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 … Continue reading “Play[ing] In the Joints” of the First Amendment: Application of Montana Constitution’s “No Aid” Provision Violates Free Exercise Clause
By Emily Jessup; Staff Member (Vol. 15) Imagine you're driving around town, when something catches your eye. You slow down, and look. There, right in front of you, spray painted in giant letters on the side of a house is this: “SCREWED BY THE TOWN OF CARY.” Huh? Why hasn't the Town done anything about … Continue reading What’s That Sign Say? : A Brief Examination of the Four Opinions in Reed v. Town of Gilbert
By Jack Middough; Staff Member (Vol. 15) “What you’re doing right now is illegal,” yelled former infantry Ryan Berk, in parts both enraged and incredulous, “I’ve worn that fucking uniform and I’ve had friends get killed in Afghanistan wearing that fucking uniform.” Berk was documenting an incident of stolen valor, the act of making false … Continue reading Stolen Valor; Stolen Voices
By Katherine Rippey; Staff Member (Vol. 15) Oscar Wilde once said, “Art is the most intense mode of individualism that the world has known.” The First Amendment to the United States Constitution is predicated on this concept of individual expression in regards to speech, religion, and even art. This protection of individual consciousness is further protected through copyright laws, where … Continue reading Protecting One Artist’s Expression of Another Artist’s Work: An Analysis of the Intersection of the First Amendment and Copyright Law in Seltzer v. Green Day, Inc.
By Mia B. Ragent; Staff Member (Vol. 14) Do tour guide licensing requirements violate the Free Speech Clause? In the past year, tour guides in two major tourist-destination cities challenged licensing schemes to two different results. For guides in the city of New Orleans, the Fifth Circuit held that the enforcement of tour guide regulations … Continue reading Unlicensed and Unheard: Stifling Segway Speech
By Joseph M. (Max) Swindle; Staff Member (Vol. 14), Notes Editor (Vol. 15) Political silence, the inability to have one’s voice heard, is an issue that marginalizes many citizens and residents. In an effort to remedy this pervasive issue, some citizens choose to give money to public policy think tanks that help foster discussion about … Continue reading “Chilling” Campaign Finance Law Upheld
By Elizabeth (Beth) A. Kapapoulos; Staff Member (Vol. 14), Chief Staff Editor (Vol. 15) With the advent of the Internet, an entirely new realm of libel law has emerged in the courts, forcing judges to examine entirely new questions of Internet vigilantism and how to deal with crimes in a digital world. Defamation, 20 N.C. … Continue reading Cecil the Lion’s Roar: Libel in an Internet Age
By Elizabeth C. Nye, Staff Member (Vol. 14) When people think about the abortion debate, they think Roe v. Wade. However, the Supreme Court’s decision in Roe was only the beginning of legislation and controversy surrounding abortion rights. The Freedom of Access to Clinic Entrances (FACE) Act, signed into law by President Clinton in 1994, … Continue reading Abortion Ambiguities Remain Post-FACE Act