First Amendment

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 […]

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 barred by the FEC’s aggregate limit on contributions.In June of 2012, McCutcheon and the Republication […]

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 no longer breathing. The D.C. Circuit’s decision in SpeechNow.org v. FEC had created a far […]

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 in the explicit graphic. This nonconsensual disclosure is generally fueled by an intent to harm, […]