Livingstone on Equal Treatment and the Free Speech Clause @Yale

Media Law Prof Blog

Livingstone, Yale University, has published Equal Treatment and the Free Speech Clause. The traditional Free Speech Clause burden is a law that directly impedes speech interests and that courts can remedy through invalidation. Spencer G.

CFP: Journal of Free Speech Law @JournalSpeech

Media Law Prof Blog

From Eugene Volokh, one of the Executive Editors of the Journal of Free Speech Law, a CFP. He notes that the editors would be ready to published articles as early as September, if they receive them as early as August

Chauvin on Anthony Leaker's Against Free Speech: Shadowboxing with Free Speech Principles (Book Review) @SCLawReview

Media Law Prof Blog

Noah Chauvin is publishing Anthony Leaker's Against Free Speech: Shadowboxing with Free Speech Principles in the South Carolina Law Review. This essay is a review of Anthony Leaker’s book "Against Free Speech."

Guiora on Toleration of Free Speech: Imposing Limits on Elected Officials

Media Law Prof Blog

Quinney College of Law, is publishing Toleration of Free Speech: Imposing Limits on Elected Officials in the Palgrave Handbook of Toleration (Mitja Sardoc, ed., Amos N. Guiora, University of Utah, S.

Schauer on Free Speech Overrides @uvalaw

Media Law Prof Blog

Frederick Schauer, University of Virginia School of Law, is publishing Free Speech Overrides in the University of Chicago Legal Forum (2020). Here is the abstract. This paper, prepared for a University of Chicago Law School symposium on “What’s the Harm

Mostert on Free Speech and Internet Regulation @KCL_Law

Media Law Prof Blog

Frederick Mostert, King's College London, has published Free Speech and Internet Regulation at 14 Journal of Intellectual Property Law & Practice 607 (August 2019). The article analyses free speech and internet regulation.

Newly Published: Having Your Say: Threats to Free Speech in the 21st Century (J. R. Shackleton, ed., IEA, 2021) @iealondon

Media Law Prof Blog

Shackleton, Institute of Economic Affairs (IEA); Westminster Business School; University of Buckingham, is the editor of Having Your Say: Threats to Free Speech in the 21st Century (IEA, 2021). Free speech is, with free

Horder on Online Free Speech and the Suppression of False Political Claims

Media Law Prof Blog

Jeremy Horder, London School of Economics, Department of Law, is publishing Online Free Speech and the Suppression of False Political Claims in the 2021 volume of the ILSA Journal of International and Comparative Law.

Miller on Defending Free Speech @JMfreespeech

Media Law Prof Blog

Miller, University of Chicago Law School, has published Defending Speech Crimes on the University of Chicago Legal Forum, 2020. The First Amendment is supposed to provide important protections against criminal prosecutions for speech crimes Judith P.

Feldman on Free-Speech Formalism Is Not Formal @uw_law

Media Law Prof Blog

Stephen Matthew Feldman, University of Wyoming College of Law, has published Free-Speech Formalism Is Not Formal at 12 Drexel L. 723 (2020). Here is the abstract. Legal formalism proclaims that cases can be resolved through the logical application of

Cantu and Jussim on Microaggressions, Questionable Science, and Free Speech @UMKCLaw @PsychRabble @RutgersU

Media Law Prof Blog

Edward Cantu, University of Missouri, Kansas City, and Lee Jussim, Rutgers University, are publishing Microaggressions, Questionable Science, and Free Speech in the Texas Review of Law & Politics.

Langos and Babie on Social Media, Free Speech, and Religious Freedom @Adel_Law_School

Media Law Prof Blog

Babie, both of the University of Adelaide School of Law, have published Social Media, Free Speech and Religious Freedom at 20 Rutgers Journal of Law and Religion 239 (2021). Colette Langos and Paul T.

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

Journal of Free Speech Law, New Faculty-Edited, Peer-Reviewed Journal, Seeks Submissions

Media Law Prof Blog

An announcement of a new, peer-reviewed journal: Journal of Free Speech Law We are delighted to announce the founding of the Journal of Free Speech Law, a new faculty-edited law journal.

Newly Published: Samantha Barbas, The Rise and Fall of Morris Ernst, Free Speech Renegade (University of Chicago Press) @UBSchoolofLaw

Media Law Prof Blog

Samantha Barbas, University of Buffalo School of Law, has published The Rise and Fall of Morris Ernst, Free Speech Renegade (University of Chicago Press, 2021).

