Topic
First Amendment: Speech
Posts
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ArticleVol. 96 · Iss. 2
Patents and the First Amendment
Patents are intended as a means of promoting innovation through private pecuniary incentives. But the patent system has for some time been on a…
Dan L. Burk -
NoteVol. 93 · Iss. 6
Whistle With a Purpose: Extending Coverage Under SOX to Employees Discharging Their Duties
The relative ease with which corporate fraud went unnoticed during the Enron scandal created tension between Congress and the public. In hindsight, the public…
Jonathan Lee -
NoteVol. 92 · Iss. 5
The Seven Dirty Words You Should Be Allowed to Say on Television
For any American who has ever watched television on one of the traditional broadcast networks, seven particular dirty words have always been conspicuously absent.…
Ellen Alexandra Eichner -
ArticleVol. 97 · Iss. 6
Reconsidering Hostile Takeover of Religious Organizations
Beginning in 2016, the headlines of major publications began announcing that Donald Trump had successfully completed a “hostile takeover” of the Republican Party. What…
B. Jessie Hill -
ArticleVol. 97 · Iss. 6
Freedom of Association: Campus Religious Groups
On August 15, 1789, the First Congress met to discuss the proposed Bill of Rights. On the agenda for the day was a draft…
Michael W. McConnell -
ArticleVol. 97 · Iss. 6
Scholarship, Teaching, and Protest
The preceding protest stems from Professor Michael McConnell’s use of an unredacted historical quote containing the N-word in one of his classes at Stanford…
John Inazu -
CommentaryVol. 97 · Iss. 4
Troll Storms and Tort Liability for Speech Urging Action by Others: A First Amendment Analysis and An Initial Step Toward A Federal Rule
This Commentary examines when, consistent with First Amendment principles of free expression, speakers can be held tortiously responsible for the actions of others with…
Clay Calvert -
ArticleVol. 91 · Iss. 3
For-Profit Corporations, Free Exercise, and the HHS Mandate
Under the Patient Protection and Affordable Care Act, most employers must provide their employees with health insurance that covers all FDA-approved contraceptive methods and…
Scott W. Gaylord -
ArticleVol. 97 · Iss. 3
Collective Goods and The Court: A Theory of Constitutional Commodification
Not everything is or should be for sale. Collective goods such as our democracy and parts of our natural environment would be destroyed if…
Eric W. Orts & Amy J. Sepinwall -
NoteVol. 98 · Iss. 3
How Content Moderation May Expose Social Media Companies to Greater Defamation Liability
This Note will explain the critical distinction between “publishers” and “platforms,” why social media entities are currently considered “platforms,” and why the legal system…
Tanner Bone -
ArticleVol. 98 · Iss. 2
Freedom of the Press in Post-Truthism America
Freedom of the press in America is at a critical crossroads in a number of ways, but one way stands out as most fundamental:…
RonNell Andersen Jones & Lisa Grow Sun -
CommentaryVol. 90 · Iss. 6
Poking Holes in L.A.’s New Condom Requirement: Pornography, Barebacking, and Speech
In November 2012, California voters approved the County of Los Angeles Safer Sex in the Adult Film Industry Act, known as ?Measure B. The…
Alexander S. Birkhold