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
Tag: First Amendment
(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.
The Supreme Critic: The Last Word on Fine Art
Today, Kanye West is most known for his outlandish behavior and frequent appearances amongst the tabloids. But early on in Mr. West’s career, he made a name for himself for taking samples of past music, using them in his present work, and creating some of the biggest hits to chart the Billboards. The future of such artistic creativity utilized by musicians such as Kanye West, comes under the scrutiny of the Supreme Court in Warhol v. Goldsmith.
Book Banning in Public Schools: A Poor Tool for Censorship
Source: PEN America By Annalee Blanks, Vol. 21 Staff Writer The concept of book banning isn't anything new. In some instances, it’s older than the United States itself with the banning of alternative religion pamphlets going back into the 1650s. Starting in the 20th century, public schools became battlegrounds for parents and educators to debate … Continue reading Book Banning in Public Schools: A Poor Tool for Censorship
Inconsistent: SCOTUS, Conservatism, and Corporate Speech
By: John Schengber, Vol. 21 Staff Writer In recent decisions from the circuit courts — the second-highest level of federal courts behind the Supreme Court — judges disagree as to whether states can prohibit social media companies from moderating content on their platforms. The Firth Circuit Court of Appeals evaluated a Texas law, and the … Continue reading Inconsistent: SCOTUS, Conservatism, and Corporate Speech
Now Trending Nationally: States Limiting First Amendment Rights to Film Police Despite Explicit Right from the Supreme Court.
By Annelise Yackow, Vol. 21 Staff Writer The summer of 2020 was a pivotal time for the United States, particularly for the future of the criminal justice system, but also for First Amendment rights. Following the murder of George Floyd at the hands of Minneapolis Police, national protests broke out calling for improved police accountability … Continue reading Now Trending Nationally: States Limiting First Amendment Rights to Film Police Despite Explicit Right from the Supreme Court.
“But I was Just Joking!”: The Insurmountable Infringement Defense
“I was just joking!” serves as a less than convincing defense to most accusations. Not so in the Ninth Circuit. There, as Jack Daniels learned in a case it now seeks to bring to the Supreme Court, where an otherwise infringing product “communicates a ‘humorous message’ ” it is almost impossible to win.