Category: First Amendment
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“Best Interest” vs. Strict Scrutiny: The Battle for the Freedom of Speech in Child Custody and CPS Cases
By Kaylee Kasper — As it stands, the US legal system promotes a largely hands-off approach to regulating the internal affairs of families. Parents have the liberty to determine how they intend to raise their children, dictating their day-to-day activities…
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Protecting the First Amendment in Stopping Cop City: Unconstitutional Overbreadth in Georgia’s RICO Laws
By James Swinehart — In March 2021, then-Atlanta Mayor Keisha Lance Bottoms alongside the Atlanta Police Foundation announced plans to build the Atlanta Public Safety Training Center—a massive $90 million police training facility boasting shooting ranges, explosives testing grounds, and…
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Social Media Platforms as Publishers: Evaluating the First Amendment Basis for Content Moderation
By Jimmy Fraley — In recent years, many Republican politicians have become increasingly vocal about the content censorship imposed by social media companies. These Republicans are concerned that social media companies have taken actions to censor conservative speech and have…
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A Plea to Act in Good Faith: How Two State Laws Challenge Social Media Platforms’ Editorial Practices
By Tori Tinsley — Recent controversy surrounding the constitutionality of two state laws regulating social media platforms reveals that modern technology is presenting unprecedented challenges for the legal system. Two laws passed in Texas and Florida in 2021, HB 20…
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The Legality of Tattoo Discrimination in Employment
By Leyuan Ma — In recent years, tattoos have become increasingly popular as a form of body art in the United States. According to a 2019 survey, 30% of Americans have at least one tattoo, an increase from 21% in…
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A Look Back at Washington State’s Senate Bill (SB) 5843: Constitutional or Not?
By Alexandra Orbuch — Introduced by the Washington State legislature in January 2022, Senate Bill (SB) 5843 attempted to criminalize statements made by elected officials or candidates that: (a) Are intended to incite or produce imminent lawless action and do…
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When Two Worlds Collide: Evaluating Free Speech and National Security Claims around Trump’s WeChat Ban
By Nalin Ranjan — Immigrants have come a long way from hopelessly striving toward the 20th-century ideal of full assimilation into American society. Descendants of Jewish immigrants, whom many believed could not be trusted, can now proudly take credit for…
