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As we shall see, this latter mandate is easier to articulate than it is to apply in real-world circumstances.We now turn to more specific issues that arise in the encampment setting.As a general matter, when government (including public university administrators) regulate speech-related activities in physical areas that have been generally open for expressive purposes, government must, as just noted, do so in a content- and viewpoint-neutral way, that is, in a way that is not… [read post]
29 Apr 2024, 9:01 pm by Vikram David Amar and Jason Mazzone
To us, this makes sense in the same way that attempted crimes are still considered criminal whether or not the intended victim ended up being harmed. [read post]
16 Apr 2024, 9:01 pm by Vikram David Amar
But most all rules I have ever seen—especially in public address settings—do not go that far; they simply prevent “disruption” the way Stanford’s (and seemingly Maryland’s) own rules apparently do.So what can/ought we do with people who engage in shouting down? [read post]
17 Mar 2024, 7:17 pm by Amy Howe
Although she could have criticized the NRA or reminded insurance companies and banks about their legal obligations without violating the First Amendment, they observe, the Supreme Court ruled in 1963 in Bantam Books v. [read post]
28 Sep 2023, 4:00 am by Anil Kalhan
Ultimately, of course, the Supreme Court vacated the Trump administration’s rescission of DACA in 2020 when—by a 5-4 margin, with Chief Justice John Roberts writing for the majority—it decided Department of Homeland Security v. [read post]
10 Apr 2023, 11:32 am by Stuart N. Brotman
Even before the Supreme Court overturned its long-standing constitutional protection for abortion last year in Dobbs v. [read post]