All Articles tagged freedom of speech

• 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
  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.