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FULTON AND THE FUTURE OF RELIGIOUS LIBERTY By: Megan Coates, Staff Member, Vol. 19 Introduction The Supreme Court recently heard oral argument in Fulton v. City of Philadelphia. In this case, a Catholic foster care agency resisted the City’s policy requiring agencies to certify same-sex couples as foster parents. Before reaching the Supreme Court, Fulton was heard at the ThirdCircuit, where
PROTECTING PROTESTORS’ FIRST AMENDMENT RIGHTS, OR SILENTLY Photo Credit: Courtesy of Stephen Melkisethian. By Sarah Rozek; Staff Member (Vol. 16). Charlottesville, a city in West Central Virginia, has a population of more than 200,000.It was not, however, the city’s size, its great selection of wineries, or its world-class university which made it into the headlines this year.Rather, it was the “Unite the Right” torchlight rally, which started NORTH CAROLINA’S FIRST AMENDMENT: PROVISIONAL PROTECTIONS Photo Credit: Courtesy of Jimmy Emerson, DVM By Adam Griffin; Staff Member (Vol. 16) North Carolina’s First Amendment Before the ratification of the Fourteenth Amendment, and before the Supreme Court doctrine of incorporation was created to impose the protections of the First Amendment against the State Governments, most State Constitutions had sister provisions that protected PACKINGHAM V. NORTH CAROLINA: A PRECAUTIONARY APPROACH TO By Jack F. Williams, Staff Member (Vol. 16) In 2008, the North Carolina legislature passed the “Protect Children from Sexual Predators Act.” As part of the Act, subsection 14-202.5 banned the use of “commercial social networking Web sites by any registered sex offender.” The statute applied to about “20,000 people in North Carolina” and reports FIRST AMENDMENT LAW REVIEW Mission. Since 2002, the First Amendment Law Review (“FALR”) has sought to “promote and protect the rights and freedoms guaranteed by the First Amendment through publishing scholarly writings on, and promoting discussion of, issues related to the First Amendment of the Constitution of the United States.” VOLUME 19 - FIRST AMENDMENT LAW REVIEW Volume 19 Fall Issue. Walking Out on Student Speech: The Erosion of Tinker and how Pickering Promises to Restore It by Emily Brown. Legal Fellow, Reporters Committee for Freedom of the Press. Misinformation Mayhem: Social Media Platforms’ Efforts to Combat Medical and Political Misinformation by Dawn Carla Nunziato. William Wallace Kirkpatrick Research Professor and Professor of Law, The VOLUMES - FIRSTAMENDMENTLAWREVIEW.ORG Volumes. First Amendment Law Review publishes one Volume each year. Each Volume contain three issues; Fall, Spring, and Symposium. Typically, FALR will publish two student pieces and two or three professional pieces in the Fall and Spring issues. “PLAY IN THE JOINTS” OF THE FIRST AMENDMENT By: Kristopher L. Caudle* The First Amendment to the United States Constitution provides two fundamental guarantees for all citizens: The government shall not establish an official religion; and the government shall not infringe upon a citizen’s right to freely exercise their chosen religion. However, the Supreme Court continues to recognize areas where there is ample IS TRUMP REALLY GUILTY OF INCITEMENT? By: Hannah Simmons, Staff Member, Vol. 19. On February 13, 2021, former President Donald Trump was acquitted of the impeachment charge alleging that he incited the United States Capitol riots. Even though the Senate did not reach the two-thirds majority needed to convict Trump for his role in inciting the mob to attack the capitol, this does not mean that Trump is not guilty. VOLUME 17 - FIRST AMENDMENT LAW REVIEW Volume 17 Fall Issue Correcting the Generally Accepted but Unjustified Interpretation of the Free Speech Clause by Michele Cotton Associate Professor and Director of the Legal and Ethical Studies program at the University of Baltimore Yale Gordon College of Arts and Sciences Market Place Theory in the Age of AI Communicators by Jared SchroederAssistant
FULTON AND THE FUTURE OF RELIGIOUS LIBERTY By: Megan Coates, Staff Member, Vol. 19 Introduction The Supreme Court recently heard oral argument in Fulton v. City of Philadelphia. In this case, a Catholic foster care agency resisted the City’s policy requiring agencies to certify same-sex couples as foster parents. Before reaching the Supreme Court, Fulton was heard at the ThirdCircuit, where
PROTECTING PROTESTORS’ FIRST AMENDMENT RIGHTS, OR SILENTLY Photo Credit: Courtesy of Stephen Melkisethian. By Sarah Rozek; Staff Member (Vol. 16). Charlottesville, a city in West Central Virginia, has a population of more than 200,000.It was not, however, the city’s size, its great selection of wineries, or its world-class university which made it into the headlines this year.Rather, it was the “Unite the Right” torchlight rally, which started NORTH CAROLINA’S FIRST AMENDMENT: PROVISIONAL PROTECTIONS Photo Credit: Courtesy of Jimmy Emerson, DVM By Adam Griffin; Staff Member (Vol. 16) North Carolina’s First Amendment Before the ratification of the Fourteenth Amendment, and before the Supreme Court doctrine of incorporation was created to impose the protections of the First Amendment against the State Governments, most State Constitutions had sister provisions that protected PACKINGHAM V. NORTH CAROLINA: A PRECAUTIONARY APPROACH TO By Jack F. Williams, Staff Member (Vol. 16) In 2008, the North Carolina legislature passed the “Protect Children from Sexual Predators Act.” As part of the Act, subsection 14-202.5 banned the use of “commercial social networking Web sites by any registered sex offender.” The statute applied to about “20,000 people in North Carolina” and reports VOLUMES - FIRSTAMENDMENTLAWREVIEW.ORG Volumes. First Amendment Law Review publishes one Volume each year. Each Volume contain three issues; Fall, Spring, and Symposium. Typically, FALR will publish two student pieces and two or three professional pieces in the Fall and Spring issues. CONTACT - FIRST AMENDMENT LAW REVIEW Contact. Please see the following contact information for your specific inquiries: General questions, alumni outreach, symposia, and membership: Ashley Fox, Editor-in-Chief. Article submissions: Lindsay Byers, Chief Articles and Notes Editor. Problems with our website: Maureen Gleason, Online Editor. All other questions: falr@unc.edu. BOOK BANS: FIRST AMENDMENT VIOLATION OF PRISONERS By: Athina Hinson-Boyte Just Mercy In December, the film adaptation of Bryan Stevenson’s book, Just Mercy was released in theaters. It tells the true story of Walter McMillian, a young black man who was sentenced to death for a murder he did not commit. The book shows the injustices and racism of the criminal system FREEDOM OF SPEECH: OFF THE STREET, AND ONTO YOUR SCREEN Freedom of Speech: Off the Street, and Onto Your Screen. December 18, 2020. ~. falrunc. By: Rolf Lundberg, Staff Writer. A. The Alternative Channel. Through the First Amendment, Americans are arguably afforded greater protection of their speech than in any other western democracy. However, those protections are not boundless. VOLUME 18 - FIRST AMENDMENT LAW REVIEW Volume 18 Fall Issue. #HECKLED by Josh Blackman. Associate Professor, South Texas College of Law Houston. Free Speech, Fake News, and Democracy by Alvin I. Goldman & Daniel Baker. Alvin I. Goldman is the recently retired Emeritus Board of Governors Professor of Philosophy and Cognitive Science at Rutgers University. COMBATING FAKE NEWS WITH PUBLIC NUISANCE LAW Fake news could be combated with public nuisance law similarly to how Oklahoma combated the opioid crisis if fake news were considered commercial speech. Commercial speech has fewer First Amendment protections than other types of speech and requires less strict review. Courts consider (1) whether the speech is an advertisement;(2) whether the
POLICING GENDER IN VIOLATION OF THE FIRST AMENDMENT Policing Gender in Violation of the First Amendment. By Emma Ferriola-Bruckenstein, Staff Member (Vol. 16) Gender and transgender identity has been in the news frequently over the past few years, from the rise of “bathroom bills” like North Carolina’s House Bill 2 PACKINGHAM V. NORTH CAROLINA: COURT PROTECTS SEX OFFENDERS By: Alison J. Rossi Early in summer of 2018, the Supreme Court of the United States unanimously ruled that a North Carolina law that banned convicted sex offenders from accessing or using social media websites was unconstitutional. In Packinham v. North Carolina, the Court ruled North Carolina’s law violated the First Amendment. This case has NOT PEACE, BUT A SWORD: JANUS AND THE WEAPONIZING OF FREE By Daniel J. Root The case and the controversy Last June, the Supreme Court in Janus v. AFSCME, Council 31 overturned a forty-one-year-old precedent. At issue was whether public employees who are not union members can be required to pay union dues. Under Abood v. Detroit Board of Education, non-union members could be required to THE EFFECTS OF REED V. TOWN OF GILBERT ON PANHANDLING LAWS The Supreme Court of the United States has never directly spoken on the constitutionality of anti-panhandling ordinances, but Reed v. Town of Gilbert, a 2015 Supreme Court decision concerning church signage, has become “the unexpected reason panhandling bans are being struck down across the country.”