“Silent Sam” and Freedom of Speech. An intersection of the “marketplace of ideas,” viewpoint discrimination, and government speech

By Robert Daniel   A. Tumbling Down Bronze meets the dirt. On August 20, 2018, protesters forced “Silent Sam” down to the ground. In 1913, the Daughters of the Confederacy erected the statue in memory of UNC students who fought for the Confederacy in the Civil War. Silent Sam has been a point of controversy … Continue reading “Silent Sam” and Freedom of Speech. An intersection of the “marketplace of ideas,” viewpoint discrimination, and government speech

Breaking Overnight News! Silent Sam Topples in the Wake of UNC Protesters

School is back in session, but not without controversy. As the 2017-2018 school year ended and summer began the protests surrounding the controversial Confederate monument, Silent Sam died down. Last night on the eve of the 2018-2019 school year Silent Sam came crashing down. Chancellor Carol L. Folt  released a statement that "Last night's actions were unlawful … Continue reading Breaking Overnight News! Silent Sam Topples in the Wake of UNC Protesters

What’s That Sign Say? : A Brief Examination of the Four Opinions in Reed v. Town of Gilbert

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

The Teacher Followed Me Home: Bell and a School’s Control of Student Speech Outside the Classroom

By Kirstin Vinal; Staff Member (Vol. 15) Where does a student’s speech stop being under control of their school? Could it be when they are 500 feet away from school property? Or when they are home? In 2015, the Fifth Circuit Court of Appeals ruled in Bell v. Itawamba County School Board that speech outside of … Continue reading The Teacher Followed Me Home: Bell and a School’s Control of Student Speech Outside the Classroom

Elonis: Confusing Both the Educated Judge and the Everyday Facebook User

By Garrett Rider; Staff Member (Vol. 15) Over the past decade, racial tension has continued to intensify in response to serious issues involving the mistreatment of African Americans at the hands of our police force. The media has seemingly been overwhelmed with stories similar to the incidents involving Michael Brown, Alton Sterling, and Philando Castile, … Continue reading Elonis: Confusing Both the Educated Judge and the Everyday Facebook User

Unlicensed and Unheard: Stifling Segway Speech

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

“Chilling” Campaign Finance Law Upheld

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

Firearm “Gag Order” Bound to Miss its Mark

By Jonathan C. Jakubowski, Staff Member (Vol. 14) “The contest for ages has been to rescue liberty from the grasp of executive power.”  – Daniel Webster In June 2015, the Department of State proposed several changes to the International Traffic in Arms Regulations (ITAR), which regulate the manner in which items on the United States Munitions … Continue reading Firearm “Gag Order” Bound to Miss its Mark

Cecil the Lion’s Roar: Libel in an Internet Age

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