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Current Issue

 - Vol. 7, Fall 2008

Symposium Issue
Public Citizens, Public Servants: Free Speech in the Post-Garcetti Workplace

Articles
Academic Speech in the Post-Garcetti Environment
Robert M. O'Neill

Against Legislation: Garcetti v. Ceballos and the Paradox of Statutory Protection
Ruben Garcia

Academic Freedom and the Post-Garcetti Blues
Sheldon Nahmod

Government Workers and Government Speech
Helen Norton

When are Public Employees Not Really Public Employees?
Ramona L. Paetzold

Garcetti's Impact on the First Amendment Speech Rights of Federal Employees
Paul M. Secunda

Past Issues

Vol. 1, Spring 2003

Articles
Taking Free Speech Seriously: The United States Supreme Court and Virtual Child Pornography
Arnold H. Loewy

You Can't Touch This: A Lesson to Legislators on Political Speech
B. Chad Bungard

Notes
Separation of Church and State: The Supreme Court's Misleading Metaphor
John C. Fischer

Resisting Efforts to Provide Public Funding for Parochial Education in Wake of Zelman v. Simmons-Harris: A Primer for North Carolina Advocates
Mary Elizabeth Hill Hanchey

Minority Report: The Endorsement Test and Native American Religions on Federal Lands
Michelle B. Langford

One Nation Under God: Newdow v. United States Congress?  A Poorly Chosen Battle in the War Over Separation of Church and State
Russell W. Johnson

Judicial Campaign Speech and Fundraising: Will Republican Party of Minnesota v. White Be a Catalyst for Reform?
Kara A. McCraw

Vol. 2, Winter 2003

Symposium Issue
Separation of Church and States:  An Examination of State Constitutional Limits on Government Funding for Religious Institutions

Introduction
The Historical Context of the Failed Federal Blaine Amendment of 1876
Ward M. McAfee

Articles
Why a State Exclusion of Religious Schools From School Choice Programs is Unconstitutional
Thomas C. Berg

The Theology of the Blaine Amendments
Richard W. Garnett

Reconstructing the Blaine Amendments
Frederick Mark Gedicks

"Blaming Blaine": Understanding the Blaine Amendment and the "No-Funding" Principle
Steven K. Green

Blaine Amendments, Anti-Catholicism, and Catholic Dogma
Marc D. Stern

The "Blaine" Debate: Must States Fund Religious Schools?
Laura S. Underkuffler

Vol. 2, Spring 2004

Articles
Establishing Bonds Between Church and State: The Issuance of Tax-Exempt bonds for Religious Institutions
Martha Ratnoff Fleisher

The Constitutionality of "Rescue Fund Triggers" in North Carolina's Judicial Campaign Reform Act
Jason Bradley Kay & Jack McDaniel Sawyer

Fixing the Faulty Forum Framework: Changing the Way Courts Analyze Free Speech Cases
W. Brent Woodall

Notes
Right to Privacy?  Why the Private Facts Tort Cannot Coexist with the First Amendment
David C. Adkins

Freedom to Petition: The Tort Reform Opponent's Untapped Resource
Angela W. Garcia-Lamarca

Freedom of Expression and Interactive Media: Video Games and the First Amendment
Carmen K. Hoyme

Disorder in the Courts: Public School Student Expression on the Internet
Brian Oten

Vol. 3, Winter 2004

Symposium Issue
Judicial Elections: The Campaign Reform Act and the North Carolina Experience

Foreward
Judicial Elections
Gene R. Nichol

Articles
A Matter of Perspective
The Honorable Penny J. White

An Essay on the Right of Judges and Judicial Candidates to Freedom of Speech
Justice Robert F. Orr

North Carolina in Post White Decision World: Where We Are, How We Got There, and Where To Go Next
J. Christopher Heagarty

When Free Speech and Free Elections Collide: A North Carolina Case Study
Robert H. Hall

Vol. 3, Spring 2005

Articles
From Carlin's Seven Dirty Words to Bono's One Dirty Word: A Look at the FCC's Ever-Expanding Indecency Enforcement Role
Faith Sparr

Self-Government Before the Judiciary and a First Amendment Standard that Protects the Content of Courtroom Argument
Liam Braber

Information Cascades and Mass Media Law
Steven Geoffrey Giesler

Notes and Recent Developments
Protecting the "Marketplace of Ideas": The First Amendment and Public School Teachers' Classroom Speech
Emily Holmes Davis

Enemy Combatant Status Hearings: Predicting the Right of Access by the Press and Public
Jeffrey S. Koweek

Getting Entangled in the Establishment Clause: Implications of the Decision in Utah Gospel Mission v. Salt Lake City
Matthew A. Russell

Juror Identities in High-Profile Trials: The Case for a First Amendment Right of Access
Marcus M. Wilson, Jr.