. Indeed, one commentator wrote that the FIRST AMENDMENT LAW REVIEW Mission. Since 2002, the First Amendment Law Review (“FALR”) has sought to “promote and protect the rights and freedoms guaranteed by the First Amendment through publishing scholarly writings on, and promoting discussion of, issues related to the First Amendment of the Constitution of the United States.” VOLUME 19 - FIRST AMENDMENT LAW REVIEW Volume 19 Fall Issue. Walking Out on Student Speech: The Erosion of Tinker and how Pickering Promises to Restore It by Emily Brown. Legal Fellow, Reporters Committee for Freedom of the Press. Misinformation Mayhem: Social Media Platforms’ Efforts to Combat Medical and Political Misinformation by Dawn Carla Nunziato. William Wallace Kirkpatrick Research Professor and Professor of Law, The VOLUMES - FIRSTAMENDMENTLAWREVIEW.ORG Volumes. First Amendment Law Review publishes one Volume each year. Each Volume contain three issues; Fall, Spring, and Symposium. Typically, FALR will publish two student pieces and two or three professional pieces in the Fall and Spring issues. “PLAY IN THE JOINTS” OF THE FIRST AMENDMENT By: Kristopher L. Caudle* The First Amendment to the United States Constitution provides two fundamental guarantees for all citizens: The government shall not establish an official religion; and the government shall not infringe upon a citizen’s right to freely exercise their chosen religion. However, the Supreme Court continues to recognize areas where there is ample IS TRUMP REALLY GUILTY OF INCITEMENT? By: Hannah Simmons, Staff Member, Vol. 19. On February 13, 2021, former President Donald Trump was acquitted of the impeachment charge alleging that he incited the United States Capitol riots. Even though the Senate did not reach the two-thirds majority needed to convict Trump for his role in inciting the mob to attack the capitol, this does not mean that Trump is not guilty. VOLUME 17 - FIRST AMENDMENT LAW REVIEW Volume 17 Fall Issue Correcting the Generally Accepted but Unjustified Interpretation of the Free Speech Clause by Michele Cotton Associate Professor and Director of the Legal and Ethical Studies program at the University of Baltimore Yale Gordon College of Arts and Sciences Market Place Theory in the Age of AI Communicators by Jared SchroederAssistant
FULTON AND THE FUTURE OF RELIGIOUS LIBERTY By: Megan Coates, Staff Member, Vol. 19 Introduction The Supreme Court recently heard oral argument in Fulton v. City of Philadelphia. In this case, a Catholic foster care agency resisted the City’s policy requiring agencies to certify same-sex couples as foster parents. Before reaching the Supreme Court, Fulton was heard at the ThirdCircuit, where
PROTECTING PROTESTORS’ FIRST AMENDMENT RIGHTS, OR SILENTLY Photo Credit: Courtesy of Stephen Melkisethian. By Sarah Rozek; Staff Member (Vol. 16). Charlottesville, a city in West Central Virginia, has a population of more than 200,000.It was not, however, the city’s size, its great selection of wineries, or its world-class university which made it into the headlines this year.Rather, it was the “Unite the Right” torchlight rally, which started NORTH CAROLINA’S FIRST AMENDMENT: PROVISIONAL PROTECTIONS Photo Credit: Courtesy of Jimmy Emerson, DVM By Adam Griffin; Staff Member (Vol. 16) North Carolina’s First Amendment Before the ratification of the Fourteenth Amendment, and before the Supreme Court doctrine of incorporation was created to impose the protections of the First Amendment against the State Governments, most State Constitutions had sister provisions that protected PACKINGHAM V. NORTH CAROLINA: A PRECAUTIONARY APPROACH TO By Jack F. Williams, Staff Member (Vol. 16) In 2008, the North Carolina legislature passed the “Protect Children from Sexual Predators Act.” As part of the Act, subsection 14-202.5 banned the use of “commercial social networking Web sites by any registered sex offender.” The statute applied to about “20,000 people in North Carolina” and reports FIRST AMENDMENT LAW REVIEW Mission. Since 2002, the First Amendment Law Review (“FALR”) has sought to “promote and protect the rights and freedoms guaranteed by the First Amendment through publishing scholarly writings on, and promoting discussion of, issues related to the First Amendment of the Constitution of the United States.” VOLUME 19 - FIRST AMENDMENT LAW REVIEW Volume 19 Fall Issue. Walking Out on Student Speech: The Erosion of Tinker and how Pickering Promises to Restore It by Emily Brown. Legal Fellow, Reporters Committee for Freedom of the Press. Misinformation Mayhem: Social Media Platforms’ Efforts to Combat Medical and Political Misinformation by Dawn Carla Nunziato. William Wallace Kirkpatrick Research Professor and Professor of Law, The VOLUMES - FIRSTAMENDMENTLAWREVIEW.ORG Volumes. First Amendment Law Review publishes one Volume each year. Each Volume contain three issues; Fall, Spring, and Symposium. Typically, FALR will publish two student pieces and two or three professional pieces in the Fall and Spring issues. “PLAY IN THE JOINTS” OF THE FIRST AMENDMENT By: Kristopher L. Caudle* The First Amendment to the United States Constitution provides two fundamental guarantees for all citizens: The government shall not establish an official religion; and the government shall not infringe upon a citizen’s right to freely exercise their chosen religion. However, the Supreme Court continues to recognize areas where there is ample IS TRUMP REALLY GUILTY OF INCITEMENT? By: Hannah Simmons, Staff Member, Vol. 19. On February 13, 2021, former President Donald Trump was acquitted of the impeachment charge alleging that he incited the United States Capitol riots. Even though the Senate did not reach the two-thirds majority needed to convict Trump for his role in inciting the mob to attack the capitol, this does not mean that Trump is not guilty. VOLUME 17 - FIRST AMENDMENT LAW REVIEW Volume 17 Fall Issue Correcting the Generally Accepted but Unjustified Interpretation of the Free Speech Clause by Michele Cotton Associate Professor and Director of the Legal and Ethical Studies program at the University of Baltimore Yale Gordon College of Arts and Sciences Market Place Theory in the Age of AI Communicators by Jared SchroederAssistant
FULTON AND THE FUTURE OF RELIGIOUS LIBERTY By: Megan Coates, Staff Member, Vol. 19 Introduction The Supreme Court recently heard oral argument in Fulton v. City of Philadelphia. In this case, a Catholic foster care agency resisted the City’s policy requiring agencies to certify same-sex couples as foster parents. Before reaching the Supreme Court, Fulton was heard at the ThirdCircuit, where
PROTECTING PROTESTORS’ FIRST AMENDMENT RIGHTS, OR SILENTLY Photo Credit: Courtesy of Stephen Melkisethian. By Sarah Rozek; Staff Member (Vol. 16). Charlottesville, a city in West Central Virginia, has a population of more than 200,000.It was not, however, the city’s size, its great selection of wineries, or its world-class university which made it into the headlines this year.Rather, it was the “Unite the Right” torchlight rally, which started NORTH CAROLINA’S FIRST AMENDMENT: PROVISIONAL PROTECTIONS Photo Credit: Courtesy of Jimmy Emerson, DVM By Adam Griffin; Staff Member (Vol. 16) North Carolina’s First Amendment Before the ratification of the Fourteenth Amendment, and before the Supreme Court doctrine of incorporation was created to impose the protections of the First Amendment against the State Governments, most State Constitutions had sister provisions that protected PACKINGHAM V. NORTH CAROLINA: A PRECAUTIONARY APPROACH TO By Jack F. Williams, Staff Member (Vol. 16) In 2008, the North Carolina legislature passed the “Protect Children from Sexual Predators Act.” As part of the Act, subsection 14-202.5 banned the use of “commercial social networking Web sites by any registered sex offender.” The statute applied to about “20,000 people in North Carolina” and reports VOLUMES - FIRSTAMENDMENTLAWREVIEW.ORG Volumes. First Amendment Law Review publishes one Volume each year. Each Volume contain three issues; Fall, Spring, and Symposium. Typically, FALR will publish two student pieces and two or three professional pieces in the Fall and Spring issues. CONTACT - FIRST AMENDMENT LAW REVIEW Contact. Please see the following contact information for your specific inquiries: General questions, alumni outreach, symposia, and membership: Ashley Fox, Editor-in-Chief. Article submissions: Lindsay Byers, Chief Articles and Notes Editor. Problems with our website: Maureen Gleason, Online Editor. All other questions: falr@unc.edu. BOOK BANS: FIRST AMENDMENT VIOLATION OF PRISONERS By: Athina Hinson-Boyte Just Mercy In December, the film adaptation of Bryan Stevenson’s book, Just Mercy was released in theaters. It tells the true story of Walter McMillian, a young black man who was sentenced to death for a murder he did not commit. The book shows the injustices and racism of the criminal system FREEDOM OF SPEECH: OFF THE STREET, AND ONTO YOUR SCREEN Freedom of Speech: Off the Street, and Onto Your Screen. December 18, 2020. ~. falrunc. By: Rolf Lundberg, Staff Writer. A. The Alternative Channel. Through the First Amendment, Americans are arguably afforded greater protection of their speech than in any other western democracy. However, those protections are not boundless. VOLUME 18 - FIRST AMENDMENT LAW REVIEW Volume 18 Fall Issue. #HECKLED by Josh Blackman. Associate Professor, South Texas College of Law Houston. Free Speech, Fake News, and Democracy by Alvin I. Goldman & Daniel Baker. Alvin I. Goldman is the recently retired Emeritus Board of Governors Professor of Philosophy and Cognitive Science at Rutgers University. COMBATING FAKE NEWS WITH PUBLIC NUISANCE LAW Fake news could be combated with public nuisance law similarly to how Oklahoma combated the opioid crisis if fake news were considered commercial speech. Commercial speech has fewer First Amendment protections than other types of speech and requires less strict review. Courts consider (1) whether the speech is an advertisement;(2) whether the
