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Constitutional Law

Fordham Law School

1977

Free speech

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Constitutional Law - Commercial Speech - Municipal Ordinance Which Prohibits The Display Of "For Sale" And "Sold" Signs On Residential Property In Order To Prevent Panic Selling Is Constitutional, Mary M. Popper Jan 1977

Constitutional Law - Commercial Speech - Municipal Ordinance Which Prohibits The Display Of "For Sale" And "Sold" Signs On Residential Property In Order To Prevent Panic Selling Is Constitutional, Mary M. Popper

Fordham Urban Law Journal

This case note examines the United States Third Circuit Court of Appeals' decision in Linmark Associates, Inc. v. Township of Willingboro, 535 F.2d 786 (3d Cir.), cert. granted, 97 S. Ct. 351 (1976), upholding the constitutionality of an ordinance prohibiting the display of "for sale" and "sold" signs on residential property. The Third Circuit held that the signs were primarily commercial speech and since neither message contained comment on social policy, political protest, or similar elements of pure speech, the governmental interests forwarded by the ordinance sufficiently outweighed any infringement on first amendment rights. The case note finds that in …


Book Review: The Law Of Obscenity, Edward J. Berbusse, S.J. Jan 1977

Book Review: The Law Of Obscenity, Edward J. Berbusse, S.J.

Fordham Urban Law Journal

Edward J. Berbusse, S.J. reviews The Law of Obscenity by Frederick F. Schauer. Schauer's book provides a historical perspective on obscenity law, tracking developments through several centuries. It begins with a look at obscenity law within the Church during the 16th and moves through civil law in England and up to the present in the United States. The book then explores the Miller v. California decision and the Supreme Court's move to a local standard, rather than national, of obscenity. In addition to the Miller case, Schauer looks at other important decisions which developed the modern body of law focusing …