Multifactoral Free Speech

Media Law Prof Blog

Alexander Tsesis, Loyola University Chicago School of Law, is publishing Multifactoral Free Speech in volume 110 of the Northwestern University Law Review (2016). This article presents a multifactoral approach to free speech analysis. Here is the abstract. Difficult cases present

Zick on The Dynamic Free Speech Clause: Free Speech and Its Relation To Other Constitutional Rights @WMLawSchool

Media Law Prof Blog

Timothy Zick, William & Mary Law School, has published Introduction to The Dynamic Free Speech Clause: Free Speech and Its Relation to Other Constitutional Rights (Oxford Univ.

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Cram and Fenwick on Protecting Free Speech and Academic Freedom in Universities @law_leeds @DurhamLawSchool

Media Law Prof Blog

Ian Cram, University of Leeds, and Helen Fenwick, University of Durham, have published Protecting Free Speech and Academic Freedom in Universities at 81 Modern Law Review 825 (2018).

Marmor on Two Rights of Free Speech @CornellLaw

Media Law Prof Blog

Andrei Marmor, Cornell University Law School, has published Two Rights of Free Speech at 31 Ratio Juris 139 (2018). Here is the abstract. My main argument in this paper is that the right to freedom of expression is not a

Coenen on Free Speech and the Law of Evidence

Media Law Prof Blog

Coenen, University of Georgia Law School, is publishing Free Speech and the Law of Evidence in the Duke Law Journal (2018). Dan T. Here is the abstract. To what extent does the First Amendment limit the ability of prosecutors to

Free Speech in Europe Today

Media Law Prof Blog

Anthony Lester, Blackstone Chambers, has published Free Speech Today at 33 Polish Yearbook of International Law 129 (2013). Here is the abstract. The article is an amended version of the Marek Nowicki Memorial Lecture presented at Warsaw University in 2014

Coe on Anonymity and Pseudonymity: Free Speech's Problem Children @pcoelaw

Media Law Prof Blog

Peter Coe, Aston University, is publishing Anonymity and Pseudonymity: Free Speech's Problem Children in the Media & Arts Review. Here is the abstract. Through comparative analysis of United States, English, German and European Court of Human Rights jurisprudence, this article

Kendrick on Free Speech as a Special Right @lckendrick

Media Law Prof Blog

Leslie Kendrick, University of Virginia School of Law, has published Free Speech as a Special Right at 45 Philosophy and Public Affairs 87 (2017). Many theorists treat free speech as a special right.

Torres-Spelliscy on Campaign Finance, Free Speech, and Boycotts @ProfCiara

Media Law Prof Blog

Ciara Torres-Spelliscy, Stetson University College of Law, is publishing Campaign Finance, Free Speech, and Boycotts in volume 41 of the Harvard Journal of Law and Public Policy (2018). I gave a speech at Columbia Law School

Aviel on Rule 8.4(g) and the First Amendment: Distinguishing Between Discrimination and Free Speech @SturmCOL

Media Law Prof Blog

g) and the First Amendment: Distinguishing between Discrimination and Free Speech in volume 31 of the Georgetown Journal of Legal Ethics (2018). Rebecca Aviel, University of Denver College of Law, is publishing Rule 8.4(g)

Balancing Free Speech With Other Constitutional Values

Media Law Prof Blog

Alexander Tsesis, Loyola University (Chicago) School of Law, is publishing Balancing Free Speech in volume 96 of the Boston University Law Review (2015). This article develops a theory for balancing free speech against other express and

Fox Argues Muhammad Ali Super Bowl Segment Is Free Speech

THR, Esq. Entertainment & Media Law Blog

The broadcaster is fighting a $30 million lawsuit for allegedly infringing the boxer's publicity rights and implying a false endorsement. read more. THR, Esq. Business Television Business THR Online

Watch Out, CNN: Trump’s Supreme Court Frontrunner Is Bad News for Free Speech

THR, Esq. Entertainment & Media Law Blog

With a single decision four years ago, Brett Kavanaugh led something of a revolution in federal courts. read more. THR, Esq. Business Movies Television Politics Business THR Online

The Supreme Court's Categorical Free Speech Doctrine

Media Law Prof Blog

Alexander Tsesis, Loyola University (Chicago) School of Law, is publishing The Categorical Free Speech Doctrine and Contextualization in volume 65 of the Emory Law Journal (2015).

