Mississippi College School of Law
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A Taste of Justice: 1st Amend. (15) Right to Associate & Right Not to Associate & Right Not to Speak
No full textThe First Amendment addresses Freedom of Speech, two Religion Clauses, the Press, and the Right of the People to Peaceably Assemble and Petition the Government. The express text does not mention the Right to Associate, Right Not to Associate, and Right Not to Speak. However, the Court has held that the Associational Right is an independent right included in the First amendment. This presentation takes a look at Associational Rights. This YouTube Channel is designed to provide my students supplemental instruction, as I teach them remotely. I want them to take a soak in the law and not a quick shower. This Channel is also designed to provide learning to the broader community. Learning can lead to enlightenment, and enlightenment to justice...or, at least, to a taste of justice
A Taste of Justice: 1st Amend. (21) Free Exercise Clause, and sincerely held religious beliefs
No full textThere are two religion clauses in the First Amendment: The Establishment Clause and the Free Exercise Clause. This presentation focuses on the Free Exercise Clause, including the general rule, exceptions to the general, and a discussion of the major cases. It also poses some questions for you to consider as you think about what sincerely held religious beliefs ought to be protected under the Free Exercise Clause. This YouTube Channel is designed to provide my students supplemental instruction, as I teach them remotely. I want them to take a soak in the law and not a quick shower. This Channel is also designed to provide learning to the broader community. Learning can lead to enlightenment, and enlightenment to justice...or, at least, to a taste of justice
A Taste of Justice: 1st Amend. (24) Current 1st Amend. Conflicts-Students’ Position Statements 2021
No full textWhile the First amendment is short, there are many Court cases interpreting the amendment and many continuing debates. After taking an extended take home exam on all of the course material, my remote law students: selected a current First Amendment conflict that they had a strong position about; researched their topic; and wrote their own Student Position Statements where they applied the First Amendment to current First Amendment conflicts that we are now addressing as a nation in 2021. They are also making five minute presentations about their positions and responding to questions from classmates who may disagree with their position. We cover from 5 to 7 position statements per day. For each class, I summarize the presentations in a video presentation (but I do not identify the students to protect their privacy). In our second day of presentations, the students\u27 position presentations were about student speech and balancing speech against other interests. Students took various positions including: that the First Amendment does not give schools authority to regulate off-campus student speech; that the Tinker Rule should not apply to off campus speech of students; that some school social media policies as to off campus speech, such as on sexting and cyberbullying, are permissible; that off campus student speech that encourages violence, bullying and harassment may be regulated by a school. Students also presented as related to balancing speech and other interests including: balancing free speech zones and safety on university campuses; balancing workplace policies and employers\u27 rights with a cancel culture and speech. One student proposed that as to social media speech, an approach similar to that used for broadcast media should be adopted by the courts. Applying case law to argue their own positions AND considering the positions in opposition to their own is a further path to learning for my students. Remember, learning is a path to enlightenment and enlightenment to freedom, and freedom to justice. My goal here is to offer you a taste of learning about the First Amendment and hence, at least, a taste of justice
A Taste of Justice: 1st Amend. (1) A Few Basic Speech Rules, with Professor Angela Mae Kupenda
No full textThis video provides an introduction to the speech clauses of the First Amendment. The purpose of this presentation is to offer a few basic rules to use as guides in applying the First Amendment. The three rules introduced here are: (1) First Amendment rights are not absolute; (2) Pure Conduct is not protected by the First Amendment, Pure Speech may be; and (3) Generally, government may not regulate the content of Pure Speech UNLESS...and there are several unless-es. This video is to provide my students supplemental instruction, as I teach them remotely. I want them to take a soak in the law and not a quick shower. This video is also designed to provide learning to the broader community. Learning can lead to enlightenment, and enlightenment to justice...or, at least, to a taste of justice
A Taste of Justice: 1st Amend. (8) Defamation-like & Public Disclo. Priv. Info, Unprotected Speech?
No full textIn the previous presentation, the rules as to what states may constitutionally do to protect reputations with Defamation laws, without running afoul of the First amendment, were covered. This presentation addresses injuries from Defamation-like speech or speech that publicly discloses certain private information. This presentation discusses cases involving parodies of public figures, protests at private funerals, and disclosures of the identity of sexual assault victims. Remember, generally, government may not regulate the Content of Pure Speech UNLESS government meets the most exacting level of scrutiny. However, government may regulate the Content of Pure Speech if the speech is in an UNPROTECTED category (which government generally may regulate with a low-level rational basis). The first category of unprotected speech discussed was Speech that Advocates Illegal Action. This presentation continues the discussion of “Defamation.” This YouTube Channel is designed to provide my students supplemental instruction, as I teach them remotely. I want them to take a soak in the law and not a quick shower. This Channel is also designed to provide learning to the broader community. Learning can lead to enlightenment, and enlightenment to justice...or, at least, to a taste of justice
A Taste of Justice: 1st Amend. (14) Still Twisting Round and round, Commercial/Corporate Speech
No full textThis presentation takes a look at the category of speech called commercial speech and the twists to an analysis of corporate political speech. This YouTube Channel is designed to provide my students supplemental instruction, as I teach them remotely. I want them to take a soak in the law and not a quick shower. This Channel is also designed to provide learning to the broader community. Learning can lead to enlightenment, and enlightenment to justice...or, at least, to a taste of justice
A Taste of Justice: 1st Amend. (12) “Let’s do the Twist” - Twisting round and round Fighting Words
No full textThis presentation takes another look at the unprotected category of FIGHTING WORDS. In an earlier presentation we examined the general rule as to fighting words. This presentation takes a special look at racial hate speech and how the Court\u27s rulings as to this speech takes many twists and turns. This YouTube Channel is designed to provide my students supplemental instruction, as I teach them remotely. I want them to take a soak in the law and not a quick shower. This Channel is also designed to provide learning to the broader community. Learning can lead to enlightenment, and enlightenment to justice...or, at least, to a taste of justice
A Taste of Justice: 1st Amend. (23) Current 1st Amend. Conflicts-Students’ Position Statements 2021
No full textWhile the First amendment is short, there are many Court cases interpreting the amendment and many current debates. After taking an extended take home exam on all of the course material, my remote law students: selected a current First Amendment conflict they had a strong position about; researched the topic; and, wrote their own Student Position Statements where they applied the First Amendment to current conflicts we are now addressing as a nation in 2021. They are also making five minute presentations about their positions and responding to questions from classmates who may disagree with their positions. We cover from 5 to 7 position statements per day. For each class, I summarize the presentations in a video presentation (but I do not identify the students to protect their privacy). In our first day of presentations, the students\u27 position presentations were about: whether speech that directly advocates for another to commit suicide should be unprotected speech; whether the Confederate flag should be banned from public areas; whether revenge porn laws should be prohibited; whether all pornographic depictions of minors should be unprotected speech; whether speech should be more heavily regulated near medical facilities that provide abortions; and, whether privacy rights should be paramount to speech rights. Applying case law to argue their own positions AND considering the positions in opposition to their own is a further path to learning for my students. Remember, learning is a path to enlightenment and enlightenment to freedom, and freedom to justice or, at least, a taste of justice