Category Archives: First Amendment

R. George Wright, Content-Neutral and Content-Based Regulations of Speech: A Distinction That Is No Longer Worth the Fuss

Introduction The binary distinction between content-neutral and content-based speech regulations is of central importance in First Amendment doctrine. This distinction has been the subject of U.S. Supreme Court attention on several occasions.  As the case law has evolved, however, this … Continue reading

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Vitaliy Kats, Because, the Internet: The Limits of Online Campaign Finance Disclosure

During the 2011–2012 election cycle, Shaun McCutcheon contributed $33,088 to sixteen different candidates for federal office.  McCutcheon’s donations complied with the base limits the Federal Election Commission (FEC) set for contributions to individual candidates.McCutcheon wanted to contribute more but was … Continue reading

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Albert W. Alschuler, Limiting Political Contributions After McCutcheon, Citizens United, and SpeechNow

There was something unreal about the opinions in McCutcheon v. FEC. These opinions examined a series of strategies for circumventing the limits on contributions to candidates imposed by federal election law, but they failed to notice that the limits were … Continue reading

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Aubrey Burris, Hell Hath No Fury like a Woman Porned: Revenge Porn and the Need for a Federal Nonconsensual Pornography Statute

Revenge porn is the term used to describe an intimate image or video that is initially shared within the context of a private relationship but is later publicly disclosed, usually on the Internet, without the consent of the individual featured … Continue reading

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Margaret Tarkington, Lost in the Compromise: Free Speech, Criminal Justice, and Attorney Pretrial Publicity

The right to a jury trial, the presumption of innocence, the social compact between the individual and the State—these are among the weighty interests in our criminal justice system that can be bolstered or undermined through attorney pretrial publicity. The … Continue reading

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Rodney A. Smolla, Regulating the Speech of Judges and Lawyers: The First Amendment and the Soul of the Profession

The legal profession has historically asserted moral and legal authority to substantially control the speech of judges and lawyers. This impulse to control the speech of judges and lawyers is driven by many of the profession’s most strongly held interests … Continue reading

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