Regulating Free Speech

Media Law Prof Blog

Brian Leiter, University of Chicago, has published The Case Against Free Speech. Free societies employ a variety of institutions — including courts and schools — in which speech is heavily regulated on the basis of its Here is the abstract.

Free Speech Bites: A Podcast Devoted To the Concept of Freedom of Speech and Thought

Media Law Prof Blog

Nigel Warburton, who hosts the podcast Philosophy Bites, has launched the podcast Free Speech Bites, devoted to investigating free speech issues. Follow Free Speech Bites on Twitter at @FreeSpeechBites.

Free Speech, Democracy, and Video Images

Media Law Prof Blog

Chen, both of the University of Denver College of Law, have published Free Speech and Democracy in the Video Age as University of Denver Legal Studies Research Paper No. Justin F. Marceau and Alan K.

Balkin on Free Speech In the Algorithmic Age @jackbalkin

Media Law Prof Blog

Balkin, Yale University Law School, is publishing Free Speech in the Algorithmic Society: Big Data, Private Governance, and New School Speech Regulation in the UC Davis Law Review (2018). Jack M.

Free Speech For Thee and For Me

Media Law Prof Blog

From the Boston Globe: Steven Pinker on why free speech is a fundamental value

Is false Sandy Hook conspiracy free speech?

Communications And Entertainment Law Blog

AI and Free Speech

Media Law Prof Blog

Toni M. Massaro, University of Arizona College of Law and Helen L. Norton, University of Colorado School of Law, are publishing Siri-ously? in volume 110 of the Northwestern University Law Review (2015). Here is the abstract. Computers with communicative artificial

Snow on Free Speech and Disparaging Trademarks

Media Law Prof Blog

Ned Snow, University of South Carolina, is publishing Free Speech & Disparaging Trademarks in volume 57 of the Boston College Law Review (2016). Speech law has silenced trademark.

Lebovic on Free Speech and Unfree News

Media Law Prof Blog

Sam Lebovic, Assistant Professor of History, George Mason University, has published Free Speech and Unfree News (Harvard University Press, 2016). Does America have a free press?

Bernstein on Abuse, Harassment, and Free Speech

Media Law Prof Blog

Anita Bernstein, Brooklyn Law School, is publishing Abuse and Harassment Diminish Free Speech in volume 35 of Pace Law Review (2014). Here is the abstract. A familiar dichotomy in the legal academy juxtaposes freedom against a contrasting value like security

Smith on The Free Speech Vernacular: Conceptual Confusions in the Way We Speak About Speech

Media Law Prof Blog

Smith, University of Texas, Austin, is publishing The Free Speech Vernacular: Conceptual Confusions in the Way We Speak About Speech in volume 22 of the Texas Review of Law & Politics (2017). Tara A.

The Basis For Free Speech

Media Law Prof Blog

Frederick Schauer, University of Virginia School of Law, has published Free Speech on Tuesdays. Here is the abstract. The philosopher John Searle famously observed that there is “no remark without remarkableness,” by which he meant that even simple assertions presuppose

Joseph on A Re-Examination of Free Speech @profsarahj

Media Law Prof Blog

Sarah Joseph, Monash University Faculty of Law, has published A Re-Examination of Free Speech. Recent controversies over free speech in numerous liberal democracies (eg over "no-platforming", s18C of the Racial Discrimination Act (Cth) in Australia) have

Coenen on Free Speech and Generally Applicable Laws: A New Doctrinal Synthesis @UGASchoolofLaw

Media Law Prof Blog

Coenen, University of Georgia Law School, is publishing Free Speech and Generally Applicable Laws: A New Doctrinal Synthesis in the Iowa Law Review. A longstanding mystery of constitutional law concerns how the Free Speech Dan T.

