Mar 1, 2019 | Article, First Amendment, Hannah Bloch-Wehba, Internet Law
By Hannah Bloch-Wehba Abstract Online intermediaries—search engines, social media platforms, even e-commerce businesses—are increasingly required to make critical decisions about free expression, individual privacy, and property rights under domestic law. These...
Jun 1, 2017 | First Amendment, Frederick Schauer, Symposium
By Frederick Schauer Abstract Among the more enduring visions of the goal of the First Amendment’s speech and press clauses, and of the very principle of freedom of speech more broadly, is the idea that a regime of freedom of speech will enable the society within...
Mar 1, 2017 | Case Note, Commercial, First Amendment, Shelby T. Perry
By Shelby T. Perry Abstract In Rowell v. Pettijohn, the Fifth Circuit deepened the circuit split on whether states’ anti-surcharge laws regulate economic conduct or implicate the First Amendment’s free speech protections. The court held that Texas’s anti-surcharge...
Jun 1, 2013 | Case Note, First Amendment, Phillip R. Sanders
By Phillip R. Sanders Abstract R.J. Reynolds Tobacco Co. v. FDA, the D.C. Court of Appeals expounded on the constitutional limits placed on compelled speech in a commercial setting. Specifically, the court held that certain graphic images required to be included on...
Jun 1, 2013 | Case Note, First Amendment, Renee M. Hunter
By Renee M. Hunter Abstract “Congress shall make no law respecting an establishment of religion.” The Establishment Clause is composed of but one half of a single sentence, yet it has culminated in an overwhelming body of jurisprudence fraught with...
Jun 1, 2013 | First Amendment, Sarah Honeycutt
By Sarah Honeycutt Abstract Arose by any other name would smell just as sweet to the contestants on ABC’s reality dating drama “The Bachelor.” Unfortunately, a freedom of expression case by any other name is also just as vexed, as was made clear by...
Jun 1, 2013 | Case Note, First Amendment, Ross Staine
By Ross Staine Abstract ERN elections engender a multitude of challenging constitutional issues due to the complex entanglement of interests possessed by individuals running for office, public employees subject to the control of elected officials, and voters who...
Mar 1, 2013 | Article, First Amendment
By Christina M. Mulligan Abstract Recent scholarship has argued that the constitutional guarantee of freedom of the press refers to speech-disseminating technology, such as the printing press, rather than to the institutional press. This Article argues that to protect...
Mar 1, 2012 | Case Note, First Amendment
By Cole Davis Abstract In Alliance for Open Society International, Inc. v. U.S. Agency for International Development (AOSI v. USAID), a divided panel of the Second Circuit affirmed a preliminary injunction barring the enforcement of a policy requirement in the United...
Jun 1, 2011 | Case Note, First Amendment, Natalie M. Cooley
By Natalie M. Cooley Abstract In Christian Legal Society Chapter of the University of California, Hastings College of the Law v. Martinez, the Supreme Court incorrectly held that Hastings College of the Law (Hastings) did not violate the Constitution in imposing an...