Chen on Free Speech, Rational Deliberation, and some Truths about Lies @SturmCOL

Media Law Prof Blog

Chen, University of Denver Sturm College of Law, has published Free Speech, Rational Deliberation, and some Truths about Lies as University of Denver Legal Studies Research Paper No. Alan K.

Bell on John Stuart Mill's Harm Principle and Free Speech: Expanding the Notion of Harm

Media Law Prof Blog

Melina Bell, Washington & Lee University, has published John Stuart Mill's Harm Principle and Free Speech: Expanding the Notion of Harm at 2020 Utilitas 1.

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 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

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 &

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

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

McKenna on Dilution and Free Speech in the U.S.--Reprise @markpmckenna

Media Law Prof Blog

McKenna, Notre Dame Law School, has published Dilution and Free Speech in the U.S., Mark P. Reprise. Here the abstract. This Chapter address the topic of trademark dilution — the additional protection granted to famous trademarks under United States (U.S.

Hooker on Censorship, Free Speech & Facebook: Applying the First Amendment to Social Media Platforms via the Public Function Exception @MatthewPHooker

Media Law Prof Blog

Matthew Hooker, Wake Forest University School of Law, is publishing Censorship, Free Speech & Facebook: Applying the First Amendment to Social Media Platforms via the Public Function Exception in volume 15 of the Washington Journal of Law, Technology & Arts

Art 65

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 Here is the abstract.

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

Kahn on Free Speech, Official History, and National Politics

Media Law Prof Blog

Thomas School of Law (Minnesota), has published Free Speech, Official History and Nationalist Politics: Toward a Typology of Objections to Memory Laws as U of St. Robert Kahn, University of St. Thomas (Minnesota) Legal Studies Research Paper No. 18-25.

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.

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). Here is the abstract. This article analyzes the impact of the Supreme Court’s recently

Ramsey on Free Speech Challenges to Trademark Law After Matal v. Tam @LPRamsey

Media Law Prof Blog

Ramsey, University of San Diego School of Law, is publishing Free Speech Challenges to Trademark Law After Matal v. Trademark laws and free speech are Lisa P. Tam in volume 56 of the Houston Law Review. Here is the abstract.

Colella on A Look Back at the Clear and Present Danger of Free Speech During the First World War @PaceUniversity @NYLawJournal

Media Law Prof Blog

Colella, Pace University, has published A Look Back at the Clear and Present Danger of Free Speech during the First World War at 265 N.Y.L.J. Frank G.

Univision Loses Free Speech Argument Over Jenni Rivera Secrets

THR, Esq. Entertainment & Media Law Blog

A judge rules that a biopic about the late singer wasn't "routine investigative reporting," so the Spanish network must face a lawsuit for interfering with a nondisclosure agreement. read more. THR, Esq. Business Television Music Business THR Online

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. Press, 2018) This is a draft of the Introduction to my forthcoming book

Healy on Learned Hand and the Making of a Free Speech Dissent @SetonHallLaw

Media Law Prof Blog

Thomas Healy, Seton Hall University School of Law, has published Anxiety and Influence: Learned Hand and the Making of a Free Speech Dissent at 50 Arizona State Law Journal 803 (2019). Here is the abstract. In this essay marking the

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. Here is the abstract. Other theorists argue

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. 15-42. Here is the abstract

Yemini on The New Irony of Free Speech

Media Law Prof Blog

Moran Yemini, Center for Cyber, Law and Policy, University of Haifa; Information Society Project, Yale Law School, is publishing The New Irony of Free Speech in volume 20 of the Columbia Science and Technology Law Review (2019). Here is the

Opinion | A Cheerleader's Supreme Court Win for Students' Free Speech - The New York Times

Communications And Entertainment Law Blog

In the most significant legal decision involving education in decades, the Supreme Court on Wednesday declared that public school students typically retain broader free-speech protections when they are away from campus, rather than in school settings.

Conspiracy Law and Free Speech

Media Law Prof Blog

Morrison, University of North Dakota School of Law, has published Conspiracy Law's Threat to Free Speech. In this article, I define the relationship between the systems of criminal conspiracy law and speech rights. Steven R. Here is the abstract.

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

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

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