Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 4 of 4

Full-Text Articles in Entire DC Network

Pledges, Parades, And Mandatory Payments, Leslie Gielow Jacobs Mar 2017

Pledges, Parades, And Mandatory Payments, Leslie Gielow Jacobs

Leslie Gielow Jacobs

This Article examines the Supreme Court's treatment of compelled expression cases. It sets forth the speech restraint framework by describing the crucial determinations guiding judicial analysis. It then explains the current results, reasoning, and incoherence of the compelled expression cases. This Article isolates and evaluates the variables that the Court claims are significant to compelled expression analysis. It then adjusts the variables according to the free speech clause values evident in speech restraint analysis to create a coherent doctrine of compelled expression. This doctrine both places past cases within a consistent framework and provides a structure for evaluating future compelled …


Newdow V. Rio Linda Union School Disctrict: Religious Coercion In Public Schools Unconstitutional Despite Voluntary Nature Of Partially Patriotic Activity, Daniel D. Blom Jun 2011

Newdow V. Rio Linda Union School Disctrict: Religious Coercion In Public Schools Unconstitutional Despite Voluntary Nature Of Partially Patriotic Activity, Daniel D. Blom

Golden Gate University Law Review

This Note examines Newdow v. Rio Linda Union School District and explains why California Education Code Section 52720 and the School District’s policy of reciting the Pledge violate the Establishment Clause. Part I discusses the background facts and procedural history of the case and the three tests that were developed by the United States Supreme Court to analyze Establishment Clause challenges. Part II examines the Ninth Circuit’s application of the three Establishment Clause tests to the facts of this case. Finally, Part III explains why the Coercion Test is the determinative test in the context of government action in public …


Pledges, Parades, And Mandatory Payments, Leslie Gielow Jacobs Jan 1999

Pledges, Parades, And Mandatory Payments, Leslie Gielow Jacobs

McGeorge School of Law Scholarly Articles

This Article examines the Supreme Court's treatment of compelled expression cases. It sets forth the speech restraint framework by describing the crucial determinations guiding judicial analysis. It then explains the current results, reasoning, and incoherence of the compelled expression cases. This Article isolates and evaluates the variables that the Court claims are significant to compelled expression analysis. It then adjusts the variables according to the free speech clause values evident in speech restraint analysis to create a coherent doctrine of compelled expression. This doctrine both places past cases within a consistent framework and provides a structure for evaluating future compelled …


Constitutional Law - Freedom Of Religion - Compulsory Flag Salute, Michigan Law Review Oct 1943

Constitutional Law - Freedom Of Religion - Compulsory Flag Salute, Michigan Law Review

Michigan Law Review

The state of West Virginia enacted an amendment to its statutes in 1941 requiring all schools to conduct courses in history and civics for the purpose of fostering "the ideals, principles and spirit of Americanism," and pursuant thereto the Board of Education adopted a resolution ordering that the flag salute and declaration of allegiance should be a regular part of the program of activities in the public schools. Expulsion from school was provided for nonconformity- and until compliance the child was considered unlawfully absent from school and the parents were liable to fine and imprisonment for causing child delinquency. Appellees …