Image by Roland Mey from Pixabay By Max Kurkin, Vol. 21 Staff Writer Varying interpretations of the First Amendment have been at the forefront of discussions within the tobacco industry. The common understanding is that although the First Amendment protects free speech, that right may be limited on narrowly tailored grounds when there is a … Continue reading The First Amendment and Tobacco Advertisements
Category: Vol. 21
Prison Book Bans and Lessons from Attica
On March 31st, 2022, the ACLU of New York (NYCLU) and the Civil Rights Clinic from the Benjamin Cardozo School of Law filed a civil suit in the Southern District of New York against a New York State Department of Corrections and Community Supervision (DOCCS) book ban on “Blood in the Water: The Attica Prison Uprising and Its Legacy,” by Pulitzer Prize winning author Heather Ann Thompson. DOCCS banned the book immediately after it was published in 2016.
Federal Court Stops the “Stop WOKE” Act on First Amendment Grounds – Twice
By Tyler Ventura, Vol. 21 Staff Writer Florida Governor Ron DeSantis made national headlines last spring as he championed the passing of House Bill 7 (also known as HB 7 or the “Stop WOKE” act) through Florida’s state legislature. This law focused largely on the teaching of critical race theory, otherwise known as “CRT,” in … Continue reading Federal Court Stops the “Stop WOKE” Act on First Amendment Grounds – Twice
Freedom to Teach? The Intersection of the First Amendment and American Public School Curricula
By Shane Stout, Vol. 21 Staff Writer For decades, the Supreme Court has protected academic freedom, a concept intertwined with the First Amendment that protects the rights of students, teachers, and educational institutions to pursue knowledge without government interference. While academic freedom has traditionally applied to college professors, its tenets also extend to public school … Continue reading Freedom to Teach? The Intersection of the First Amendment and American Public School Curricula
Can Gov. DeSantis “Stop Woke” in Private Workplaces?
America has recently seen a renewed focus on civil rights and racial justice—as well as dramatic divisions over how to discuss race, rights, justice, and history. The current moral panic over critical race theory (“CRT”) has spurred some conservative officials to regulate the treatment of race in schools, libraries, and workplaces. While public schools and libraries are subject to significant governmental control, a high-profile court case is testing whether the First Amendment limits anti-CRT efforts in another key forum: the private workplaces that employ most American adults.
False Speech within the Law’s Dominion: Defamation through a First Amendment Lens
Image credit: Element 5 Digital By Ryan Moore, Vol. 21 Staff Writer Introduction The 2020 presidential election provided anything but the comfortable rhythm long-time viewers of election night coverage have come to expect. Americans went to bed on election night without a declared victor, mostly due to the prevalence of mail-in ballots in the … Continue reading False Speech within the Law’s Dominion: Defamation through a First Amendment Lens
(Pastor) RJ Davis on the Court (of Law)
Image credit: Pixabay By: William McDonald, Vol. 21 Staff Writer Introduction “Churches exist primarily for the spiritual edification of the adherents of a faith tradition. They are established and operated in accordance with religious precepts. Churches may build sites to house worship, fellowship, community, and teaching. They simultaneously have a secular existence.” These words from … Continue reading (Pastor) RJ Davis on the Court (of Law)
Most popular word in English language has new owner
Picture credit: Gaelen Morse / Getty Images By Chase Nevitt, Vol. 21 Staff Writer In the summer of 2022, Ohio State University won a somewhat humorous legal battle over its desire to trademark the famous definite article used throughout the English language. The USPTO officially approved the university’s application to trademark “THE” following a two-year … Continue reading Most popular word in English language has new owner
Coercion or Contempt – Protesting in the Wake of Dobbs
The freedom to assemble and express your views through protest is a right protected by the First Amendment of the United States Constitution. However, the line between proper assembly and improper harassment is easily muddled, especially when the protest concerns individual people, not institutions.
The Sound of Government Intrusion Into Artistic Expression: The Implications of the Recent Indictment Against Rapper “Young Thug”
Inside of a 56-count indictment against several individuals in Atlanta, Fulton County District Attorney Fani Willis recently charged rapper “Young Thug” with gang activity and conspiracy charges under Georgia’s R.I.C.O Act. The indictment for Young Thug cites some of his song lyrics and accompanying music videos, arguing that it is proof of his involvement with the street gang “Young Slime Life.” These indictments have been the source of much controversy, raising concerns of government overreach of the First Amendment rights of musicians.