Constitutional Law. Free Speech Clause. Sixth Circuit Classifies Computer Source Code as Protected Speech. Junger v. Daley, 209 F.3d 481 (6th Cir. 2000)

2001 ◽  
Vol 114 (6) ◽  
pp. 1813 ◽  
Keyword(s):  
Free Speech ◽  
Constitutional Law ◽  
Source Code ◽  
Speech Clause

scholarly journals Emerging Technologies and Dwindling Speech, 16 U. Pa. J. Const. L. 1235 (2013)

2018 ◽  
Author(s):  
Jorge R. Roig
Keyword(s):  
Supreme Court ◽  
First Amendment ◽  
Free Speech ◽  
Emerging Technologies ◽  
Source Code ◽  
Individual Rights ◽  
Recent Past ◽  
Comprehensive Theory ◽  
Speech Clause

Inspired in part by the recent holding in Bland v. Roberts that the use of the “Like” feature in Facebook is not covered by the Free Speech Clause, this article makes a brief foray into the approach that courts have taken in the recent past towards questions of First Amendment coverage in the context of emerging technologies. Specifically, this article will take a closer look at how courts have dealt with the issue of functionality in the context of First Amendment coverage of computer source code. The analysis of this and other recent experiences, when put in a larger context, reflects a continuing dissatisfaction on the part of both courts and legislatures with the current Supreme Court doctrine on First Amendment coverage. From this discussion, we can also derive some meaningful normative insights regarding the interplay between emerging technologies and First Amendment coverage doctrine. Finally, this article hopes to serve as a stepping stone in a more profound and long term pursuit of a comprehensive theory of constitutional individual rights coverage issues that might serve us well as the future brings unexpected changes in our society.

The Dynamic Free Speech Clause

2018 ◽  
Author(s):  
Timothy Zick
Keyword(s):  
Free Speech ◽  
Constitutional Rights ◽  
Relational Dynamics ◽  
Free Exercise ◽  
Second Amendment ◽  
The Press ◽  
The Common ◽  
Rights Discourse ◽  
The Right ◽  
Speech Clause

This book examines the relational dynamics between the U.S. Constitution’s Free Speech Clause and other constitutional rights. The free speech guarantee has intersected with a variety of other constitutional rights. Those intersections have significantly influenced the recognition, scope, and meaning of rights ranging from freedom of the press to the Second Amendment right to bear arms. They have also influenced interpretation of the Free Speech Clause itself. Free speech principles and doctrines have facilitated the recognition and effective exercise of constitutional rights, including equal protection, the right to abortion, and the free exercise of religion. They have also provided mediating principles for constructive debates about constitutional rights. At the same time, in its interactions with other constitutional rights, the Free Speech Clause has also been a complicating force. It has dominated rights discourse and subordinated or supplanted free press, assembly, petition, and free exercise rights. Currently, courts and commentators are fashioning the Second Amendment right to keep and bear arms in the image of the Free Speech Clause. Borrowing the Free Speech Clause for this purpose may turn out to be detrimental for both rights. The book examines the common and distinctive dynamics that have brought free speech and other constitutional rights together. It assesses the products and consequences of these intersections, and draws important lessons from them about constitutional rights and constitutional liberty. Ultimately, the book defends a pluralistic conception of constitutional rights that seeks to leverage the power of the Free Speech Clause but also to tame its propensity to subordinate, supplant, and eclipse other constitutional rights.

Advocacy of Illegal Drug Use

2015 ◽  
pp. 108-121
Keyword(s):  
Drug Use ◽  
First Amendment ◽  
Free Speech ◽  
United States Supreme Court ◽  
Supreme Court Decision ◽  
Illegal Drug ◽  
United States Supreme ◽  
Student Speech ◽  
Illegal Drug Use ◽  
Speech Clause

This chapter examines the Morse v. Frederick (2007) case – the most recent United States Supreme Court decision about students' right to free speech under the Free Speech Clause of the First Amendment. It discusses the test created in the case for determining the extent of school-censorship authority over student speech. This test, known as the Morse test, allows schools to censor student speech if the speech advocates illegal drug use. The ultimate goal of the chapter is to analyze the Morse v. Frederick case in order to determine if it gives schools any authority to censor students' off-campus speech.

School-Sponsored Speech

2015 ◽  
pp. 97-107
Keyword(s):  
United States ◽  
First Amendment ◽  
Free Speech ◽  
The United States ◽  
United States Supreme ◽  
Student Speech ◽  
Speech Clause

This chapter examines the Hazelwood v. Kuhlmeier (1988) case – the United States Supreme Court's third review of students' speech rights under the Free Speech Clause of the First Amendment. It discusses the test created in the case for analyzing when schools can regulate students' speech. This test, referred to as the Hazelwood test (also known as the Kuhlmeier test) authorizes schools to censor school-sponsored student speech. The chapter discusses the Supreme Court's approach to student speech in the Hazelwood v. Kuhlmeier (1988) case. The ultimate goal of the chapter is to analyze the case in order to determine if it authorizes schools to censor students' speech while they are outside the schoolhouse gate.

Lewd, Vulgar, Plainly-Offensive, and Obscene Speech

2015 ◽  
pp. 84-96
Keyword(s):  
United States ◽  
School District ◽  
First Amendment ◽  
Free Speech ◽  
The United States ◽  
United States Supreme ◽  
Student Speech ◽  
Free Speech Rights ◽  
Speech Clause

This chapter focuses on the Bethel School District No. 403 v. Fraser (1986) case – the United States Supreme Court's second review of students' speech rights under the Free Speech Clause of the First Amendment. It discusses the test created in the case for determining when schools can regulate students' speech. This test, referred to as the Bethel test or the Fraser test authorizes schools to censor students' speech if the speech is vulgar, lewd, plainly offensive or obscene. The chapter also discusses the Supreme Court's decision on the scope of students' free speech rights. The ultimate goal of the chapter is to analyze the Bethel School District No. 403 v. Fraser case in order to determine if it empowers schools to censor off-campus student speech.

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