Professor of Bar Exam Workshop
Firm, Company, or Court
Nashville School of Law
Duke University (A.B.), 1990
Vanderbilt Law School, 1994
Court Admissions (and Year)
Professional Memberships & Activities
American Bar Association
Civic Memberships & Activities
Volunteer – The Charley Foundation
Accolades & Distinctions
Graduation Speaker at NSL (Dec. 2010 and May 2014)
Keynote Addresses, “Public School Teachers First Amendment Rights,” and “Search and Seizure Issues in the Public Schools,” Teaching American History Summer Institute, Reno, Nev., 6/2014.
CLE Presentation, First Amendment Center, “Judicial Campaign Speech,” 2/2014.
Keynote Address, “The State of Student Free-Speech Rights,” Northern Nevada Council for the Social Studies Annual Conference, 1/2013.
Keynote Address, “Gathering at the Schoolhouse Gate,” University of Missouri at Kansas City Law School, 9/2012.
CLE Presentation, First Amendment Center, “Government Speech and the Establishment Clause,” 2/2012.
CLE Presentation, First Amendment Center, “Roberts Court and the First Amendment, 6/2011.
CLE Presentation, First Amendment Center, “Student Speech Rights in the Age of Social Media,” 2/2011.
CLE Presentation, First Amendment Center, “The Supreme Court and the First Amendment in 2009 Term,” 6/2010.
Chiesman Foundation Speaker at Black Hills State University, “The First Amendment: Continuing Controversies and Classic Values,” 4/2009.
Documents Decoded: Equal Protection of the Law (ABC-CLIO)(forthcoming June 2018)
Documents Decoded: Freedom of Speech (ABC-CLIO: 2017).
Teen Legal Rights (3rd ed.)(ABC-CLIO: 2015).
Handy American History Book (Visible Ink Press: 2015).
Law and the Legal System: An Introduction to Law and Legal Studies in the United States (3rd ed.)(Wolter Klower, 2012)(co-authored with Thomas Van Dervort).
The Encyclopedia of the Fourth Amendment: CQ Press, 2012 (co-editor with John R. Vile).
The First Amendment: Freedom of Speech. Thomson Reuters, 2012.
Let the Kids Speak!: A History of the Fight for Free Expression in American Schools. Beacon Press, 2011.
The Handy Presidents Answer Book. Visible Ink Press, 2011.
The Handy Law Answer Book. Visible Ink Press, 2010.
The Encyclopedia of the First Amendment. CQ Press, 2008 (one of three co-editors).
The Handy Supreme Court Answer Book. Visible Ink Press, 2008.
The Rehnquist Court: Understanding its Impact and Legacy. Praeger, 2006.
The First Amendment in Schools. ASCD, 2003. (co-authored with Charles Haynes, Sam Chaltain, John Ferguson and Oliver Thomas)
The Silencing of Student Rights. The Freedom Forum, 2003.
The Bill of Rights: The First Ten Amendments to the Constitution. Enslow Press, 2002.
The Fourteenth Amendment: Equal Protection Under the Law Enslow Press: Berkeley Heights, N.J., 2002.
Selected Law Reviews/Law Journals
Duty to Disclose Adverse Legal Authority, Feb. 1, 2018.
The Cumulative Error Doctrine. 53 Tenn. B.J. 24 (Sept. 2017).
Remembering Johnson v. Avery, 53 Tenn. B.J. 20 (April 2017).
First Amendment Right to Receive Information and Ideas Justifies Citizens’ Videotaping of the Police, 10 U. St. Thomas J.L. & Pub. Pol’y 89 (2016).
David L. Hudson, Jr. and Emily H. Harvey. DISSECTING THE HYBRID RIGHTS EXCEPTION: SHOULD IT BE EXPANDED OR REJECTED? 38 Univ. Little Rock L. Rev. 449 (2016).
Emily H. Harvey and David L. Hudson, Jr. Cop or Caretaker?: Tennessee Supreme Court Changes Course on Community Caretaking Exception, 52 Tenn. B.J. 12 (November 2016).
Shady Character: Examining the Libel-Proof Plaintiff Doctrine, 52 Tenn. B.J. 14 (July 2016).
The Tennessee Constitution’s ‘Unnecessary Rigor’ Provision, 51 Tenn. B.J. 12 (March 2015).
Black Armbands, Boobie Bracelets and the Need to Protect Student Speech, 81 UMKC L. Rev. 595 (2013)
Time for the Supreme Court to Address Off-Campus, Online Student Speech, 91 Oregon L. Rev. 621 (2012)
The Secondary Effects Doctrine: Stripping Away First Amendment Freedoms, 23 Stanford Law & Pol. Rev. 19 (2012).
Pearson v. Callahan and Qualified Immunity: Impact on First Amendment Law, 10 First Amendment Law Review 125 (2011).
Blogs and the First Amendment, 11 Nexus J. Op. 129 (2006).
Justice Brennan, Obscenity and the Secondary Effects Doctrine, 10 Nexus J. Op. 93 (2005).
Student Expression in the Age of Columbine: Securing Safety and Protecting First Amendment Rights (Freedom Forum, 2005)
Race, Ethnicity, and the American Criminal Justice System: A Resource Guide for Teachers (ABA Div. for Public Education, 2005).