Free Speech and Leakers

Media Law Prof Blog

Heidi Kitrosser, University of Minnesota, Twin Cities, School of Law, has published Free Speech Aboard the Leaky Ship of State: Calibrating First Amendment Protection for Leakers of Classified Information, in volume 6 of the Journal of National Security Law &

Alexander on Free Speech and Paying Fines With Coins

Media Law Prof Blog

Alexander, UALR-Bowen School of Law, has published A Penny for Your Thoughts: Free Speech and Paying Fines with Coins. Peter C. Here is the abstract. In October, 2016, the city of Springfield, Illinois encroached on the First Amendment rights of

Zick on Restroom Use, Civil Rights, and Free Speech "Opportunism" @OhioStateLJ

Media Law Prof Blog

Timothy Zick, William & Mary Law School, is publishing Restroom Use, Civil Rights, and Free Speech ‘Opportunism’ in the Ohio State Law Journal. Commentators have expressed concerns that litigants are invoking the First Amendment’s Free Speech

The Economist Examines Free Speech

Media Law Prof Blog

Similarly, Newsweek discusses the question of hate speech on college campuses in a recent issue The June 4, 2016 cover story of the Economist is devoted to the question of freedom of expression.

Corbin on the Free Speech Claims of Wedding Vendors

Media Law Prof Blog

Caroline Mala Corbin, University of Miami School of Law, is publishing Speech or Conduct: The Free Speech Claims of Wedding Vendors in volume 65 of the Emory Law Journal (2016).

The Free Speech Roots of Cyberlaw

Media Law Prof Blog

Le, both of the University of California, Davis, Law School, have published The Free Speech Foundations of Cyberlaw at UC Davis Legal Studies Research Paper No. Cyber-law is today’s speech Anupam Chander and Uyen P.

Ramsey on a Free Speech Right To Trademark Protection?

Media Law Prof Blog

Ramsey, University of San Diego School of Law, has published A Free Speech Right to Trademark Protection? Lisa P. at 106 Trademark Reporter 797 (2016). Here is the abstract. This Article explores whether the right to freedom of expression requires

Bezemek on Anonymity, Encryption, Free Speech, and Privacy

Media Law Prof Blog

Christoph Bezemek, IOER, is publishing Behind a Veil of Obscurity – Anonymity, Encryption, Free Speech and Privacy in the International Journal of Technology, Law, and Policy.

Government Funding and Free Speech

Media Law Prof Blog

Rocky) Rhodes IV, has published Speech, Subsidies, and Traditions: AID v. In a victory for free speech and individual liberty, Agency Charles W. AOSI and the First Amendment in the 2013 Cato Supreme Court Review 363. Here is the abstract.

University of California National Center for Free Speech and Civic Engagement Now Accepting Applications For Fellows Program

Media Law Prof Blog

The University of California's National Center for Free Speech and Civic Engagement invites applications for its Fellows Program. The successful applicant will be established in a field that gives him or her occasion to address the issues of free speech

Schauer on Free Speech, the Search For Truth, and the Problem of Collective Knowledge @UVALaw

Media Law Prof Blog

Frederick Schauer, University of Virginia School of Law, has published Free Speech, the Search for Truth, and the Problem of Collective Knowledge 70 SMU Law Review 231 (2017).

Goldberg on Competing Free Speech Values In an Age of Protest

Media Law Prof Blog

Erica Rachel Goldberg, Ohio Northern Law School, has published Competing Free Speech Values in an Age of Protest. Almost every First Amendment case can be framed as implicating free speech values on both sides of the

The Free Speech Rights of Advertisers (h/t to @LaurieSegallCNN)

Music Technology Policy

One group whose free speech rights were not discussed: Advertisers. Yet by producing this piece of information—no law enforcement costs to the government involved— advertisers speech rights are protected and Congress helps the market to correct for many of these anomalies.

Celebrities, Privacy, Free Speech, and the Internet

Media Law Prof Blog

Elena Falletti, Carlo Cattaneo LIUC University, has published The Scandals of Caroline, Max and Kate: Does Celebrity Privacy Threaten Press Freedom in the Internet Age? in Medien und Privatheit (Simon Garnett, Stefan Halft, Matthias Herz, and Julia Maria Moenig, eds

Blitz on Free Speech, Occupational Speech, and Psychotherapy

Media Law Prof Blog

Marc Jonathan Blitz, Oklahoma City University, is publishing Free Speech, Occupational Speech, and Psychotherapy in volume 44 of the Hofstra Law Review (2016).