By Katherine Rippey; Staff Member (Vol. 15)
Oscar Wilde once said, “Art is the most intense mode of individualism that the world has known.” The First Amendment to the United States Constitution is predicated on this concept of individual expression in regards to speech, religion, and even art. This protection of individual consciousness is further protected through copyright laws, where an individual’s work can be protected from duplication in an effort to preserve the creativity and distinct nature of certain products. However, in considering self-expression, it appears contradictory that for your own artistic self-expression you are unable to utilize the works of others as a basis of inspiration.
By John Ferris; Staff Member (Vol. 15)
What is your favorite item of clothing? Whatever it may be, that item of clothing is likely something that has symbolic value to you and it expresses something specific when you wear it. What if you wore that favorite item of clothing to work one day and were promptly told to go home and change because it offended one of your co-workers? Is that reasonable? Doesn’t your co-worker know that your Texas A&M “Aggies” cap doesn’t have any significant offensive meaning and that no one is even sure what an “Aggie” is anyways?
Please welcome the new Volume 15 Staff Members! Congratulations on successfully completing the 2016 Joint Journal Competition, and welcome to the First Amendment Law Review!
By Mia B. Ragent; Staff Member (Vol. 14)
Do tour guide licensing requirements violate the Free Speech Clause? In the past year, tour guides in two major tourist-destination cities challenged licensing schemes to two different results. Continue reading
This summer, the First Amendment Law Review has created and now launched its own independent website. If you encounter any technical problems or bugs, please inform the Communications Editor at firstname.lastname@example.org.
By Joseph M. (Max) Swindle; Staff Member (Vol. 14), Notes Editor (Vol. 15)
Political silence, the inability to have one’s voice heard, is an issue that marginalizes many citizens and residents. In an effort to remedy this pervasive issue, some citizens choose to give money to public policy think tanks that help foster discussion about important public policy topics. Continue reading
By Jonathan C. Jakubowski, Staff Member (Vol. 14)
“The contest for ages has been to rescue liberty from the grasp of executive power.”
– Daniel Webster
In June 2015, the Department of State proposed several changes to the International Traffic in Arms Regulations (ITAR), which regulate the manner in which items on the United States Munitions List (USML) may be exported. 80 Fed. Reg. 106 (proposed Jun. 3, 2015). In addition to the physical armaments themselves, the ITAR regulates the export of USML items’ technical specifications. The key component of the ITAR, and the reason it concerns First Amendment scholars, is that it requires authorization from the State Department prior to the export of any items falling within its purview. The prior authorization requirement, combined with a creative definition of “export,” creates a real danger of speech suppression through prior restraint. Continue reading