First Amendment
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Fourth Circuit Affirms Summary Judgment on the Basis of Qualified Immunity
By Malorie Letcavage Overview In a published opinion of a civil case issued on April 28, 2015, the Fourth Circuit… Read More
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Fourth Circuit Reverses District Court’s Dismissal of Free Exercise Claims
By Cate Berenato On July 9, 2015, in the civil, published case Jehovah v. Clarke, the Fourth Circuit reversed the… Read More
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A Failure of Proof Showing Narrowly Tailored Restrictions on Speech Spells Doom for “No Panhandling” Ordinance
By Chad M. Zimlich Today, in the civil case Reynolds v. Middleton, a published opinion, the Fourth Circuit vacated and… Read More
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Size Restrictions Are Not Speech Restrictions
By Chad M. Zimlich In a decision handed down on Tuesday, the Fourth Circuit was confronted with the case of… Read More
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PETA Protestor Loses on Appeal Against Baltimore for Alleged Facial Violation of 1st Amendment
By Alina Buccella In March of 2008 and 2009, the plaintiff, Aaron Ross, participated in a PETA protest of the… Read More
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Beer v. The First Amendment: The Troubling Implications of the Fourth Circuit’s Decision in Swecker
2 Wake Forest L. Rev. Online 19 Robert Samuel American universities are known both for their students’ enthusiasm for alcohol… Read More
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For Schools, Bullying Can Raise a Complex Constitutional Problem
2 Wake Forest L. Rev. Online 16 Francisco M. Negrón, Jr. Ask anyone to talk about bullying and schools and… Read More
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A Unique Religious Exemption From Antidiscrimination Laws in the Case of Gays? Putting the Call for Exemptions for Those Who Discriminate Against Married or Marrying Gays in Context
By: Michael Kent Curtis* Introduction A. The Issue Faced with gay marriage in a few states, the Becket Fund for… Read More
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Reading over Your Shoulder: Social Readers and Privacy Law
2 Wake Forest L. Rev. Online 1 Margot Kaminski My friends, who are generally well educated and intelligent, read a… Read More
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Desecration: Is It Protected Speech?
By: David Crump* A prankster sets up a projector and shines images of swastikas onto the side of a synagogue… Read More
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Comment: Barbie Can Get A Tattoo, Why Can’t I?: First Amendment Protection of Tattooing In a Barbie World
By: Matthew Alan Cherep* Introduction Nearly one in four American adults under the age of fifty has a tattoo.[1] Modern… Read More
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How Public Schools Can Constitutionally Halt Cyberbullying: A Model Cyberbullying Policy that Considers First Amendment, Due Process, and Fourth Amendment Challenges
By: Naomi Harlin Goodno* Introduction Schoolyard bullying has been around for generations, but recently it has taken on a new,… Read More