POLICING GENDER IN VIOLATION OF THE FIRST AMENDMENT Policing Gender in Violation of the First Amendment. By Emma Ferriola-Bruckenstein, Staff Member (Vol. 16) Gender and transgender identity has been in the news frequently over the past few years, from the rise of “bathroom bills” like North Carolina’s House Bill 2 PACKINGHAM V. NORTH CAROLINA: COURT PROTECTS SEX OFFENDERS By: Alison J. Rossi Early in summer of 2018, the Supreme Court of the United States unanimously ruled that a North Carolina law that banned convicted sex offenders from accessing or using social media websites was unconstitutional. In Packinham v. North Carolina, the Court ruled North Carolina’s law violated the First Amendment. This case has NOT PEACE, BUT A SWORD: JANUS AND THE WEAPONIZING OF FREE By Daniel J. Root The case and the controversy Last June, the Supreme Court in Janus v. AFSCME, Council 31 overturned a forty-one-year-old precedent. At issue was whether public employees who are not union members can be required to pay union dues. Under Abood v. Detroit Board of Education, non-union members could be required to THE EFFECTS OF REED V. TOWN OF GILBERT ON PANHANDLING LAWS The Supreme Court of the United States has never directly spoken on the constitutionality of anti-panhandling ordinances, but Reed v. Town of Gilbert, a 2015 Supreme Court decision concerning church signage, has become “the unexpected reason panhandling bans are being struck down across the country.”. Indeed, one commentator wrote that the FIRST AMENDMENT LAW REVIEW Mission. Since 2002, the First Amendment Law Review (“FALR”) has sought to “promote and protect the rights and freedoms guaranteed by the First Amendment through publishing scholarly writings on, and promoting discussion of, issues related to the First Amendment of the Constitution of the United States.” VOLUME 19 - FIRST AMENDMENT LAW REVIEW Volume 19 Fall Issue. Walking Out on Student Speech: The Erosion of Tinker and how Pickering Promises to Restore It by Emily Brown. Legal Fellow, Reporters Committee for Freedom of the Press. Misinformation Mayhem: Social Media Platforms’ Efforts to Combat Medical and Political Misinformation by Dawn Carla Nunziato. William Wallace Kirkpatrick Research Professor and Professor of Law, The VOLUMES - FIRSTAMENDMENTLAWREVIEW.ORG Volumes. First Amendment Law Review publishes one Volume each year. Each Volume contain three issues; Fall, Spring, and Symposium. Typically, FALR will publish two student pieces and two or three professional pieces in the Fall and Spring issues. “PLAY IN THE JOINTS” OF THE FIRST AMENDMENT By: Kristopher L. Caudle* The First Amendment to the United States Constitution provides two fundamental guarantees for all citizens: The government shall not establish an official religion; and the government shall not infringe upon a citizen’s right to freely exercise their chosen religion. However, the Supreme Court continues to recognize areas where there is ample IS TRUMP REALLY GUILTY OF INCITEMENT? By: Hannah Simmons, Staff Member, Vol. 19. On February 13, 2021, former President Donald Trump was acquitted of the impeachment charge alleging that he incited the United States Capitol riots. Even though the Senate did not reach the two-thirds majority needed to convict Trump for his role in inciting the mob to attack the capitol, this does not mean that Trump is not guilty. VOLUME 17 - FIRST AMENDMENT LAW REVIEW Volume 17 Fall Issue Correcting the Generally Accepted but Unjustified Interpretation of the Free Speech Clause by Michele Cotton Associate Professor and Director of the Legal and Ethical Studies program at the University of Baltimore Yale Gordon College of Arts and Sciences Market Place Theory in the Age of AI Communicators by Jared SchroederAssistant
FULTON AND THE FUTURE OF RELIGIOUS LIBERTY By: Megan Coates, Staff Member, Vol. 19 Introduction The Supreme Court recently heard oral argument in Fulton v. City of Philadelphia. In this case, a Catholic foster care agency resisted the City’s policy requiring agencies to certify same-sex couples as foster parents. Before reaching the Supreme Court, Fulton was heard at the ThirdCircuit, where
PROTECTING PROTESTORS’ FIRST AMENDMENT RIGHTS, OR SILENTLY Photo Credit: Courtesy of Stephen Melkisethian. By Sarah Rozek; Staff Member (Vol. 16). Charlottesville, a city in West Central Virginia, has a population of more than 200,000.It was not, however, the city’s size, its great selection of wineries, or its world-class university which made it into the headlines this year.Rather, it was the “Unite the Right” torchlight rally, which started NORTH CAROLINA’S FIRST AMENDMENT: PROVISIONAL PROTECTIONS Photo Credit: Courtesy of Jimmy Emerson, DVM By Adam Griffin; Staff Member (Vol. 16) North Carolina’s First Amendment Before the ratification of the Fourteenth Amendment, and before the Supreme Court doctrine of incorporation was created to impose the protections of the First Amendment against the State Governments, most State Constitutions had sister provisions that protected PACKINGHAM V. NORTH CAROLINA: A PRECAUTIONARY APPROACH TO By Jack F. Williams, Staff Member (Vol. 16) In 2008, the North Carolina legislature passed the “Protect Children from Sexual Predators Act.” As part of the Act, subsection 14-202.5 banned the use of “commercial social networking Web sites by any registered sex offender.” The statute applied to about “20,000 people in North Carolina” and reports FIRST AMENDMENT LAW REVIEW Mission. Since 2002, the First Amendment Law Review (“FALR”) has sought to “promote and protect the rights and freedoms guaranteed by the First Amendment through publishing scholarly writings on, and promoting discussion of, issues related to the First Amendment of the Constitution of the United States.” VOLUME 19 - FIRST AMENDMENT LAW REVIEW Volume 19 Fall Issue. Walking Out on Student Speech: The Erosion of Tinker and how Pickering Promises to Restore It by Emily Brown. Legal Fellow, Reporters Committee for Freedom of the Press. Misinformation Mayhem: Social Media Platforms’ Efforts to Combat Medical and Political Misinformation by Dawn Carla Nunziato. William Wallace Kirkpatrick Research Professor and Professor of Law, The VOLUMES - FIRSTAMENDMENTLAWREVIEW.ORG Volumes. First Amendment Law Review publishes one Volume each year. Each Volume contain three issues; Fall, Spring, and Symposium. Typically, FALR will publish two student pieces and two or three professional pieces in the Fall and Spring issues. “PLAY IN THE JOINTS” OF THE FIRST AMENDMENT By: Kristopher L. Caudle* The First Amendment to the United States Constitution provides two fundamental guarantees for all citizens: The government shall not establish an official religion; and the government shall not infringe upon a citizen’s right to freely exercise their chosen religion. However, the Supreme Court continues to recognize areas where there is ample IS TRUMP REALLY GUILTY OF INCITEMENT? By: Hannah Simmons, Staff Member, Vol. 19. On February 13, 2021, former President Donald Trump was acquitted of the impeachment charge alleging that he incited the United States Capitol riots. Even though the Senate did not reach the two-thirds majority needed to convict Trump for his role in inciting the mob to attack the capitol, this does not mean that Trump is not guilty. VOLUME 17 - FIRST AMENDMENT LAW REVIEW Volume 17 Fall Issue Correcting the Generally Accepted but Unjustified Interpretation of the Free Speech Clause by Michele Cotton Associate Professor and Director of the Legal and Ethical Studies program at the University of Baltimore Yale Gordon College of Arts and Sciences Market Place Theory in the Age of AI Communicators by Jared SchroederAssistant
FULTON AND THE FUTURE OF RELIGIOUS LIBERTY By: Megan Coates, Staff Member, Vol. 19 Introduction The Supreme Court recently heard oral argument in Fulton v. City of Philadelphia. In this case, a Catholic foster care agency resisted the City’s policy requiring agencies to certify same-sex couples as foster parents. Before reaching the Supreme Court, Fulton was heard at the ThirdCircuit, where
PROTECTING PROTESTORS’ FIRST AMENDMENT RIGHTS, OR SILENTLY Photo Credit: Courtesy of Stephen Melkisethian. By Sarah Rozek; Staff Member (Vol. 16). Charlottesville, a city in West Central Virginia, has a population of more than 200,000.It was not, however, the city’s size, its great selection of wineries, or its world-class university which made it into the headlines this year.Rather, it was the “Unite the Right” torchlight rally, which started NORTH CAROLINA’S FIRST AMENDMENT: PROVISIONAL PROTECTIONS Photo Credit: Courtesy of Jimmy Emerson, DVM By Adam Griffin; Staff Member (Vol. 16) North Carolina’s First Amendment Before the ratification of the Fourteenth Amendment, and before the Supreme Court doctrine of incorporation was created to impose the protections of the First Amendment against the State Governments, most State Constitutions had sister provisions that protected PACKINGHAM V. NORTH CAROLINA: A PRECAUTIONARY APPROACH TO By Jack F. Williams, Staff Member (Vol. 16) In 2008, the North Carolina legislature passed the “Protect Children from Sexual Predators Act.” As part of the Act, subsection 14-202.5 banned the use of “commercial social networking Web sites by any registered sex offender.” The statute applied to about “20,000 people in North Carolina” and reports VOLUMES - FIRSTAMENDMENTLAWREVIEW.ORG Volumes. First Amendment Law Review publishes one Volume each year. Each Volume contain three issues; Fall, Spring, and Symposium. Typically, FALR will publish two student pieces and two or three professional pieces in the Fall and Spring issues. CONTACT - FIRST AMENDMENT LAW REVIEW Contact. Please see the following contact information for your specific inquiries: General questions, alumni outreach, symposia, and membership: Ashley Fox, Editor-in-Chief. Article submissions: Lindsay Byers, Chief Articles and Notes Editor. Problems with our website: Maureen Gleason, Online Editor. All other questions: falr@unc.edu. BOOK BANS: FIRST AMENDMENT VIOLATION OF PRISONERS By: Athina Hinson-Boyte Just Mercy In December, the film adaptation of Bryan Stevenson’s book, Just Mercy was released in theaters. It tells the true story of Walter McMillian, a young black man who was sentenced to death for a murder he did not commit. The book shows the injustices and racism of the criminal system FREEDOM OF SPEECH: OFF THE STREET, AND ONTO YOUR SCREEN Freedom of Speech: Off the Street, and Onto Your Screen. December 18, 2020. ~. falrunc. By: Rolf Lundberg, Staff Writer. A. The Alternative Channel. Through the First Amendment, Americans are arguably afforded greater protection of their speech than in any other western democracy. However, those protections are not boundless. VOLUME 18 - FIRST AMENDMENT LAW REVIEW Volume 18 Fall Issue. #HECKLED by Josh Blackman. Associate Professor, South Texas College of Law Houston. Free Speech, Fake News, and Democracy by Alvin I. Goldman & Daniel Baker. Alvin I. Goldman is the recently retired Emeritus Board of Governors Professor of Philosophy and Cognitive Science at Rutgers University. COMBATING FAKE NEWS WITH PUBLIC NUISANCE LAW Fake news could be combated with public nuisance law similarly to how Oklahoma combated the opioid crisis if fake news were considered commercial speech. Commercial speech has fewer First Amendment protections than other types of speech and requires less strict review. Courts consider (1) whether the speech is an advertisement;(2) whether the
