Topic
first amendment
2,545 published works
Media Law Prof Blog
Self-Censorship and the First Amendment
Robert A. Sedler, Wayne State University Law School, has published Self-Censorship and the First Amendment in volume 25 of the Notre Dame Journal of Law, Ethics and Public Policy (2011). Here…
inversecondemnation.com
Legislators’ Voting Is An Exercise Of “Power,” Not “Speech”
The technical legal question before the Court in Nevada Comm'n on Ethics v. Carrigan, No. 10-568 (June 13, 2011) was whether legislative voting by an elected official was "speech" and…
Constitutional Law Prof Blog
Third Circuit En Banc, The Schoolhouse Gates, My Space, and the First Amendment: Opinions
By ConLawProf initials at end of post
Today, the Third Circuit en banc has rendered its opinion in JS v. Blue Mountain Sch. Dist. and its opinion in Layshock v. Hermitage Sch. Dist., a year after the…
Constitutional Law Prof Blog
Legislative Vote is not Protected Speech, Court Rules
By ConLawProf initials at end of post
The Supreme Court ruled today in Nevada Commission on Ethics v. Carrigan that a legislative vote is not protected speech under the First Amendment and that a state recusal statute…
Sentencing Law and Policy
Might concerns about porn prosecutions and gun rights be impacting SCOTUS decision-making int he violent video game case?
Main June 12, 2011Might concerns about porn prosecutions and gun rights be impacting SCOTUS decision-making int he violent video game case?As many SCOTUS watchers know, the Supreme Court has been…
inversecondemnation.com
Op-Ed On SCOTUS Carrigan Case: Do Elected Officials With a Conflict of Interest Have a Right to Vote Anyway?
Today, Honolulu Civil Beat features our piece on Nevada Comm'n on Ethics v. Carrigan, "Do Elected Officials With a Conflict of Interest Have a Right to Vote Anyway?"We've written about…
Constitutional Law Prof Blog
Heyman on Holmes and the Jekyll-and-Hyde First Amendment
By ConLawProf initials at end of post
Professor Steven J. Heyman's article, The Dark Side Of The Force: The Legacy Of Justice Holmes For First Amendment Jurisprudence, has just been published, 19 William & Mary Bill of…
Media Law Prof Blog
Defining “Freedom of Speech” Under the First Amendment
Stuart Minor Benjamin, Duke University School of Law, has published Transmitting, Editing, and Communicating: Determining What 'The Freedom of Speech' Encompasses, at 60 Duke Law Journal 1673 (2011). Here is…
Sentencing Law and Policy
Fifth Circuit rules that secret sentencing was improper
Main May 18, 2011Fifth Circuit rules that secret sentencing was improperAs reported in this Houston Chronicle article, the Fifth Circuit late yesterday "ruled it was illegal for a judge to…
TortsProf Blog
Guest Blogger Robert Rabin: “The Legacy of New York Times v. Sullivan: Time for a Reassessment?”
A soldier is killed in Iraq, serving his country; his grieving father arranges a funeral service and burial in the nearby cemetery of their hometown church; a publicity-seeking religious sect,…