Mar 1, 2021 | Article, Feature, First Amendment, Intellectual Property, Ned Snow
By Ned Snow Abstract In the past three years, the Supreme Court has twice ruled that Congress’s moral bars to trademark protection violate the First Amendment. Those rulings raise a simple question in other areas of intellectual property. Does the First Amendment...
Dec 1, 2020 | Article, Clay Calvert, Constitutional Law, Feature, First Amendment
By Clay Calvert Abstract The United States Supreme Court’s 2010 opinion in the crush-video case of United States v. Stevens made it extremely difficult to declare new varieties of low-value speech unprotected by the First Amendment. Five years later, the Court’s...
Sep 1, 2019 | 100th Anniversary of Schenck and Abrams, Article, First Amendment, Lackland H. Bloom, Jr., Supreme Court of the United States, Symposium
By Lackland H. Bloom, Jr. Abstract One hundred years ago, the Supreme Court embarked on its first serious consideration of the First Amendment’s guarantee of freedom of speech. In 1919, the Court upheld four federal criminal convictions over First Amendment defenses....
Sep 1, 2019 | 100th Anniversary of Schenck and Abrams, Article, Dale Carpenter, First Amendment, Sexuality and the Law, Symposium
By Dale Carpenter Abstract In 1924, Illinois issued a charter for a non-profit corporation, the Chicago-based Society for Human Rights (SHR). The group’s founder, Bavarian-born Henry Gerber, borrowed its name from a gay rights group in 1920s Germany, where the...
Sep 1, 2019 | 100th Anniversary of Schenck and Abrams, Article, First Amendment, Jurisprudence, Larry Alexander, Symposium
By Larry Alexander Abstract In 1919, in Schenck v. United States and Abrams v. United States, the U.S. Supreme Court made its initial foray into establishing the meaning of the First Amendment’s free speech clause. Those cases involved prosecutions that were...
Sep 1, 2019 | 100th Anniversary of Schenck and Abrams, Article, First Amendment, Kent Greenawalt, Symposium
By Kent Greenawalt Abstract A central issue about redundancy concerns how far the exercise of religion is simply a form of speech that is, and should be, constitutionally protected only to the extent that reaches speech generally. Insofar as a constitutional analysis...
Sep 1, 2019 | 100th Anniversary of Schenck and Abrams, Article, Constitutional Law, First Amendment, Ronald J. Krotoszynski, Jr., Supreme Court of the United States, Symposium
By Ronald J. Krotoszynski, Jr. Abstract Justice Oliver Wendell Holmes pioneered the clear and present danger test as the constitutional yardstick for determining when the government could punish speech that might cause social harms. The Supreme Court’s decision...
Sep 1, 2019 | 100th Anniversary of Schenck and Abrams, Article, First Amendment, Mari Matsuda, Symposium
By Mari Matsuda Abstract Revolution was in the air, and anti-war merged with anti-capitalism to create what the state believed was an imminent threat to its efforts in the First World War. In this context, refrains of which are coming soon to a metaphorical theater...
Sep 1, 2019 | 100th Anniversary of Schenck and Abrams, Article, First Amendment, Jurisprudence, Rodney A. Smolla, Supreme Court of the United States, Symposium
By Rodney A. Smolla Abstract “And ye shall know the truth, and the truth shall make you free.” This biblical verse, from the Christian New Testament Gospel of John, is etched into the wall of the original main building of the Central Intelligence Agency,...
Sep 1, 2019 | 100th Anniversary of Schenck and Abrams, Article, First Amendment, G. Edward White, Jurisprudence, Supreme Court of the United States, Symposium
By G. Edward White Abstract This Article considers the extent to which the exclusion of forms of speech from the coverage of the First Amendment has turned on the falsity of statements within the excluded categories. It does so, first, by reviewing the Supreme...