Don't Fence Us In: A First Amendment Right to Freedom of Assembly and Speech
Nicole C. Winnett

Vol. 4, Fall 2005

Symposium Issue
The First Amendment and Press Coverage of Elections in the United States

Foreward
Who is a "Journalist"?
Howard Fineman

Articles
The First Amendment, Journalism & Credibility: A Trio of Reforms for a Meaningful Free Press More than Three Decades after Tornillo
Clay Calvert              

An Unworkable Solution For a Non-Existent Problem: A Reply to Professor Calvert
Arnold H. Loewy

Credibility and the Press: A Response to Professor Loewy
Clay Calvert

Swift Boat Vets in 2004: Press Coverage of an Independent Campaign
Albert L. May

The Jurisprudence of the Media's Access to Voting Polls
Blake D. Morant

Vol. 4, Spring 2006

Articles
A Missed Opportunity to Abandon the Reasonable Observer Framework in Sacred Text Cases: McCrearyCounty v. ACLU of Kentucky and Van Orden v. Perry
Susan Hanley Kosse

Neuroscience and the In Corpore-ted First Amendment
Rodney J.S. Deaton

Notes and Recent Developments
Holy Scriptures and Unholy Strictures: Why the Enforcement of a Religious Orthodoxy in North Carolina Demands a More Refined Establishment Clause Analysis of Courtroom Oaths
Daniel Blau

Velazquez v. Legal Services Corporation: Unconstitutional Conditions and First Amendment Rights of Nonprofit Organizations and Their Donors
Edward Chaney

Hot Coffee and Freeze-Dried First Amendment Analysis: The Dubious Constitutionality of Using Private Ratings for Public Regulation of Video Games
William Cross

Interpreting Commercial Speech Under the Lanham Act?s Commercial Use Requirement: Tension Between Online Trademark and First Amendment Free Speech Rights
R. Kent Warren

Protecting Homosexual Rights: A Contradiction in First Amendment Jurisprudence
Quinn White

Vol. 5, Winter 2006

Symposium Issue
Religion in the Public Schools

Articles
Vestiges of the Establishment Clause
Steven G. Gey

Through a Glass Darkly: Van Orden, McCreary, and the Dangers of Transparency in Establishment Clause Jurisprudence
Laura S. Underkuffler

The Wisdom and Constitutionality of Teaching Intelligent Design in Public Schools
Arnold H. Loewy

Kitzmiller and the "Is It Science?" Question
Jay D. Wexler

Why It Mattered to Dover that Intelligent Design Isn't Science
Richard B. Katskee

Constitutional Structure, Individual Rights, and the Pledge of Allegiance
Luke Meier

Establishing Anti-Foundationalism through the Pledge of Allegiance in Class
Anthony R. Picarello, Jr.

Vol. 5, Spring 2007

Articles

Privatizing Public Forums to Eliminate Dissent
Kevin Francis O'Neill

Closing the Orwellian Loophole: The Present Constitutionality of Big Brother and the Potential for a First Amendment Cure
Matthew Lynch

Notes
Sinkholes and 'Substantial Rights': North Carolina's Rejection of Enhanced Procedural Protections for Defamation Defendants
Eric M. David

Randall v. Sorrell: Campaign-Finance Regulation and the First Amendment as a Facilitator of Democracy
Rachel Gage

Protecting the Marketplace of Ideas in the Classroom: Whey the Equal Access Act and the First Amendment Require the Recognition of Gay/Straight Alliances in America's Public Schools
Carolyn Pratt

These Dishonored Dead: Veteran Memorials and Religious Preferences
David Rittgers

Reporters and their Confidential Sources: How Judith Miller Represents the Continuing Disconnect Between the Courts and the Press
Elizabeth Coenia Sims

Vol. 6, Fall 2007

Symposium Issue
No Strings Attached?: The First Amendment and Tax-Exempt Organizations

Articles
Grasping Smoke: Enforcing the Ban on Political Activity by Charities
Lloyd Hitoshi Mayer

Political Advocacy and Taxable Entities: Are They the Next "Loophole"?
Donald B. Tobin

Campaign Speech and Contextual Analysis
Miriam Galston

Wanted: A Bright-Line Test Defining Prohibited Intervention in Elections by 501(c)(3) Organizations
Kay Guinane

Distributing Government Suppression of Speech
Arnold H. Loewy

Preserving Judicial Independence: Judicial Elections as the Antidote to Judicial Activism
James Bopp, Jr.

Vol. 6, Spring 2008

Articles
Free Speech, World War I, and Republican Democracy: The Internal and External Holmes
Stephen M. Feldman

The Supreme Court as Civic Educator: Free Speech according to Justice Kennedy
Helen J. Knowles

Notes
Speech and Subsidies: How Government Uses Financial Threats and Incentives to Dampen First Amendment Protections
Crandall Close

Purging Religion from Prisons: The Constitutionality of the Standardized Chapel Library Project
Andrew Lincoln

Lost without Translation: The Official English Movement and the First Amendment
Amy Mackin

So Easily Offended - A First Amendment Analysis of the FCC's Evolving Regulation of Broadcast Indecency and Standards for Our Contemporary Community
Paige Connor Worsham