Category Archives: First Amendment

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

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Jocelyn Ho, Bullied to Death: Cberbullying and Student Online Speech Rights

In the age of online social networking, photo and video sharing, blogs, text messaging, and other forms of communication technology, bullying among teenagers has reached a whole new level. It has transcended the traditional schoolyard context and crossed into cyberspace, … Continue reading

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

Jordan E. Pratt, An Open and Shut Case: Why (and How) The Eleventh Circuit Should Restrain the Government’s Forum Closure Power

63 Fla. L. Rev. 1487 (2011)| | | |||| The Supreme Court has made it clear that when the government opens a nontraditional public forum, it retains the power to shut down the forum subsequently. But the Court has not … Continue reading

Posted in Civil Procedure, Civil Rights Law, Constitutional Law, First Amendment, Governments and Legislation, Jurisprudence, Uncategorized | Comments Off