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Entries in First Amendment Law (10)

Student Tasered at John Kerry Speech

The video below shows a student at the University of Florida who apparently asked "one to many questions" to John Kerry during a speech. Police decide to arrest him and take it a bit too far, in my opinion. What do you think?

Posted on Tuesday, September 18, 2007 at 09:40AM by Registered CommenterScott Felsenthal in , , , | CommentsPost a Comment | EmailEmail

Online Campaign Ads

Here are the links to a recent piece I wrote regarding online campaign advertisements of political candidates and committees. This is a "hot topic", so to speak, in the First Amendment field of campaign and election laws due to the rise of dependency and utilization of the Internet.

The article: Click Here

10 State Analysis: Click Here

FAQs: Click Here

Posted on Monday, April 30, 2007 at 11:10AM by Registered CommenterScott Felsenthal in | CommentsPost a Comment | EmailEmail

First Amendment FAQ: Religious Paintings in Public Schools

As part of my job as a legal research intern at the First Amendment Center, I occasionally compose research entitled "Frequently Asked Questions" (FAQ) that relate to controversial and pressing First Amendment issues. I look forward to sharing some of these FAQs with you. If you have any suggestions or ideas for an FAQ, please email The Legal Scoop by CLICKING HERE .

Disclaimer: These FAQs are not intended to provide legal advice.

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Posted on Tuesday, March 27, 2007 at 11:04AM by Registered CommenterScott Felsenthal in | CommentsPost a Comment | References1 Reference | EmailEmail

WWJD...Bong hits?

Is this a type of speech that is properly censored by a school? The state? Justice Breyer made a good point in the oral arguments:

". . .[H]e is struggling with the case because a ruling in Frederick's favor could encourage students to go to absurd lengths to test those limits. A ruling for Morse, however, "may really limit free speech," Breyer said."

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Posted on Monday, March 19, 2007 at 12:44PM by Registered CommenterJ. Louis May in | Comments8 Comments | EmailEmail

Death Match: Church v. State in the Supreme Court

Announcer (Monster-Truck Style): Wednesday! Wednesday! Wednesday! The showdown we've all waited for, a battle to the death! One will survive, and run this country, the other banished to hell. Pick your side carefully!

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Posted on Tuesday, March 6, 2007 at 02:51PM by Registered CommenterJ. Louis May in | Comments5 Comments | EmailEmail

Say What? Profanity and the First Amendment

There is often discussion among legal scholars and courtrooms across the country regarding exactly what constitutes speech that is not protected by the First Amendment. Although the courts have provided much guidance for us, this is still an evolving area of First Amendment jurisprudence today. As times change, so must the way in which speech is protected or punished.

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Posted on Monday, February 19, 2007 at 10:19AM by Registered CommenterScott Felsenthal in | CommentsPost a Comment | EmailEmail

Facebook and MySpace- Quickly Becoming Breeding Grounds For Disciplinary Actions and Arrests

Since the introduction of online networking websites, such as Facebook and MySpace, many individuals have had to face disciplinary actions, suspensions, expulsions, and even arrests for what they have posted to their personal profiles. Some of these examples will make you immediately edit YOUR profile on these sites, but it can be argued that others deserved punishment- Or can it?

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Posted on Saturday, February 17, 2007 at 12:10PM by Registered CommenterScott Felsenthal in | CommentsPost a Comment | EmailEmail

A Man of His Word

Updated on Saturday, February 17, 2007 at 09:57PM by Registered CommenterScott Felsenthal

I have heard of many crazy bets throughout my life, but this one just may top the list. A bet between a Chicago Bears fan and an Indianapolis Colts fan yielded in a name change of one of the participants- and the name change isn't one you would have expected.

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Posted on Friday, February 16, 2007 at 12:08PM by Registered CommenterScott Felsenthal in | CommentsPost a Comment | EmailEmail

Shining Some Light on "Sunshine Laws"

First Amendment jurisprudence covers a wide array of legal issues. However, the Freedom of Information Act and state Open Meetings Laws, also known as “Sunshine Laws”, seem to be a constant issue in the news. The research below I conducted as part of a project at the First Amendment Center and it will provide you with an overview of the Open Meetings laws, particularly in Tennessee...

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Posted on Monday, February 12, 2007 at 02:14PM by Registered CommenterScott Felsenthal in | CommentsPost a Comment | EmailEmail

The "Earndhardt Family Protection Act"- Ever Heard of It?

There have been an abundance of Anna Nicole Smith's photographs posted all over the web in the wake of her sudden death. We can be sure, however, that we won't be seeing any of her autopsy photos thanks to the Florida legislature and the Dale Earnhart Family in their persistence in the passing of the Earnhardt Family Protection Act.

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Posted on Sunday, February 11, 2007 at 07:45PM by Registered CommenterScott Felsenthal in | CommentsPost a Comment | EmailEmail