POLICING GENDER IN VIOLATION OF THE FIRST AMENDMENT Policing Gender in Violation of the First Amendment. By Emma Ferriola-Bruckenstein, Staff Member (Vol. 16) Gender and transgender identity has been in the news frequently over the past few years, from the rise of “bathroom bills” like North Carolina’s House Bill 2 PACKINGHAM V. NORTH CAROLINA: COURT PROTECTS SEX OFFENDERS By: Alison J. Rossi Early in summer of 2018, the Supreme Court of the United States unanimously ruled that a North Carolina law that banned convicted sex offenders from accessing or using social media websites was unconstitutional. In Packinham v. North Carolina, the Court ruled North Carolina’s law violated the First Amendment. This case has NOT PEACE, BUT A SWORD: JANUS AND THE WEAPONIZING OF FREE By Daniel J. Root The case and the controversy Last June, the Supreme Court in Janus v. AFSCME, Council 31 overturned a forty-one-year-old precedent. At issue was whether public employees who are not union members can be required to pay union dues. Under Abood v. Detroit Board of Education, non-union members could be required to THE EFFECTS OF REED V. TOWN OF GILBERT ON PANHANDLING LAWS The Supreme Court of the United States has never directly spoken on the constitutionality of anti-panhandling ordinances, but Reed v. Town of Gilbert, a 2015 Supreme Court decision concerning church signage, has become “the unexpected reason panhandling bans are being struck down across the country.”. Indeed, one commentator wrote that the FIRST AMENDMENT LAW REVIEW Mission. Since 2002, the First Amendment Law Review (“FALR”) has sought to “promote and protect the rights and freedoms guaranteed by the First Amendment through publishing scholarly writings on, and promoting discussion of, issues related to the First Amendment of the Constitution of the United States.” VOLUME 19 - FIRST AMENDMENT LAW REVIEW Volume 19 Fall Issue. Walking Out on Student Speech: The Erosion of Tinker and how Pickering Promises to Restore It by Emily Brown. Legal Fellow, Reporters Committee for Freedom of the Press. Misinformation Mayhem: Social Media Platforms’ Efforts to Combat Medical and Political Misinformation by Dawn Carla Nunziato. William Wallace Kirkpatrick Research Professor and Professor of Law, The VOLUMES - FIRSTAMENDMENTLAWREVIEW.ORG Volumes. First Amendment Law Review publishes one Volume each year. Each Volume contain three issues; Fall, Spring, and Symposium. Typically, FALR will publish two student pieces and two or three professional pieces in the Fall and Spring issues. IS TRUMP REALLY GUILTY OF INCITEMENT? By: Hannah Simmons, Staff Member, Vol. 19. On February 13, 2021, former President Donald Trump was acquitted of the impeachment charge alleging that he incited the United States Capitol riots. Even though the Senate did not reach the two-thirds majority needed to convict Trump for his role in inciting the mob to attack the capitol, this does not mean that Trump is not guilty. “PLAY IN THE JOINTS” OF THE FIRST AMENDMENT By: Kristopher L. Caudle* The First Amendment to the United States Constitution provides two fundamental guarantees for all citizens: The government shall not establish an official religion; and the government shall not infringe upon a citizen’s right to freely exercise their chosen religion. However, the Supreme Court continues to recognize areas where there is ample VOLUME 17 - FIRST AMENDMENT LAW REVIEW Volume 17 Fall Issue Correcting the Generally Accepted but Unjustified Interpretation of the Free Speech Clause by Michele Cotton Associate Professor and Director of the Legal and Ethical Studies program at the University of Baltimore Yale Gordon College of Arts and Sciences Market Place Theory in the Age of AI Communicators by Jared SchroederAssistant
FULTON AND THE FUTURE OF RELIGIOUS LIBERTY By: Megan Coates, Staff Member, Vol. 19 Introduction The Supreme Court recently heard oral argument in Fulton v. City of Philadelphia. In this case, a Catholic foster care agency resisted the City’s policy requiring agencies to certify same-sex couples as foster parents. Before reaching the Supreme Court, Fulton was heard at the ThirdCircuit, where
PROTECTING PROTESTORS’ FIRST AMENDMENT RIGHTS, OR SILENTLY Photo Credit: Courtesy of Stephen Melkisethian. By Sarah Rozek; Staff Member (Vol. 16). Charlottesville, a city in West Central Virginia, has a population of more than 200,000.It was not, however, the city’s size, its great selection of wineries, or its world-class university which made it into the headlines this year.Rather, it was the “Unite the Right” torchlight rally, which started NORTH CAROLINA’S FIRST AMENDMENT: PROVISIONAL PROTECTIONS Photo Credit: Courtesy of Jimmy Emerson, DVM By Adam Griffin; Staff Member (Vol. 16) North Carolina’s First Amendment Before the ratification of the Fourteenth Amendment, and before the Supreme Court doctrine of incorporation was created to impose the protections of the First Amendment against the State Governments, most State Constitutions had sister provisions that protected PACKINGHAM V. NORTH CAROLINA: A PRECAUTIONARY APPROACH TO By Jack F. Williams, Staff Member (Vol. 16) In 2008, the North Carolina legislature passed the “Protect Children from Sexual Predators Act.” As part of the Act, subsection 14-202.5 banned the use of “commercial social networking Web sites by any registered sex offender.” The statute applied to about “20,000 people in North Carolina” and reports FIRST AMENDMENT LAW REVIEW Mission. Since 2002, the First Amendment Law Review (“FALR”) has sought to “promote and protect the rights and freedoms guaranteed by the First Amendment through publishing scholarly writings on, and promoting discussion of, issues related to the First Amendment of the Constitution of the United States.” VOLUME 19 - FIRST AMENDMENT LAW REVIEW Volume 19 Fall Issue. Walking Out on Student Speech: The Erosion of Tinker and how Pickering Promises to Restore It by Emily Brown. Legal Fellow, Reporters Committee for Freedom of the Press. Misinformation Mayhem: Social Media Platforms’ Efforts to Combat Medical and Political Misinformation by Dawn Carla Nunziato. William Wallace Kirkpatrick Research Professor and Professor of Law, The VOLUMES - FIRSTAMENDMENTLAWREVIEW.ORG Volumes. First Amendment Law Review publishes one Volume each year. Each Volume contain three issues; Fall, Spring, and Symposium. Typically, FALR will publish two student pieces and two or three professional pieces in the Fall and Spring issues. IS TRUMP REALLY GUILTY OF INCITEMENT? By: Hannah Simmons, Staff Member, Vol. 19. On February 13, 2021, former President Donald Trump was acquitted of the impeachment charge alleging that he incited the United States Capitol riots. Even though the Senate did not reach the two-thirds majority needed to convict Trump for his role in inciting the mob to attack the capitol, this does not mean that Trump is not guilty. “PLAY IN THE JOINTS” OF THE FIRST AMENDMENT By: Kristopher L. Caudle* The First Amendment to the United States Constitution provides two fundamental guarantees for all citizens: The government shall not establish an official religion; and the government shall not infringe upon a citizen’s right to freely exercise their chosen religion. However, the Supreme Court continues to recognize areas where there is ample VOLUME 17 - FIRST AMENDMENT LAW REVIEW Volume 17 Fall Issue Correcting the Generally Accepted but Unjustified Interpretation of the Free Speech Clause by Michele Cotton Associate Professor and Director of the Legal and Ethical Studies program at the University of Baltimore Yale Gordon College of Arts and Sciences Market Place Theory in the Age of AI Communicators by Jared SchroederAssistant
FULTON AND THE FUTURE OF RELIGIOUS LIBERTY By: Megan Coates, Staff Member, Vol. 19 Introduction The Supreme Court recently heard oral argument in Fulton v. City of Philadelphia. In this case, a Catholic foster care agency resisted the City’s policy requiring agencies to certify same-sex couples as foster parents. Before reaching the Supreme Court, Fulton was heard at the ThirdCircuit, where
