By Regan Jarvis, Staff Writer The Sixth Amendment guarantees criminal defendants’ right to a speedy and public trial with an impartial jury, however, it does not prohibit the publication of mugshots and arrest records prior to a conviction.[1] With the growing presence of social media, many police departments have turned to these platforms, […]
Post Tagged with: "First Amendment"
Censorship in College Admissions: Courts Offer Guidance in Balancing Fundamental Rights
Photo provided courtesy of Pixabay.com By Giulia Schaub, Editor-in-Chief Young adults today are accustomed to warnings from parents, teachers, and authority figures about posting controversial or inappropriate content on social media websites. Now, in a society that has enjoyed easy internet access for over two decades, seasoned social media users […]
Ninth Circuit Rejects Request for Immediate WeChat Ban
Photo courtesy of Deposit Photos. Ninth Circuit Rejects Request for Immediate WeChat Ban By Sarah Thomas The Ninth Circuit Court of Appeals has rejected a request by the Trump Administration to immediately ban Chinese-owned WeChat from smartphone app stores.[1] This request came on an appeal from the District Court for […]
Freedom of Speech on College Campuses
Photo courtesy of Pixaby By Stephen Hodzic, Staff Writer Freedom of speech is considered one of the most fundamental rights of a citizen of the United States.[1] The First Amendment of the Constitution specifically prevents an infringement of those rights by any branch government, with exceptions for threats, blackmail, […]
The Terms and Conditions of Free Speech in the Modern-Day Public Square
By Kurt Valentine, Web Editor Social media has rapidly asserted itself as the modern-day public square. In 2005, one year after Facebook’s launch, 10% of internet-using U.S. adults used at least one social media site.[1] Ten years later, that number increased to almost 80%.[2] Facebook, which is the most popular […]
Justice Thomas Urges Review of the Seminal New York Times v. Sullivan Supreme Court Case
By: Margaret Potter, Staff Writer On February 19, 2019, Justice Clarence Thomas wrote a concurring opinion in McKee v. Cosby in which he urged the Supreme Court to reconsider its seminal decision in New York Times v. Sullivan.[1] In McKee v. Cosby, actress Katherine McKee sued comedian Bill Cosby, whom […]
First Amendment Rights vs. Hate Speech: Where Should We Draw the Line?
By: Guilia Schaub, Staff Writer The entire world was horrifically shocked on Saturday, October 27, 2018, when Richard Bowers opened fire in the Tree of Life Synagogue during Shabbat services and brutally murdered eleven people. [1]It was even further sickened by the attack when news sources confirmed Bowers’ actions […]
The Trump/Clifford Non-Disclosure Agreement: Violation of Public Policy and the First Amendment
By Wilson R. Huhn,* Professor of Law Introduction On Oct. 28, 2016, 11 days before the 2016 presidential election, Stephanie Clifford signed a non-disclosure agreement pursuant to which Ms. Clifford was paid $130,000 in exchange for her promise not to disclose any information about her alleged affair with Donald Trump.[1] […]
Attack on Public Sector Unions Positions First Amendment Against Workers
By Katherine Enright One case pending before the Supreme Court of the United States this term has the potential to disrupt the functioning of unions all around the country. On September 28, 2017, the Court granted certiorari in the matter of Janus v. American Federation of State, County, and Municipal […]
PA Supreme Court Hears Oral Arguments on Whether Rap Lyrics Can Be Considered Terroristic Threats
By Amy Kerlin, Staff Writer Are rap lyrics protected by the First Amendment? Can limitations be placed on artistic expressions? On Tuesday, November 28, 2017, the Pennsylvania Supreme Court heard oral arguments regarding the extent of free speech protection of lyrics in a rap song. In 2014, two Pittsburgh area […]