Tag Archives: The First Amendment

The Debate Behind the Debate

The debate over Indiana’s version of the Religious Freedom Restoration Act has already taken some curious twists and turns. The initial response from opponents was to go to the playbook that has been so wildly successful over the past five … Continue reading

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Let’s Talk About Oklahoma and Free Speech

With the news that University of Oklahoma President David Boren would be expelling two members of the SAE fraternity for singing a racial-slur-laden song, there has been an expected uptick in First Amendment experts in the comments sections of the … Continue reading

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Best of 2014

A new job and shifting responsibilities caused my blog-related productivity to slip a bit.  Overall, I published “only” 41 pieces in 2014, including this one. But, that’s life.  This blog was always intended to be both an outlet for things … Continue reading

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Fun with Offensive Trademarks

For no particular reason whatsoever, I thought it might be worthwhile to take some time to poke around the USPTO database.  I wanted to see what potentially “disparaging,” “immoral,” or “scandalous” trademarks and service marks are still live in 2014. Here’s a … Continue reading

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A “Free Speech” Misconception

If there’s an upside to having to listen to national arguments about “offensive” ideas on a weekly basis, it’s this:  The increasing frequency of those debates has highlighted a misguided point repeatedly made about “free speech.” The argument normally follows these … Continue reading

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Anti-Bullying / Anti-Free-Speech Redux

I wrote a piece last August arguing that new anti-bullying laws would inevitably lead to the enforcement of such provisions butting up against First Amendment rights.  In it, I wrote: Several potential problems with the policy became clear rather quickly. … Continue reading

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Anti-Bullying Intent, Anti-Free-Speech Result?

Last week, over at A New Voice, I tackled the inevitable collision of anti-bullying efforts and the free speech rights of students.  An expanded version of that piece is below: A broad new social media policy recently implemented by California’s Lodi Unified … Continue reading

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Saving Our Skins

I didn’t think much of it one way or the other when Harrison Weinhold brought up the Washington Redskins’ nickname during the podcast we recorded over a week ago.  The conversation meandered from weighty issue to weighty issue, and the … Continue reading

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Nine Issues That May Frame the Next Generation of Political Debate

With gay marriage legalization proliferating and the near-inevitability of same-sex marriage being legal in nearly every jurisdiction within a decade, the question becomes what will be the next “cause” that will begin to make legislative gains over the next twenty … Continue reading

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