Topic
First Amendment: Speech
Posts
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ArticleVol. 88 · Iss. 2
The Political Fourth Amendment
The Political Fourth Amendment builds on Justice Ginsburg’s recent dissent in Herring v. United States to argue for a “more majestic conception” of the Fourth Amendment…
Thomas P. Crocker -
ArticleVol. 94 · Iss. 6
Cutting Through: Thirteen Ways of Looking at Justice Stevens
Detroit imposes special zoning restrictions on adult movie theaters. “If the theater is used to present ‘material distinguished or characterized by an emphasis on…
Abner S. Greene -
NoteVol. 95 · Iss. 6
Legal Defiance: Government-Sanctioned Graffiti Walls and the First Amendment
The caricature face of Maine Governor Paul LePage, wearing a Ku Klux Klan hood and surrounded by the words homophobe, moron, and racist greeted…
Kelly Oeltjenbruns -
ArticleVol. 95 · Iss. 6
The View from My Window
The experience of writing a book and then reading what some very smart and knowledgeable people have to say about the subject matter is…
Gregory P. Magarian -
ArticleVol. 95 · Iss. 6
Managing Dissent
In his insightful new book, Managed Speech: The Roberts Court’s First Amendment (2017), Professor Greg Magarian criticizes the Roberts Court for adopting a “managed…
Timothy Zick -
ArticleVol. 95 · Iss. 6
Public Employee Speech and Magarian’s Dynamic Diversity
The Supreme Court under Chief Justice John Roberts has been praised in many quarters as a committed ally of free speech. Certainly, a number…
Heidi Kitrosser -
ArticleVol. 95 · Iss. 6
A Half-Hearted Defense of the Categorical Approach
One of Professor Magarian’s more impressive achievements in Managed Speech is paying the Roberts Court the compliment of providing a theory that runs through…
Chad Flanders -
ArticleVol. 95 · Iss. 6
Four Principles for Digital Expression (You Won’t Believe #3!)
At the dawn of the Internet’s emergence, the Supreme Court rhapsodized about its potential as a tool for free expression and political liberation. In…
Danielle Keats Citron & Neil M. Richards -
ArticleVol. 95 · Iss. 6
Candides and Cassandras: Technology and Free Speech on the Roberts Court
John Roberts assumed his position as Chief Justice of the United States just prior to the commencement of the October 2005 Term of the…
Ashutosh Bhagwat -
ArticleVol. 95 · Iss. 6
Public Unions Under First Amendment Fire
Unions today are under First Amendment fire, with the compelled speech doctrine as the weapon of choice. Conservative interests are waging a legal war…
Tabatha Abu El-Haj -
NoteVol. 95 · Iss. 4
Shielding Children from Pornography by Incentivizing Private Choice
In March of 2016, Playboy stopped publishing images of naked women in their magazines. According to the company’s chief executive, Scott Flanders, “[the] battle…
Karen Hinkley -
NoteVol. 95 · Iss. 3
The Future of GMO Labeling: How a New Federal Labeling Scheme will Alter Public Disclosure
Genetic modification is a process used for a myriad of purposes, including the cultivation of plant species that ultimately find their way into countless…
Maria DeGiovanni