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Civil Liberty And National Security: The Implications Of The Debate For The United States Intelligence Community, Peyton Hedrick
Civil Liberty And National Security: The Implications Of The Debate For The United States Intelligence Community, Peyton Hedrick
Senior Honors Theses
For years, the US Intelligence Community has worked to maintain the thin and often wavering line between civil liberty and national security in its attempts to protect the American people while simultaneously preserving their constitutional rights. However, this line has often shifted with the course of American history, including events such as the Alien and Sedition Acts, the establishment of the Church Committee, and the publication of the NSA’s data collection program. One of the most significant of these factors was the passage and eventual amendment of the Foreign Intelligence Surveillance Act, which opened the door to later constitutional controversies. …
The One Fixed Star In Higher Education: What Standard Of Judicial Scrutiny Should Courts Apply To Compelled Curricular Speech In The Public University Classroom, Joseph J. Martins
The One Fixed Star In Higher Education: What Standard Of Judicial Scrutiny Should Courts Apply To Compelled Curricular Speech In The Public University Classroom, Joseph J. Martins
Faculty Publications and Presentations
Virtually three-quarters of a century ago, the Supreme Court in West Virginia State Board of Education v. Barnette recognized that the First Amendment protects citizens from being forced to speak. Often, new legal doctrines are announced cautiously and narrowly in anticipation of future judicial development. Not so with Barnette. The Court boldly proclaimed that the right to be free from state-compelled affirmation is so fundamental that it stands as the one “fixed star in our constitutional constellation” that cannot be moved. State assertions of power that seek to coerce citizens to affirm government-approved ideas will inevitably fail, except when narrowly …
First Amendment Enclave: Is The Public University Curriculum Immune From The Sweep Of The Compelled Speech Doctrine?, Joseph J. Martins
First Amendment Enclave: Is The Public University Curriculum Immune From The Sweep Of The Compelled Speech Doctrine?, Joseph J. Martins
Faculty Publications and Presentations
Seventy years ago, in West Virginia State Board of Education v. Barnette, the United States Supreme Court eloquently held that the state could not compel public schoolchildren to salute the flag while reciting the Pledge of Allegiance. The decision has been heralded as one of the Court’s most significant free speech cases because it acknowledged expansive protection for freedom of conscience. But recently, the United States Court of Appeals for the Eleventh Circuit held that Barnette’s protection does not extend to college students who challenge their public institution’s curriculum because university enrollment is “voluntary.” The impact of this …