PROTECTING PROTESTORS’ FIRST AMENDMENT RIGHTS, OR SILENTLY Photo Credit: Courtesy of Stephen Melkisethian. By Sarah Rozek; Staff Member (Vol. 16). Charlottesville, a city in West Central Virginia, has a population of more than 200,000.It was not, however, the city’s size, its great selection of wineries, or its world-class university which made it into the headlines this year.Rather, it was the “Unite the Right” torchlight rally, which started NORTH CAROLINA’S FIRST AMENDMENT: PROVISIONAL PROTECTIONS Photo Credit: Courtesy of Jimmy Emerson, DVM By Adam Griffin; Staff Member (Vol. 16) North Carolina’s First Amendment Before the ratification of the Fourteenth Amendment, and before the Supreme Court doctrine of incorporation was created to impose the protections of the First Amendment against the State Governments, most State Constitutions had sister provisions that protected PACKINGHAM V. NORTH CAROLINA: A PRECAUTIONARY APPROACH TO By Jack F. Williams, Staff Member (Vol. 16) In 2008, the North Carolina legislature passed the “Protect Children from Sexual Predators Act.” As part of the Act, subsection 14-202.5 banned the use of “commercial social networking Web sites by any registered sex offender.” The statute applied to about “20,000 people in North Carolina” and reports VOLUMES - FIRSTAMENDMENTLAWREVIEW.ORG Volumes. First Amendment Law Review publishes one Volume each year. Each Volume contain three issues; Fall, Spring, and Symposium. Typically, FALR will publish two student pieces and two or three professional pieces in the Fall and Spring issues. CONTACT - FIRST AMENDMENT LAW REVIEW Contact. Please see the following contact information for your specific inquiries: General questions, alumni outreach, symposia, and membership: Ashley Fox, Editor-in-Chief. Article submissions: Lindsay Byers, Chief Articles and Notes Editor. Problems with our website: Maureen Gleason, Online Editor. All other questions: falr@unc.edu. BOOK BANS: FIRST AMENDMENT VIOLATION OF PRISONERS By: Athina Hinson-Boyte Just Mercy In December, the film adaptation of Bryan Stevenson’s book, Just Mercy was released in theaters. It tells the true story of Walter McMillian, a young black man who was sentenced to death for a murder he did not commit. The book shows the injustices and racism of the criminal system VOLUME 18 - FIRST AMENDMENT LAW REVIEW Volume 18 Fall Issue. #HECKLED by Josh Blackman. Associate Professor, South Texas College of Law Houston. Free Speech, Fake News, and Democracy by Alvin I. Goldman & Daniel Baker. Alvin I. Goldman is the recently retired Emeritus Board of Governors Professor of Philosophy and Cognitive Science at Rutgers University. FREEDOM OF SPEECH: OFF THE STREET, AND ONTO YOUR SCREEN Freedom of Speech: Off the Street, and Onto Your Screen. December 18, 2020. ~. falrunc. By: Rolf Lundberg, Staff Writer. A. The Alternative Channel. Through the First Amendment, Americans are arguably afforded greater protection of their speech than in any other western democracy. However, those protections are not boundless. COMBATING FAKE NEWS WITH PUBLIC NUISANCE LAW Fake news could be combated with public nuisance law similarly to how Oklahoma combated the opioid crisis if fake news were considered commercial speech. Commercial speech has fewer First Amendment protections than other types of speech and requires less strict review. Courts consider (1) whether the speech is an advertisement;(2) whether the
POLICING GENDER IN VIOLATION OF THE FIRST AMENDMENT Policing Gender in Violation of the First Amendment. By Emma Ferriola-Bruckenstein, Staff Member (Vol. 16) Gender and transgender identity has been in the news frequently over the past few years, from the rise of “bathroom bills” like North Carolina’s House Bill 2 PACKINGHAM V. NORTH CAROLINA: COURT PROTECTS SEX OFFENDERS By: Alison J. Rossi Early in summer of 2018, the Supreme Court of the United States unanimously ruled that a North Carolina law that banned convicted sex offenders from accessing or using social media websites was unconstitutional. In Packinham v. North Carolina, the Court ruled North Carolina’s law violated the First Amendment. This case has NOT PEACE, BUT A SWORD: JANUS AND THE WEAPONIZING OF FREE By Daniel J. Root The case and the controversy Last June, the Supreme Court in Janus v. AFSCME, Council 31 overturned a forty-one-year-old precedent. At issue was whether public employees who are not union members can be required to pay union dues. Under Abood v. Detroit Board of Education, non-union members could be required to THE EFFECTS OF REED V. TOWN OF GILBERT ON PANHANDLING LAWS The Supreme Court of the United States has never directly spoken on the constitutionality of anti-panhandling ordinances, but Reed v. Town of Gilbert, a 2015 Supreme Court decision concerning church signage, has become “the unexpected reason panhandling bans are being struck down across the country.”. Indeed, one commentator wrote that the FIRST AMENDMENT LAW REVIEW Mission. Since 2002, the First Amendment Law Review (“FALR”) has sought to “promote and protect the rights and freedoms guaranteed by the First Amendment through publishing scholarly writings on, and promoting discussion of, issues related to the First Amendment of the Constitution of the United States.” VOLUME 19 - FIRST AMENDMENT LAW REVIEW Volume 19 Fall Issue. Walking Out on Student Speech: The Erosion of Tinker and how Pickering Promises to Restore It by Emily Brown. Legal Fellow, Reporters Committee for Freedom of the Press. Misinformation Mayhem: Social Media Platforms’ Efforts to Combat Medical and Political Misinformation by Dawn Carla Nunziato. William Wallace Kirkpatrick Research Professor and Professor of Law, TheFALR SYMPOSIUM 2021
On January 22, 2021, the First Amendment Law Review will host a virtual symposium via Zoom. The symposium will focus primarily on examining how the First Amendment relates to national security, government leaks and publication of and access to government information. Discussion will explore the legal framework surrounding the dissemination of government information like the IS TRUMP REALLY GUILTY OF INCITEMENT? By: Hannah Simmons, Staff Member, Vol. 19. On February 13, 2021, former President Donald Trump was acquitted of the impeachment charge alleging that he incited the United States Capitol riots. Even though the Senate did not reach the two-thirds majority needed to convict Trump for his role in inciting the mob to attack the capitol, this does not mean that Trump is not guilty. VOLUME 17 - FIRST AMENDMENT LAW REVIEW Volume 17 Fall Issue Correcting the Generally Accepted but Unjustified Interpretation of the Free Speech Clause by Michele Cotton Associate Professor and Director of the Legal and Ethical Studies program at the University of Baltimore Yale Gordon College of Arts and Sciences Market Place Theory in the Age of AI Communicators by Jared SchroederAssistant
FULTON AND THE FUTURE OF RELIGIOUS LIBERTY By: Megan Coates, Staff Member, Vol. 19 Introduction The Supreme Court recently heard oral argument in Fulton v. City of Philadelphia. In this case, a Catholic foster care agency resisted the City’s policy requiring agencies to certify same-sex couples as foster parents. Before reaching the Supreme Court, Fulton was heard at the ThirdCircuit, where
SUPREME COURT
By: Megan Coates, Staff Member, Vol. 19 Introduction The Supreme Court recently heard oral argument in Fulton v. City of Philadelphia. In this case, a Catholic foster care agency resisted the City’s policy requiring agencies to certify same-sex couples as foster parents. JOHNNY MAC V. THE STATE OF CALIFORNIA: A PASTOR’S BATTLE The State of California: A Pastor’s Battle to Feed His Flock Amid COVID-19. March 5, 2021. ~. falrunc. By: Luke Maher, staff member Vol 19. “We will obey God rather than men. We’re going to leave the results to Him”. These are the words of Grace Community Church head pastor John MacArthur. The person sometimes affectionately referred PROTECTING PROTESTORS’ FIRST AMENDMENT RIGHTS, OR SILENTLY Photo Credit: Courtesy of Stephen Melkisethian. By Sarah Rozek; Staff Member (Vol. 16). Charlottesville, a city in West Central Virginia, has a population of more than 200,000.It was not, however, the city’s size, its great selection of wineries, or its world-class university which made it into the headlines this year.Rather, it was the “Unite the Right” torchlight rally, which started NORTH CAROLINA’S FIRST AMENDMENT: PROVISIONAL PROTECTIONS Photo Credit: Courtesy of Jimmy Emerson, DVM By Adam Griffin; Staff Member (Vol. 16) North Carolina’s First Amendment Before the ratification of the Fourteenth Amendment, and before the Supreme Court doctrine of incorporation was created to impose the protections of the First Amendment against the State Governments, most State Constitutions had sister provisions that protected FIRST AMENDMENT LAW REVIEW Mission. Since 2002, the First Amendment Law Review (“FALR”) has sought to “promote and protect the rights and freedoms guaranteed by the First Amendment through publishing scholarly writings on, and promoting discussion of, issues related to the First Amendment of the Constitution of the United States.” VOLUME 19 - FIRST AMENDMENT LAW REVIEW Volume 19 Fall Issue. Walking Out on Student Speech: The Erosion of Tinker and how Pickering Promises to Restore It by Emily Brown. Legal Fellow, Reporters Committee for Freedom of the Press. Misinformation Mayhem: Social Media Platforms’ Efforts to Combat Medical and Political Misinformation by Dawn Carla Nunziato. William Wallace Kirkpatrick Research Professor and Professor of Law, TheFALR SYMPOSIUM 2021
On January 22, 2021, the First Amendment Law Review will host a virtual symposium via Zoom. The symposium will focus primarily on examining how the First Amendment relates to national security, government leaks and publication of and access to government information. Discussion will explore the legal framework surrounding the dissemination of government information like the IS TRUMP REALLY GUILTY OF INCITEMENT? By: Hannah Simmons, Staff Member, Vol. 19. On February 13, 2021, former President Donald Trump was acquitted of the impeachment charge alleging that he incited the United States Capitol riots. Even though the Senate did not reach the two-thirds majority needed to convict Trump for his role in inciting the mob to attack the capitol, this does not mean that Trump is not guilty. VOLUME 17 - FIRST AMENDMENT LAW REVIEW Volume 17 Fall Issue Correcting the Generally Accepted but Unjustified Interpretation of the Free Speech Clause by Michele Cotton Associate Professor and Director of the Legal and Ethical Studies program at the University of Baltimore Yale Gordon College of Arts and Sciences Market Place Theory in the Age of AI Communicators by Jared SchroederAssistant