Does Capital Punishment Have a Future? A Resource Guide for Teachers (ABA Div. for Public Education, 2004).
Justice Stevens, Justice Souter, and the Secondary Effects Doctrine, 35 U. West. L.A. L. Rev. 48 (2003).
David L. Hudson, Jr. and John E. Ferguson, Jr. The Courts’ Inconsistent Treatment of Bethel v. Fraser and the Curtailment of Student Rights, 36 J. Marshall L. Rev. 181 (2002).
Reflecting on the Virtual Child Porn Decision, 36 J. Marshall L. Rev. 211 (2002).
Fear of Violence in Our Schools: Is ‘Undifferentiated Fear’ in the Age of Columbine Leading to a Suppression of Student Speech? 42 Washburn L.J. 79 (2002)
Justice Clarence Thomas: The Emergence of a Commercial-Speech Protector, 35 Creighton L. Rev. 485 (2002)
Balancing Act: Public Employees and Free Speech 3 First Reports 2 (Freedom Forum, 2003).
Adult entertainment and the secondary-effects doctrine: The zoning rationale that threatens First Amendment freedoms 2 First Reports 1 (Freedom Forum, 2002).
Censorship of Student Internet Speech: The Effect of Diminishing Student Rights, Fear of the Internet and Columbine,. 2000 L.Rev. M.S.U.-D.C.L. 199 (2000).
Public Safety or Economic Burden: Competing Issues in Business Liability for Third-Party Criminal Attacks, 34 Tenn.B J. 18 (March/April 1998)
The Secondary Effects Doctrine: ‘The Evisceration of First Amendment Freedoms,” 37 Washburn L.J. 55 (1997)
Solicitation Letters: Offensive or Informative? Debate Pits Privacy and Reputational Concerns Against First Amendment Rights, 27 The Vanderbilt Lawyer 22 (1997)
“Going Undercover; The public’s feed to know should be more important,” Quill (March 1997)(with John Seigenthaler).
“Journalism and the Judiciary,” NJC Alumni, Winter 1997, at 12-15 (with John Seigenthaler).
In the Media
Fire Starters First Amendment Video Series
Peter Hermann and Mary Pat Flaherty, “Protester’s ban from D.C.ignites free-speech debate,” The Washington Post, 1/24/2013, at p. A-14.
Mark Walsh, “Symposium Revisits Landmark Student-Speech Cases,” Education Week, 10/3/2012, at p. 10.
Billy Baker, “Middleborough profanity ban touches a nerve,” The Boston Globe, 6/13/2012, p. A-1, 4.
Charles Wilson, “Student’s profane tweet stirs free-speech debate,” Associated Press, 4/3/2012.
Robert Barnes, “High Court to review Stolen Valor Act,” The Washington Post, 2/19/2012, p. A3.
Adam Liptack, “Study Challenges Supreme Court’s Image as Defender of Free Speech,” The New York Times, 1/8/2012, at p. A25.
Erica Goode, “Police Lesson: Network Tools Have 2 Edges,” The New York Times, 4/7/2011, at p. A-1.
Campbell Robertson, “A Maid Sees Herself In a Novel, and Objects,” The New York Times, 2/18/2011, at p. C-25.
John Schwartz and Dave Itzkoff, “A Filmmaker’s Quest for Journalistic Protection,” The New York Times, 5/8/2010, at p. A14.
Lizette Alvarez, “Outrage at Funeral Protests Pushes Lawmakers to Act,” The New York Times, 4/17/2006, at p. A14.
Dan Eggen and Dominic Gates, “From Jail Cell, Unabomber Finds a Forum; Essay in Newsletter Pits Prison Rules vs. First Amendment Claims,” The Washington Post, 7/27/2002, at p. A01.
Liz Sidoti, “U.S. Supreme Court to hear challenge of door-to-door soliciting,” Associated Press, 2/25/2002.
Richard Willing, “Court Dumps Grandparents Law,” USA TODAY, 6/6/2000, at p. 3A.
Sam Howe Verkovek, “Creators of Anti-Abortion Web Site Told to Pay Millions,” The New York Times, 2/3/1999, at p. A9.
Selected Magazine/Newspaper Articles
“Can anti-profanity laws and the fighting words doctrine be squared with the First Amendment,” ABA Journal, April 2018.
“Free expression of student journalists gets ABA support,” ABA Journal, March 2018.
“Legislators take aim at zero tolerance school policies,” ABA Journal, December 2017.
“Stifling Speech: Government Invokes Doctrine to Silence Speech It Doesn’t Like,” ABA Journal, September 2017.
“No Free Speech for You: Anthony Kennedy Has a Chance to Undo His Worst Free Speech Decision,” Slate.com, Aug. 4, 2017.
“Public Employees, Private Speech: 1st Amendment doesn’t always protect government workers,” ABA Journal, May 2017.
“Is Cyberbullying Free Speech?” ABA Journal, November 2016.
“How Far Can Criticism of Judges Go Under Ethics Rules,” ABA Journal, September 2016.
“A Trend Away from Silencing Speech,” The New York Times, March 8, 2013.
“Site Unseen: Schools, Bosses Barred from Eyeing Students’, Workers’ Social Media,” ABA Journal, November 2012.
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