First Amendment

An Economic Approach to Religious Exemptions

Stephanie H. Barclay

Abstract Externalities caused by religious exemptions have been getting thespotlight again in light of a case the U.S. Supreme Court will hear thisterm: Fulton v. City of Philadelphia. Some argue that religiousindividuals should be required to internalize the costs they impose onthird parties and thus should be denied the right to practice that harmfulbehavior. These […]

“Revenge Porn” Reform: A View From the Front Lines

Written by: Mary Anne Franks

Abstract The legal and social landscape of “revenge porn” has changed dramatically in the last few years. Before 2013, only three states criminalized the unauthorized disclosure of sexually explicit images of adults and few people had ever heard the term “revenge porn.” As of July 2017, thirty-eight states and Washington, D.C. had criminalized the conduct; […]

Contextualizing the Free Exercise of Religion

Written by: Adam Lamparello

Abstract The level of protection afforded to an individual’s First Amendment right to freely exercise religion should depend upon the context within which it is exercised. Put differently, an individual’s right to religious liberty should be balanced against other individuals’ right to equal protection of the law, and the broader societal interest in protecting individuals […]

Counterspeech, Cosby, and Libel Law: Some Lessons About “Pure Opinion” & Resuscitating the Self-Defense Privilege

Written by: Clay Calvert

Abstract Using the recent federal district court opinions in Hill v. Cosby and Green v. Cosby as analytical springboards, this timely Article explores problems with the concept of pure opinion in libel law. Specifically, Hill and Green pivoted on the same allegedly defamatory statement attorney Martin Singer made on behalf of comedian Bill Cosby, yet […]

Who Watches This Stuff?: Videos Depicting Actual Murder and the Need for a Federal Criminal Murder-Video Statute

Written by: Musa K. Farmand, Jr.

Abstract Murder videos are video recordings that depict the intentional, unlawful killing of one human being by another. Generally, due to their obscene nature, murder videos are absent from mainstream media. However, in the wake of Vester Lee Flanagan II’s filmed murders of reporter Allison Parker and cameraman Adam Ward on live television, it is […]

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 apparently crucial distinction has become less clear, coherent, and practical, such that further attempts to […]