FULTON AND THE FUTURE OF RELIGIOUS LIBERTY By: Megan Coates, Staff Member, Vol. 19 Introduction The Supreme Court recently heard oral argument in Fulton v. City of Philadelphia. In this case, a Catholic foster care agency resisted the City’s policy requiring agencies to certify same-sex couples as foster parents. Before reaching the Supreme Court, Fulton was heard at the ThirdCircuit, where
SUPREME COURT
By: Megan Coates, Staff Member, Vol. 19 Introduction The Supreme Court recently heard oral argument in Fulton v. City of Philadelphia. In this case, a Catholic foster care agency resisted the City’s policy requiring agencies to certify same-sex couples as foster parents. JOHNNY MAC V. THE STATE OF CALIFORNIA: A PASTOR’S BATTLE The State of California: A Pastor’s Battle to Feed His Flock Amid COVID-19. March 5, 2021. ~. falrunc. By: Luke Maher, staff member Vol 19. “We will obey God rather than men. We’re going to leave the results to Him”. These are the words of Grace Community Church head pastor John MacArthur. The person sometimes affectionately referred PROTECTING PROTESTORS’ FIRST AMENDMENT RIGHTS, OR SILENTLY Photo Credit: Courtesy of Stephen Melkisethian. By Sarah Rozek; Staff Member (Vol. 16). Charlottesville, a city in West Central Virginia, has a population of more than 200,000.It was not, however, the city’s size, its great selection of wineries, or its world-class university which made it into the headlines this year.Rather, it was the “Unite the Right” torchlight rally, which started NORTH CAROLINA’S FIRST AMENDMENT: PROVISIONAL PROTECTIONS Photo Credit: Courtesy of Jimmy Emerson, DVM By Adam Griffin; Staff Member (Vol. 16) North Carolina’s First Amendment Before the ratification of the Fourteenth Amendment, and before the Supreme Court doctrine of incorporation was created to impose the protections of the First Amendment against the State Governments, most State Constitutions had sister provisions that protected VOLUMES - FIRSTAMENDMENTLAWREVIEW.ORG Volumes. First Amendment Law Review publishes one Volume each year. Each Volume contain three issues; Fall, Spring, and Symposium. Typically, FALR will publish two student pieces and two or three professional pieces in the Fall and Spring issues.FALR SYMPOSIUM 2021
On January 22, 2021, the First Amendment Law Review will host a virtual symposium via Zoom. The symposium will focus primarily on examining how the First Amendment relates to national security, government leaks and publication of and access to government information. Discussion will explore the legal framework surrounding the dissemination of government information like theARTICLE SUBMISSIONS
FALR carefully considers all submissions it receives through two main steps. First, our Chief Articles and Notes Editor (“CANE”) assigns the submission to an Articles Editor for an initial review to decide whether he or she recommends the submission for publishing. Second, our CANE sends the submission to the Editor-in-Chief and Executive SYMPOSIUM - FIRST AMENDMENT LAW REVIEW Every year the First Amendment Law Review hosts a symposium for First Amendment scholars from around the country to discuss and debate different First Amendment issues. Past issue themes include Fake News, Free Speech and Higher Education, and Net Neutrality and the FirstAmendment.
JOHNNY MAC V. THE STATE OF CALIFORNIA: A PASTOR’S BATTLE The State of California: A Pastor’s Battle to Feed His Flock Amid COVID-19. March 5, 2021. ~. falrunc. By: Luke Maher, staff member Vol 19. “We will obey God rather than men. We’re going to leave the results to Him”. These are the words of Grace Community Church head pastor John MacArthur. The person sometimes affectionately referred VOLUME 18 - FIRST AMENDMENT LAW REVIEW Volume 18 Fall Issue. #HECKLED by Josh Blackman. Associate Professor, South Texas College of Law Houston. Free Speech, Fake News, and Democracy by Alvin I. Goldman & Daniel Baker. Alvin I. Goldman is the recently retired Emeritus Board of Governors Professor of Philosophy and Cognitive Science at Rutgers University. MILITARIZED POLICING TACTICS TREAD UPON FIRST AMENDMENT RIGHTS By Dreshawn McFadden, Staff Member Vol. 19 Free Speech and the Chilling Effects of Police Tactics During my first year of law school, I was reintroduced to the renowned First Amendment to the US Constitution, which states, “Congress shall make no law abridging the freedom of speech, or of the press; or the right TIPPING THE BALANCE: THE CONSCIENCE RULE, RELIGIOUS By: Tim Sookram On May 21, 2019, the U.S. Department of Health and Human Services’ Office of Civil Rights promulgated the final version of the “Conscience Rule,” a regulation aimed at protecting the rights of those who cite religious grounds in refusing to perform or assist with certain health care services. Opponents have decried the DISCRIMINATION 101: VOUCHERS, LGBT STUDENTS, AND THE FIRST Discrimination 101: Vouchers, LGBT Students, and the First Amendment. May 22, 2019. August 24, 2019 ~. falrunc. By: Olivia Perry. Vice President Pence’s wife, Karen, recently made the news for accepting a part-time teaching position at a Christian private school with a controversial anti-LGBT stance. The school makes its stance veryclear.
POLICING GENDER IN VIOLATION OF THE FIRST AMENDMENT Policing Gender in Violation of the First Amendment. By Emma Ferriola-Bruckenstein, Staff Member (Vol. 16) Gender and transgender identity has been in the news frequently over the past few years, from the rise of “bathroom bills” like North Carolina’s House Bill 2 FIRST AMENDMENT LAW REVIEW Mission. Since 2002, the First Amendment Law Review (“FALR”) has sought to “promote and protect the rights and freedoms guaranteed by the First Amendment through publishing scholarly writings on, and promoting discussion of, issues related to the First Amendment of the Constitution of the United States.” VOLUME 19 - FIRST AMENDMENT LAW REVIEW Volume 19 Fall Issue. Walking Out on Student Speech: The Erosion of Tinker and how Pickering Promises to Restore It by Emily Brown. Legal Fellow, Reporters Committee for Freedom of the Press. Misinformation Mayhem: Social Media Platforms’ Efforts to Combat Medical and Political Misinformation by Dawn Carla Nunziato. William Wallace Kirkpatrick Research Professor and Professor of Law, TheFALR SYMPOSIUM 2021
On January 22, 2021, the First Amendment Law Review will host a virtual symposium via Zoom. The symposium will focus primarily on examining how the First Amendment relates to national security, government leaks and publication of and access to government information. Discussion will explore the legal framework surrounding the dissemination of government information like the IS TRUMP REALLY GUILTY OF INCITEMENT? By: Hannah Simmons, Staff Member, Vol. 19. On February 13, 2021, former President Donald Trump was acquitted of the impeachment charge alleging that he incited the United States Capitol riots. Even though the Senate did not reach the two-thirds majority needed to convict Trump for his role in inciting the mob to attack the capitol, this does not mean that Trump is not guilty. VOLUME 17 - FIRST AMENDMENT LAW REVIEW Volume 17 Fall Issue Correcting the Generally Accepted but Unjustified Interpretation of the Free Speech Clause by Michele Cotton Associate Professor and Director of the Legal and Ethical Studies program at the University of Baltimore Yale Gordon College of Arts and Sciences Market Place Theory in the Age of AI Communicators by Jared SchroederAssistant
FULTON AND THE FUTURE OF RELIGIOUS LIBERTY By: Megan Coates, Staff Member, Vol. 19 Introduction The Supreme Court recently heard oral argument in Fulton v. City of Philadelphia. In this case, a Catholic foster care agency resisted the City’s policy requiring agencies to certify same-sex couples as foster parents. Before reaching the Supreme Court, Fulton was heard at the ThirdCircuit, where
SUPREME COURT
By: Megan Coates, Staff Member, Vol. 19 Introduction The Supreme Court recently heard oral argument in Fulton v. City of Philadelphia. In this case, a Catholic foster care agency resisted the City’s policy requiring agencies to certify same-sex couples as foster parents. JOHNNY MAC V. THE STATE OF CALIFORNIA: A PASTOR’S BATTLE The State of California: A Pastor’s Battle to Feed His Flock Amid COVID-19. March 5, 2021. ~. falrunc. By: Luke Maher, staff member Vol 19. “We will obey God rather than men. We’re going to leave the results to Him”. These are the words of Grace Community Church head pastor John MacArthur. The person sometimes affectionately referred PROTECTING PROTESTORS’ FIRST AMENDMENT RIGHTS, OR SILENTLY Photo Credit: Courtesy of Stephen Melkisethian. By Sarah Rozek; Staff Member (Vol. 16). Charlottesville, a city in West Central Virginia, has a population of more than 200,000.It was not, however, the city’s size, its great selection of wineries, or its world-class university which made it into the headlines this year.Rather, it was the “Unite the Right” torchlight rally, which started NORTH CAROLINA’S FIRST AMENDMENT: PROVISIONAL PROTECTIONS Photo Credit: Courtesy of Jimmy Emerson, DVM By Adam Griffin; Staff Member (Vol. 16) North Carolina’s First Amendment Before the ratification of the Fourteenth Amendment, and before the Supreme Court doctrine of incorporation was created to impose the protections of the First Amendment against the State Governments, most State Constitutions had sister provisions that protected FIRST AMENDMENT LAW REVIEW Mission. Since 2002, the First Amendment Law Review (“FALR”) has sought to “promote and protect the rights and freedoms guaranteed by the First Amendment through publishing scholarly writings on, and promoting discussion of, issues related to the First Amendment of the Constitution of the United States.” VOLUME 19 - FIRST AMENDMENT LAW REVIEW Volume 19 Fall Issue. Walking Out on Student Speech: The Erosion of Tinker and how Pickering Promises to Restore It by Emily Brown. Legal Fellow, Reporters Committee for Freedom of the Press. Misinformation Mayhem: Social Media Platforms’ Efforts to Combat Medical and Political Misinformation by Dawn Carla Nunziato. William Wallace Kirkpatrick Research Professor and Professor of Law, TheFALR SYMPOSIUM 2021
