By: Maian Adams In a 1939 opinion, Justice Owen J. Roberts wrote “[w]herever the title of streets and parks may rest, they have immemorially been held in trust for the use of the public and, time out of mind, have been used for purposes of assembly, communicating thoughts between citizens, and discussing public questions. Such use …
By: Aaron Thomas Fadden Setting the Stage This past July in Barr v. American Ass’n. of Political Consultants, Inc., the Supreme Court reaffirmed that companies cannot use automated systems to contact consumers, holding that while the Telephone Consumer Protection Act of 1991 was constitutional, the 2015 amendment which provided an exception allowing the U.S. Government …
By: Claire Lieberman Introduction States enacted various guidelines in March and April to promote social distancing in an effort to combat the spread of COVID-19. By the end of April, 35 states had either completely prohibited religious gatherings or limited them to some extent. In contrast, 15 states exempted religious gatherings from stay-at-home directives, describing …
By: Rolf Lundberg, Staff Writer A. The Alternative Channel Through the First Amendment, Americans are arguably afforded greater protection of their speech than in any other western democracy. However, those protections are not boundless. Under certain circumstances the government is compelled to, and may, prohibit free speech in some public forums. In order for such …
By: Caroline Christman Freedom of Association First Amendment theories suggest that political party affiliation should not be a deciding factor when considering judicial hopefuls. The First Amendment to the U.S. Constitution, which protects free speech, also implies the freedom of association to every U.S. citizen. A bedrock principle for the protection of free speech by …
By: Kristopher L. Caudle* The First Amendment to the United States Constitution provides two fundamental guarantees for all citizens: The government shall not establish an official religion; and the government shall not infringe upon a citizen’s right to freely exercise their chosen religion. However, the Supreme Court continues to recognize areas where there is ample …
By: Morgan McNeil The University of North Carolina has been no stranger to the spotlight recently. Dr. Christine Blasey Ford, UNC alum, gained notoriety when she publicly accused then-Supreme Court candidate Brett Kavanaugh of sexual assault. And amidst the Silent Sam scandal, the Daily Tar Heel Media Group, the parent company of The Daily Tar Heel, …
By: Athina Hinson-Boyte Just Mercy In December, the film adaptation of Bryan Stevenson’s book, Just Mercy was released in theaters. It tells the true story of Walter McMillian, a young black man who was sentenced to death for a murder he did not commit. The book shows the injustices and racism of the criminal system …
As the world still reels from the COVID-19 outbreak, UNC Law (and its many student-led organizations, like First Amendment Law Review) is learning how to best react to the virus. Accordingly, our journal (and all of the effort it requires–writing, editing, staff meetings, and the like) is now operating remotely. We appreciate your patience as …
Happy Monday! Although FALR staffers are enjoying a week of Spring Break, First Amendment doesn’t stop! Here are some recent headlines: The Oklahoma House of Representatives has passed a bill that prohibits the state from contracting with any companies that boycott Israel. The law states that the Oklahoma “shall not enter into a contract with …
