
  FREE EXERCISE OF SPEECH IN SHOPPING MALLS: BASES THAT SUPPORT AN INDEPENDENT INTERPRETATION OF ARTICLE 40 OF THE MARYLAND DECLARATION OF RIGHTS
  Matthew S. Fuchs

  This Article examines a series of foundations for independent state interpretation of the right to free speech.

• General
  January 01, 2005 EDT
  DELIBERATIVE AUTONOMY AND LEGITIMATE STATE PURPOSE UNDER THE FIRST AMENDMENT
  Aditi Bagchi

  This article argues that free speech law does, and should, revolve around an alternative organizing principle: the autonomy of the listener.