All Articles tagged speech
General
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.
General
August 18, 2022 EDT This article provides a defense of categorical balancing. The methodology for determining new categories of unprotected speech and of determining when speech is presumed to be protected is in shambles.
General
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.
General
February 16, 2021 EDT This comment analyzes the book banning process and compares the treatment of books and video games.
General
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.
General
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.
General
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.
Justice Commentaries
May 28, 2019 EDT This article analyzes the interrogations of Brendan Dassey and explains why the behavior of law enforcement in the face of Brendan’s communication deficits contributed to an involuntary, unreliable confession.
General
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.
General
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.
Justice Commentaries
December 17, 2016 EDT This article demonstrates that regulation of prosecutor speech is piecemeal and inconsistent.
General
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.
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.
General
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.
General
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.
General
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.
General
January 01, 2013 EDT This article traces the historical development of the United States' approach to outlawing or permitting hate speech.
General
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.
General
January 01, 2013 EDT This article attempts to shed some light on the path forward for the legislative branch, bifurcating (as does the Alvarez decision) to address the harms posed by false claims of...
General
January 01, 2013 EDT 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 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 This essay describes the role that universities play in promoting enlightenment and, by extension, democracy.
General
January 01, 2013 EDT Opening remarks to the symposium.
General
January 01, 2013 EDT Symposium transcript.
General
January 01, 2013 EDT Symposium transcript.
State Constitutional Commentary
November 11, 2011 EDT 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 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 This article considers the competing interests of constitutionally protected speech and privacy as it relates to spam e-mails.
General
January 01, 2006 EDT This Article examines a series of foundations for independent state interpretation of the right to free speech.
General
January 01, 2005 EDT This article argues that free speech law does, and should, revolve around an alternative organizing principle: the autonomy of the listener.