On January 22, 2021, the First Amendment Law Review will host a virtual symposium via Zoom. The symposium will focus primarily on examining how the First Amendment relates to national security, government leaks and publication of and access to government information. Discussion will explore the legal framework surrounding the dissemination of government information like the IS TRUMP REALLY GUILTY OF INCITEMENT? By: Hannah Simmons, Staff Member, Vol. 19. On February 13, 2021, former President Donald Trump was acquitted of the impeachment charge alleging that he incited the United States Capitol riots. Even though the Senate did not reach the two-thirds majority needed to convict Trump for his role in inciting the mob to attack the capitol, this does not mean that Trump is not guilty. VOLUME 17 - FIRST AMENDMENT LAW REVIEW Volume 17 Fall Issue Correcting the Generally Accepted but Unjustified Interpretation of the Free Speech Clause by Michele Cotton Associate Professor and Director of the Legal and Ethical Studies program at the University of Baltimore Yale Gordon College of Arts and Sciences Market Place Theory in the Age of AI Communicators by Jared SchroederAssistant
FULTON AND THE FUTURE OF RELIGIOUS LIBERTY By: Megan Coates, Staff Member, Vol. 19 Introduction The Supreme Court recently heard oral argument in Fulton v. City of Philadelphia. In this case, a Catholic foster care agency resisted the City’s policy requiring agencies to certify same-sex couples as foster parents. Before reaching the Supreme Court, Fulton was heard at the ThirdCircuit, where
SUPREME COURT
By: Megan Coates, Staff Member, Vol. 19 Introduction The Supreme Court recently heard oral argument in Fulton v. City of Philadelphia. In this case, a Catholic foster care agency resisted the City’s policy requiring agencies to certify same-sex couples as foster parents. JOHNNY MAC V. THE STATE OF CALIFORNIA: A PASTOR’S BATTLE The State of California: A Pastor’s Battle to Feed His Flock Amid COVID-19. March 5, 2021. ~. falrunc. By: Luke Maher, staff member Vol 19. “We will obey God rather than men. We’re going to leave the results to Him”. These are the words of Grace Community Church head pastor John MacArthur. The person sometimes affectionately referred PROTECTING PROTESTORS’ FIRST AMENDMENT RIGHTS, OR SILENTLY Photo Credit: Courtesy of Stephen Melkisethian. By Sarah Rozek; Staff Member (Vol. 16). Charlottesville, a city in West Central Virginia, has a population of more than 200,000.It was not, however, the city’s size, its great selection of wineries, or its world-class university which made it into the headlines this year.Rather, it was the “Unite the Right” torchlight rally, which started NORTH CAROLINA’S FIRST AMENDMENT: PROVISIONAL PROTECTIONS Photo Credit: Courtesy of Jimmy Emerson, DVM By Adam Griffin; Staff Member (Vol. 16) North Carolina’s First Amendment Before the ratification of the Fourteenth Amendment, and before the Supreme Court doctrine of incorporation was created to impose the protections of the First Amendment against the State Governments, most State Constitutions had sister provisions that protected VOLUMES - FIRSTAMENDMENTLAWREVIEW.ORG Volumes. First Amendment Law Review publishes one Volume each year. Each Volume contain three issues; Fall, Spring, and Symposium. Typically, FALR will publish two student pieces and two or three professional pieces in the Fall and Spring issues.FALR SYMPOSIUM 2021
On January 22, 2021, the First Amendment Law Review will host a virtual symposium via Zoom. The symposium will focus primarily on examining how the First Amendment relates to national security, government leaks and publication of and access to government information. Discussion will explore the legal framework surrounding the dissemination of government information like theARTICLE SUBMISSIONS
FALR carefully considers all submissions it receives through two main steps. First, our Chief Articles and Notes Editor (“CANE”) assigns the submission to an Articles Editor for an initial review to decide whether he or she recommends the submission for publishing. Second, our CANE sends the submission to the Editor-in-Chief and Executive SYMPOSIUM - FIRST AMENDMENT LAW REVIEW Every year the First Amendment Law Review hosts a symposium for First Amendment scholars from around the country to discuss and debate different First Amendment issues. Past issue themes include Fake News, Free Speech and Higher Education, and Net Neutrality and the FirstAmendment.
JOHNNY MAC V. THE STATE OF CALIFORNIA: A PASTOR’S BATTLE The State of California: A Pastor’s Battle to Feed His Flock Amid COVID-19. March 5, 2021. ~. falrunc. By: Luke Maher, staff member Vol 19. “We will obey God rather than men. We’re going to leave the results to Him”. These are the words of Grace Community Church head pastor John MacArthur. The person sometimes affectionately referred VOLUME 18 - FIRST AMENDMENT LAW REVIEW Volume 18 Fall Issue. #HECKLED by Josh Blackman. Associate Professor, South Texas College of Law Houston. Free Speech, Fake News, and Democracy by Alvin I. Goldman & Daniel Baker. Alvin I. Goldman is the recently retired Emeritus Board of Governors Professor of Philosophy and Cognitive Science at Rutgers University. MILITARIZED POLICING TACTICS TREAD UPON FIRST AMENDMENT RIGHTS By Dreshawn McFadden, Staff Member Vol. 19 Free Speech and the Chilling Effects of Police Tactics During my first year of law school, I was reintroduced to the renowned First Amendment to the US Constitution, which states, “Congress shall make no law abridging the freedom of speech, or of the press; or the right TIPPING THE BALANCE: THE CONSCIENCE RULE, RELIGIOUS By: Tim Sookram On May 21, 2019, the U.S. Department of Health and Human Services’ Office of Civil Rights promulgated the final version of the “Conscience Rule,” a regulation aimed at protecting the rights of those who cite religious grounds in refusing to perform or assist with certain health care services. Opponents have decried the DISCRIMINATION 101: VOUCHERS, LGBT STUDENTS, AND THE FIRST Discrimination 101: Vouchers, LGBT Students, and the First Amendment. May 22, 2019. August 24, 2019 ~. falrunc. By: Olivia Perry. Vice President Pence’s wife, Karen, recently made the news for accepting a part-time teaching position at a Christian private school with a controversial anti-LGBT stance. The school makes its stance veryclear.
POLICING GENDER IN VIOLATION OF THE FIRST AMENDMENT Policing Gender in Violation of the First Amendment. By Emma Ferriola-Bruckenstein, Staff Member (Vol. 16) Gender and transgender identity has been in the news frequently over the past few years, from the rise of “bathroom bills” like North Carolina’s House Bill 2 FIRST AMENDMENT LAW REVIEW Mission. Since 2002, the First Amendment Law Review (“FALR”) has sought to “promote and protect the rights and freedoms guaranteed by the First Amendment through publishing scholarly writings on, and promoting discussion of, issues related to the First Amendment of the Constitution of the United States.” VOLUMES - FIRST AMENDMENT LAW REVIEW Volumes. First Amendment Law Review publishes one Volume each year. Each Volume contain three issues; Fall, Spring, and Symposium. Typically, FALR will publish two student pieces and two or three professional pieces in the Fall and Spring issues. VOLUME 19 - FIRST AMENDMENT LAW REVIEW Volume 19 Fall Issue. Walking Out on Student Speech: The Erosion of Tinker and how Pickering Promises to Restore It by Emily Brown. Legal Fellow, Reporters Committee for Freedom of the Press. Misinformation Mayhem: Social Media Platforms’ Efforts to Combat Medical and Political Misinformation by Dawn Carla Nunziato. William Wallace Kirkpatrick Research Professor and Professor of Law, The VOLUME 18 - FIRST AMENDMENT LAW REVIEW Volume 18 Fall Issue. #HECKLED by Josh Blackman. Associate Professor, South Texas College of Law Houston. Free Speech, Fake News, and Democracy by Alvin I. Goldman & Daniel Baker. Alvin I. Goldman is the recently retired Emeritus Board of Governors Professor of Philosophy and Cognitive Science at Rutgers University. IS TRUMP REALLY GUILTY OF INCITEMENT? By: Hannah Simmons, Staff Member, Vol. 19. On February 13, 2021, former President Donald Trump was acquitted of the impeachment charge alleging that he incited the United States Capitol riots. Even though the Senate did not reach the two-thirds majority needed to convict Trump for his role in inciting the mob to attack the capitol, this does not mean that Trump is not guilty. VOLUME 17 - FIRST AMENDMENT LAW REVIEW Volume 17 Fall Issue Correcting the Generally Accepted but Unjustified Interpretation of the Free Speech Clause by Michele Cotton Associate Professor and Director of the Legal and Ethical Studies program at the University of Baltimore Yale Gordon College of Arts and Sciences Market Place Theory in the Age of AI Communicators by Jared SchroederAssistant
FULTON AND THE FUTURE OF RELIGIOUS LIBERTY By: Megan Coates, Staff Member, Vol. 19 Introduction The Supreme Court recently heard oral argument in Fulton v. City of Philadelphia. In this case, a Catholic foster care agency resisted the City’s policy requiring agencies to certify same-sex couples as foster parents. Before reaching the Supreme Court, Fulton was heard at the ThirdCircuit, where
