Constitutional

Response to: William Baude, Is Originalism Our Law?, 115 Colum. L. Rev. 2349 (2015).

Response to: Jessica Bulman-Pozen & David E. Pozen, Uncivil Obedience, 115 Colum. L. Rev. 809 (2015)

Response to: Jon D. Michaels, An Enduring, Evolving Separation of Powers, 115 Colum. L. Rev. 515 (2015).

In Reed v. Town of Gilbert the Supreme Court rearticulated the standard for when regulation of speech is content based. This determination has already had a large impact on cases involving panhandling regulations and is likely to result in the invalidation of the majority of this nation’s panhandling laws.

This Note will begin with a discussion of First Amendment doctrine and how panhandling is protected speech. This Note will...

FREE SPEECH AND DEMOCRACY IN THE VIDEO AGE

Justin Marceau* & Alan K. Chen**

This Article examines constitutional theory and doctrine as applied to emerging government regulation of video image capture across a spec­trum of regulatory regimes. It proposes a framework that promotes free speech to the fullest extent without presenting unnecessary intrusions into legitimate property or privacy interests. The Article first argues that video recording is a form of expression or at the very least, is conduct that serves as a...