Brigham Young University Law Review

Brigham Young University Law Review is a magazine focusing on Law

Articles from Vol. 2010, No. 6, 2010

Expensive Speech: Citizens United V. FEC and the Free Speech Rights of Tax-Exempt Religious Organizations
I. INTRODUCTIONThe U.S. Supreme Court's decision in Citizens United v. FEC1 entered the national consciousness amid more than its fair share of controversy. During his 2010 State of the Union Address, with many of the robe-clad justices of the Supreme...
Government Speech and Online Forums: First Amendment Limitations on Moderating Public Discourse on Government Websites
I. Introduction .................................................................... 1982II. Public Discourse and Online Forums ......................... 1985A. Government's Growing Online Presence .................... 1985B. Private Speech and Online...
Government Speech and the Publicly Employed Attorney
I. INTRODUCTIONIn its recent cases, the U.S. Supreme Court has expanded its theoiy of government speech in such a way that constitutional free speech rights are nullified merely by categorizing the speech as "government speech."1 In Garcetti v. Ceballos,...
Inverse Condemnation Actions Present Unique Problems When Determining "Just Compensation"
I. INTRODUCTIONThe concept of eminent domain has existed for centuries;1 "[tjhe first formal declaration of the related just compensation principle occurred in France's 1789 Declaration of the Rights of Man and of the Citizen."2 Today, the Fifth Amendment...
Justice Souter on Government Speech
I. INTRODUCTIONJustice David Souter, who replaced Justice William Brennan, was seated on October 3, 1990, and retired on June 29, 2009. As it turns out, Justice Souter's tenure coincided exactly with the birth and development of the government speech...
Nonimmigrants, Equal Protection, and the Supremacy Clause
I. INTRODUCTIONAt the intersection of immigration and equal protection lies a judicial vortex. This area of law is a twilight zone of sorts, where established constitutional principles do not follow their regular paths.1 The Equal Protection Clause of...
Pick Your Poison: Private Speech, Government Speech, and the Special Problem of Religious Displays
I. INTRODUCTIONFor years, the United States Supreme Court has debated the constitutionality of a governmental entity erecting or maintaining an arguably religious symbol on public property.1 A deeply divided and often inconsistent Court has created significant...
Summum, the Vocality of Public Places, and the Public Forum
I. INTRODUCTIONPleasant Grove City v. Summum1 unanimously held that a city's decision to exclude a private religious monument offered by adherents of the Summum religion from a municipal park was a form of government speech exempt from Free Speech Clause...
The Emerging Oversimplifications of the Government Speech Doctrine: From Substantive Content to a "Jurisprudence of Labels"
I. IntroductionIn the past couple of decades, the U.S. Supreme Court has created, and continues to develop the contours of, what it refers to as the "government speech" doctrine. In its current incarnation, this doctrine holds that whenever it can be...
The Free Speech Rights of Off-Duty Government Employees
I. INTRODUCTIONUntil recently, Andrew Shirvell was an assistant attorney general in Michigan. This past fall, he created a blog attacking the openly gay president of the University of Michigan student body as a "racist" and "liar" who was promoting "a...
Author Advanced search

Oops!

An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.