Codifying the First Amendment: New York v. Ferber

Date

1982

Citation

Frederick Schauer, Codifying the First Amendment: <em>New York v. Ferber</em>, 1982 Supreme Court Review 285–318 (1982).

UVA Law Faculty Affiliations

Frederick Schauer

Constitutional Law and Legal History

Human Rights Program

Center for the First Amendment

More in This Category

The One Remaining Identity the Supreme Court Is Willing to Protect

Craig Konnoth

There is one group that the court does not put into an identity straitjacket—those claiming religious exemptions.

The Supreme Court Just Dealt a Major Blow to Corporate Mandates

James Nelson

Micah J. Schwartzman

Elizabeth Sepper

On Thursday, the Supreme Court subtly transformed the rights of religious workers in America. Under the guise of “clarifying” a nearly 50-year-old...

Opinion: The Supreme Court is making religion an all-purpose excuse for ignoring the law

Looking for a federal law to be declared unconstitutional? Religion may well be your best bet -- and that's true regardless of how "real" your...

Religion as Disobedience

Xiao Wang

Religion today offers plaintiffs a ready path to disobey laws without consequence. Examples of such disobedience abound. In the past few years alone...

How To Fix Section 230

Danielle K. Citron

Section 230 is finally getting the clear-eyed attention that it deserves. No longer is it naive to suggest that we revisit the law that immunizes...

Religious Freedom and Abortion

Richard C. Schragger

Micah J. Schwartzman

The demise of Roe v. Wade has raised a host of religious liberty questions that were submerged prior to the Supreme Court’s decision in Dobbs v...

The Cross, the Confederate, and the Constitution

Richard C. Schragger

Constitutional law has a great deal to say about what symbols are permitted in the public square. Somewhat baroque legal rules (sometimes created...

The Discipline of Rudy Giuliani and the Real Fraud of the 2020 Election

George M. Cohen

In Matter of Giuliani, the New York Appellate Division held that Rudy Giuliani’s knowingly false statements of fact during the period after the 2020...

The Respect for Marriage Act: Living Together Despite Our Deepest Differences

Douglas Laycock

Thomas C. Berg

Carl H. Esbeck

...

The recently enacted Respect for Marriage Act is important bipartisan legislation that will protect same-sex marriage should the Supreme Court...

The most disturbing aspect of Vanessa Bryant’s case

Danielle K. Citron

John C.P. Goldberg

Benjamin C. Zipursky

Vanessa Bryant’s recent verdict against the Los Angeles County Sheriff’s and Fire Departments represents a federal jury’s response to immoral and...

Abortion Bans Are Going to Make Stalkerware Even More Dangerous

Danielle K. Citron

“Jolie,” a middle school teacher in her 20s, had no idea how her ex knew where she would be after work. He confronted her at the supermarket, public...

On Friendship, Tolerance, and Religious Liberty

Douglas Laycock

This post was prepared for a roundtable on Wrestling with Religious Diversity, convened as part of LevinsonFest 2022—a year-long series gathering...

Privacy Injunctions

Danielle K. Citron

Violations of intimate privacy can be never ending. As long as nonconsensual pornography and deepfake sex videos remain online, privacy violations...

Letter: Free speech is a fundamental U.Va. value

Julia D. Mahoney

Paul G. Mahoney

Jason S. Johnston

...

As faculty members at the University, we are writing to object to The Cavalier Daily’s recent editorial arguing that former vice president Mike Pence...

Intimate Privacy’s Protection Enables Free Speech

Danielle K. Citron

The protection of intimate privacy isn’t at odds with free expression. At times, we prioritize one value over the other, but, more often, intimate...

This Is the Worst Time for Donald Trump to Return to Twitter

Danielle K. Citron

Hany Farid

Apparently, “Vox Populi” has spoken, and they want former President Donald Trump back on Twitter. A thin majority of 51.8 percent of 15 million poll...

Slipping from Secularism

Micah J. Schwartzman

Richard C. Schragger

Some egalitarian theories of religious freedom allow for the possibility of religious exemptions. Theories of equal value hold that when the...

Fix Section 230 and hold tech companies to account

Danielle K. Citron

In the internet’s earliest days, all we saw was its promise. The nascent technology was celebrated for its ability to connect strangers and to ease...