Show Notes - First Amendment Fundamentals

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Description

Episode # 72

Today on Legalese, I have a different sort of video than usual, born out a recent request from a subscriber who asked me if I could put something together that will explore the meaning of the terms "Forums" and "Reasonable" specifically as those terms relate to first amendment jurisprudence. So that is exactly what this is.

Enjoy!

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Links

Cited Research, Studies & Articles

• Brandon L. Garrett, Constitutional Reasonableness, 102 MINN. L. REV. 61, 69–70 (2017)

• Frédéric G. Sourgens, Reason and Reasonableness: The Necessary Diversity of the Common Law, 67 ME. L. REV. 73, 74–75 (2014)

• Alan Calnan, The Nature Of Reasonableness, Cornell Law Review Online (vol 105), 81 (2020)

Related and Cited Supreme Court Case Law

• Perry Educ. Ass’n v. Perry Educators’ Ass’n, 460 U.S. 37 (1983)

• Good News Club v. Milford Central School, 533 U.S. 98 (2001)

• Minnesota Voters Alliance v. Mansky, 585 U.S. __ (2018)

• Matal v. Tam, 582 U.S. ___ (2017)

• Packingham v. North Carolina, 582 U.S. ___ (2017)

• Grayned v. City of Rockford, 408 U.S. 104 (1972)

• Ward v. Rock Against Racism, 491 U.S. 781 (1989)

• Clark v. Community for Creative Non-Violence (1984)

• United States Postal Service v. Council of Greenburgh Civic Associations (1981)

• Widmar v. Vincent, 454 U.S. 263 (1981)

• Madison Sch. Dist. v. Wisconsin Empl. Rel. Comm'n, 429 U.S. 167 (1976)

• Perry Educ. Ass'n v. Perry Educators' Ass'n, 460 U.S. 37 (1983)

• Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988)

Other Resources

• Cornell Law First Amendment

• Cornell Law Reasonable

• Cornell Law Forums

• Responding to First Amendment Audits: What is a “Forum” and Why Does it Matter?

• Legal Forums On Wikipedia

• First Amendment law in a nutshell

• Public Forum Doctrine

• First Amendment Forum Analysis in the Digital Era

• Harvard Law Review First Amendment

• The Everyday First Amendment (ABA Page)

• Annotated Constitution: Amdt1.7.7.2 Public and Nonpublic Forums

• The Non–First Amendment Law of Freedom of Speech

• Cornell Law Review: The Nature of Reasonableness

• The Nature Of Reasonableness (Article PDF)

• Point of Law: First Amendment Audits and The Law

• Speech as Conduct: Generally Applicable Laws, Illegal Courses of Conduct, Situation-Altering Utterances, and the Uncharted Zones

• Rational Basis Review at Cornell

• Intermediate Scrutiny at Cornell

• Strict Scrutiny at Cornell

• Challenging Laws: 3 Levels of Scrutiny Explained

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Past Episodes

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