Category Archives: First Amendment

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

Posted in Computer & Internet Law, First Amendment, Internet Law, Media Law | Comments Off

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

Posted in Constitutional Law, Criminal Law, First Amendment, Professional Responsibility | Comments Off

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

Posted in Constitutional Law, First Amendment | Comments Off

Ellen English, “Camels Agree with Your Throat” and Other Lies: Why Graphic Warnings are Necessary to Prevent Consumer Deception

The government’s latest attempt to protect consumers from the perils of tobacco use is in jeopardy. In 2009, Congress enacted the Family Smoking Prevention and Tobacco Control Act, which requires cigarette advertisements and packages to bear nine new textual health warnings and gives the … Continue reading

Posted in Administrative Law, Constitutional Law, First Amendment, Governments and Legislation | Comments Off

Janai S. Nelson, The First amendment, Equal Protection and Felon Disenfranchisement: A New Viewpoint

This Article engages the equality principles of the First Amendment and the Equal Protection Clause to reconsider the constitutionality of one of the last and most entrenched barriers to universal suffrage—felon disenfranchisement. A deeply racialized problem, felon disenfranchisement is additionally … Continue reading

Posted in Civil Rights Law, Constitutional Law, First Amendment | Comments Off

R. George Wright, Electoral Lies and the Broader Problems of Strict Scrutiny

States often attempt to regulate political speech in the form of deliberate lies related to ballot initiatives, referenda, candidates, or their political positions. Some courts focus on the various harms of electoral lies, while others focus more on the risks … Continue reading

Posted in Constitutional Law, First Amendment | Comments Off