Topic
First Amendment: Speech
Posts
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ArticleVol. 90 · Iss. 4
The Mugshot Industry: Freedom of Speech, Rights of Publicity, and the Controversy Sparked by an Unusual New Type of Business
Matthew Creed, a young entrepreneur in suburban Kansas City, decided to start a business. He created a website called BlabberMouth featuring the names, addresses,…
Allen Rostron -
NoteVol. 90 · Iss. 1
The Speaker the Court Forgot: Re-Evaluating NLRA Section 8(b)(4)(B)’s Secondary Boycott Restrictions in Light of Citizens United and Sorrell
In the staggeringly unpopularCitizens United v. Federal Election Commission decision, the Supreme Court overruled precedent and struck down a federal law that placed restrictions…
Zoran Tasić -
CommentaryVol. 90 · Iss. 1
To Swear or not to Swear: Using Foul Language During a Supreme Court Oral Argument
Swearing is not the first thing that comes to mind when preparing for a Supreme Court oral argument. But for lawyers arguing certain types…
Alan E. Garfield -
ArticleVol. 89 · Iss. 6
Response—Factions for the Rest of Us
This response paper highlights the author’s three objectives in writing Liberty?s Refuge: one diagnostic, one historical, and one normative. The diagnosis highlights difficulties with…
John D. Inazu -
ArticleVol. 89 · Iss. 6
Commentary—How Necessary Is the Right of Assembly?
As a political culture seemingly hard-wired for the full-throated championing of individual rights, we are not quite sure what to do with liberty claims…
Robert K. Vischer -
ArticleVol. 89 · Iss. 6
Commentary—Liberty’s Refuge, or the Refuge of Scoundrels?: The Limits of the Right of Assembly
Liberty’s Refuge is an important book with a lot of original and interesting things to say about the First Amendment. In many ways, however,…
Ashutosh Bhagwat -
ArticleVol. 89 · Iss. 6
Introduction—Entering Liberty’s Refuge (Some Assembly Required)
This brief discussion of a book I greatly admire, by an author I am fortunate to know as a colleague and a friend, cannot…
Gregory P. Magarian -
ArticleVol. 89 · Iss. 5
“A Horrible Fascination”: Sex, Segregation, and the Lost Politics of Obscenity
Building on current interest in the regulation of child pornography, this Article goes back to the 1950s, recovering a lost history of how southern…
Anders Walker -
ArticleVol. 89 · Iss. 5
Constitutionalized Negligence
The propriety of imposing tort liability for negligent speech has been the subject of controversy since before the First Amendment’s incorporation. The debate over…
Deana Pollard Sacks -
NoteVol. 89 · Iss. 3
Social Networking v. The Employment- at-Will Doctrine: A Potential Defense for Employees Fired for Facebooking, Terminated for Twittering, Booted for Blogging, and Sacked for Social Networking
Everyone is doing it: Grandma Margaret, Ginkgo the Black Labrador, and even President Obama have all jumped into the social networking craze via Facebook…
Catherine Crane