PROTECTING PROTESTORS’ FIRST AMENDMENT RIGHTS, OR SILENTLY Photo Credit: Courtesy of Stephen Melkisethian. By Sarah Rozek; Staff Member (Vol. 16). Charlottesville, a city in West Central Virginia, has a population of more than 200,000.It was not, however, the city’s size, its great selection of wineries, or its world-class university which made it into the headlines this year.Rather, it was the “Unite the Right” torchlight rally, which started NORTH CAROLINA’S FIRST AMENDMENT: PROVISIONAL PROTECTIONS Photo Credit: Courtesy of Jimmy Emerson, DVM By Adam Griffin; Staff Member (Vol. 16) North Carolina’s First Amendment Before the ratification of the Fourteenth Amendment, and before the Supreme Court doctrine of incorporation was created to impose the protections of the First Amendment against the State Governments, most State Constitutions had sister provisions that protected PACKINGHAM V. NORTH CAROLINA: A PRECAUTIONARY APPROACH TO By Jack F. Williams, Staff Member (Vol. 16) In 2008, the North Carolina legislature passed the “Protect Children from Sexual Predators Act.” As part of the Act, subsection 14-202.5 banned the use of “commercial social networking Web sites by any registered sex offender.” The statute applied to about “20,000 people in North Carolina” and reports FIRST AMENDMENT LAW REVIEW Mission. Since 2002, the First Amendment Law Review (“FALR”) has sought to “promote and protect the rights and freedoms guaranteed by the First Amendment through publishing scholarly writings on, and promoting discussion of, issues related to the First Amendment of the Constitution of the United States.” VOLUMES - FIRST AMENDMENT LAW REVIEW Volumes. First Amendment Law Review publishes one Volume each year. Each Volume contain three issues; Fall, Spring, and Symposium. Typically, FALR will publish two student pieces and two or three professional pieces in the Fall and Spring issues. VOLUME 19 - FIRST AMENDMENT LAW REVIEW Volume 19 Fall Issue. Walking Out on Student Speech: The Erosion of Tinker and how Pickering Promises to Restore It by Emily Brown. Legal Fellow, Reporters Committee for Freedom of the Press. Misinformation Mayhem: Social Media Platforms’ Efforts to Combat Medical and Political Misinformation by Dawn Carla Nunziato. William Wallace Kirkpatrick Research Professor and Professor of Law, The VOLUME 18 - FIRST AMENDMENT LAW REVIEW Volume 18 Fall Issue. #HECKLED by Josh Blackman. Associate Professor, South Texas College of Law Houston. Free Speech, Fake News, and Democracy by Alvin I. Goldman & Daniel Baker. Alvin I. Goldman is the recently retired Emeritus Board of Governors Professor of Philosophy and Cognitive Science at Rutgers University. IS TRUMP REALLY GUILTY OF INCITEMENT? By: Hannah Simmons, Staff Member, Vol. 19. On February 13, 2021, former President Donald Trump was acquitted of the impeachment charge alleging that he incited the United States Capitol riots. Even though the Senate did not reach the two-thirds majority needed to convict Trump for his role in inciting the mob to attack the capitol, this does not mean that Trump is not guilty. VOLUME 17 - FIRST AMENDMENT LAW REVIEW Volume 17 Fall Issue Correcting the Generally Accepted but Unjustified Interpretation of the Free Speech Clause by Michele Cotton Associate Professor and Director of the Legal and Ethical Studies program at the University of Baltimore Yale Gordon College of Arts and Sciences Market Place Theory in the Age of AI Communicators by Jared SchroederAssistant
FULTON AND THE FUTURE OF RELIGIOUS LIBERTY By: Megan Coates, Staff Member, Vol. 19 Introduction The Supreme Court recently heard oral argument in Fulton v. City of Philadelphia. In this case, a Catholic foster care agency resisted the City’s policy requiring agencies to certify same-sex couples as foster parents. Before reaching the Supreme Court, Fulton was heard at the ThirdCircuit, where
PROTECTING PROTESTORS’ FIRST AMENDMENT RIGHTS, OR SILENTLY Photo Credit: Courtesy of Stephen Melkisethian. By Sarah Rozek; Staff Member (Vol. 16). Charlottesville, a city in West Central Virginia, has a population of more than 200,000.It was not, however, the city’s size, its great selection of wineries, or its world-class university which made it into the headlines this year.Rather, it was the “Unite the Right” torchlight rally, which started NORTH CAROLINA’S FIRST AMENDMENT: PROVISIONAL PROTECTIONS Photo Credit: Courtesy of Jimmy Emerson, DVM By Adam Griffin; Staff Member (Vol. 16) North Carolina’s First Amendment Before the ratification of the Fourteenth Amendment, and before the Supreme Court doctrine of incorporation was created to impose the protections of the First Amendment against the State Governments, most State Constitutions had sister provisions that protected PACKINGHAM V. NORTH CAROLINA: A PRECAUTIONARY APPROACH TO By Jack F. Williams, Staff Member (Vol. 16) In 2008, the North Carolina legislature passed the “Protect Children from Sexual Predators Act.” As part of the Act, subsection 14-202.5 banned the use of “commercial social networking Web sites by any registered sex offender.” The statute applied to about “20,000 people in North Carolina” and reports VOLUMES - FIRST AMENDMENT LAW REVIEW First Amendment Law Review publishes one Volume each year. Each Volume contain three issues; Fall, Spring, and Symposium. Typically, FALR will publish two student pieces and two or three professional pieces in the Fall and Spring issues. CONTACT - FIRST AMENDMENT LAW REVIEW Contact. Please see the following contact information for your specific inquiries: General questions, alumni outreach, symposia, and membership: Ashley Fox, Editor-in-Chief. Article submissions: Lindsay Byers, Chief Articles and Notes Editor. Problems with our website: Maureen Gleason, Online Editor. All other questions: falr@unc.edu. FIRST AMENDMENT BLOG First Amendment Implications of Curfews During Black Lives Matter Protests. By: Elizabeth Ernest, Staff Member, Vol. 19 Since last May, protests have taken place across the country in response to police brutality against Black Americans. In response, many cities implemented city-wide curfews. In Raleigh, North Carolina, MayorMary-Ann Baldwin
ARTICLE SUBMISSIONS
FALR carefully considers all submissions it receives through two main steps. First, our Chief Articles and Notes Editor (“CANE”) assigns the submission to an Articles Editor for an initial review to decide whether he or she recommends the submission for publishing. Second, our CANE sends the submission to the Editor-in-Chief and Executive VOLUME 16 - FIRST AMENDMENT LAW REVIEW Volume 16 Fall Issue They Should be Fired: The Social Regulation of Free Speech in the U.S. by Dr. Franciska A. Coleman Professor, Yonsei Law School in Seoul, South Korea Lessons on Political Speech, Academic Freedom, and University Governance from the New North Carolina by Gene Nichol Boyd Tinsley Distinguished Professor of Law, UNC-Chapel HillSchool of Law
BOOK BANS: FIRST AMENDMENT VIOLATION OF PRISONERS By: Athina Hinson-Boyte Just Mercy In December, the film adaptation of Bryan Stevenson’s book, Just Mercy was released in theaters. It tells the true story of Walter McMillian, a young black man who was sentenced to death for a murder he did not commit. The book shows the injustices and racism of the criminal system POLICING GENDER IN VIOLATION OF THE FIRST AMENDMENT Policing Gender in Violation of the First Amendment. By Emma Ferriola-Bruckenstein, Staff Member (Vol. 16) Gender and transgender identity has been in the news frequently over the past few years, from the rise of “bathroom bills” like North Carolina’s House Bill 2 TIPPING THE BALANCE: THE CONSCIENCE RULE, RELIGIOUS By: Tim Sookram On May 21, 2019, the U.S. Department of Health and Human Services’ Office of Civil Rights promulgated the final version of the “Conscience Rule,” a regulation aimed at protecting the rights of those who cite religious grounds in refusing to perform or assist with certain health care services. Opponents have decried theVOLUME 19 MASTHEAD
Visit the post for more. THE EFFECTS OF REED V. TOWN OF GILBERT ON PANHANDLING LAWS The Supreme Court of the United States has never directly spoken on the constitutionality of anti-panhandling ordinances, but Reed v. Town of Gilbert, a 2015 Supreme Court decision concerning church signage, has become “the unexpected reason panhandling bans are being struck down across the country.”. Indeed, one commentator wrote that theSkip to content
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ABOUT THE FIRST AMENDMENT LAW REVIEWMISSION
Since 2002, the First Amendment Law Review (“FALR”) has sought to “promote and protect the rights and freedoms guaranteed by the First Amendment through publishing scholarly writings on, and promoting discussion of, issues related to the First Amendment of the Constitution of the United States.” To accomplish this mission, FALR performs three primary duties.PUBLICATIONS
First, FALR publishes professional and student articles for the benefit of scholars and practitioners. Contributions are composed of scholarly pieces, symposium papers, and novel, interesting essays regarding the First Amendment. All articles pass a rigorous cite-checking and editing process through our Staff Members, Editorial Board, and Executive Board. FALR publishes Fall, Winter/Symposium, and Spring issues. They are made available both on the FALR website and in legal databases after publication. All three issues are normally published in one annual volume at the end of the Spring semester.SYMPOSIA
Second, FALR holds an annual symposium every Fall to gather together renowned scholars to debate and discuss current issues of First Amendment Law. In the past, scholars have analyzed Fake News, Free Speech and Higher Education, as well as, Net Neutrality and the FirstAmendment.
ONLINE PRESENCE
Third, FALR takes full advantage of the Internet Age to reach a broader audience. FALR regularly publishes First Amendment Newsflashes and student-written blog posts. The bi-weekly Newsflashes serve to highlight recent high-profile First Amendment news stories in a quick, one-stop-shop format. The blog posts are written by our Staff Members and serve as an opportunity for them to write about a First Amendment topic of interest or current event in a more casual style than FALR’s normal scholarly publications. Additionally, FALR maintains a presence on social media sites including Facebook and Twitter. ADDITIONAL INFORMATION For more information or to submit an article, please refer to our Submissions or Contact tabs. Welcome to the wonderful world of FirstAmendment law!
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