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Articles 1 - 23 of 23
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The Nlrb's Restrictions On The Employer's Right Of Free Speech, D. Richard Froelke
The Nlrb's Restrictions On The Employer's Right Of Free Speech, D. Richard Froelke
Akron Law Review
In fiscal year 1968 more than a half million employees cast ballots in NLRB-conducted representation elections. Over the years more than twenty-five million employees have cast ballots in NLRB-supervised elections. Consequently, it seems worthwhile to review, in the light of the First Amendment, the NLRB's attempt to regulate the conduct of elections in which employees choose whether to become organized.
The Protection Accorded Picketing By The First Amendment, Joseph J. Corso
The Protection Accorded Picketing By The First Amendment, Joseph J. Corso
Akron Law Review
In the context of labor law, the origin of the relationship between free speech and peaceful picketing is the case of Thornhill v. Alabama. The speech aspects of picketing and the necessarily accompanying First Amendment protections were stressed by the Supreme Court in holding unconstitutional a state statute which constituted a broad ban on all picketing. The Court expressly limited the holding by recognizing that a narrowly worded statute, such as one merely interdicting picketing en masse or picketing portending imminent danger may be valid. An additional limitation of the decision is the fact that it was reached under a …
Obscenity - New First Amendment Standards; Miller V. California, Stacy E. Wolfe
Obscenity - New First Amendment Standards; Miller V. California, Stacy E. Wolfe
Akron Law Review
It has been over fifteen years since the Supreme Court embarked on its precarious course of determining the Constitutional boundaries for control of obscenity by the state and federal governments. The Court's first attempt to define the meaning of obscenity and ultimately determine the Constitutional protection afforded this expression was in Roth v. United States. What has followed can only be characterized as a series of irreconcilable conflicts and discrepancies that have left the law in this area in total confusion. Recently, the Court in Miller v. California has again attempted to provide "concrete guidelines to isolate 'hard core' pornography …
Chipping Away At The First Amendment: Newspapermen Must Disclose Sources, Michael F. Buchicchio
Chipping Away At The First Amendment: Newspapermen Must Disclose Sources, Michael F. Buchicchio
Akron Law Review
This Comment will explore the background and history of the journalistic privilege in light of case law and early constitutional argument. It will analyze the recent Supreme Court decisions denying a privilege to newsmen to conceal their sources, and attempt to explain how this privilege can best be maintained.
The "Compulsory School Attendance" Case: Wisconsin V. Yoder, Michael Buchicchio
The "Compulsory School Attendance" Case: Wisconsin V. Yoder, Michael Buchicchio
Akron Law Review
It is an important constitutional doctrine that a law generally constitutional "on its face," may be unconstitutional "as applied" in specific instances. The Amish case marks the first occasion that the Court has clearly articulated that exception in favor of a minority religious group. It would appear that compulsory education laws are-"on their face"--within a state's constitutional powers, but under the facts of this case, the First Amendment requires that the Amish be exempt.
Corporations; First Amendment Rights; State Ex Rel Grant V. Brown, Theodore David Itzkowitz
Corporations; First Amendment Rights; State Ex Rel Grant V. Brown, Theodore David Itzkowitz
Akron Law Review
IN AUGUST 9, 1972 the Relators, Greater Cincinnati Gay Society, tendered articles of incorporation for a non-profit corporation to the Secretary of State of Ohio, under provisions of the Ohio Revised Code. The Secretary of State refused to accept the incorporation papers, however, claiming that the purpose of the group, which was to promote acceptance of homosexuality as a valid life style, was contrary to public policy, since homosexuality was then a criminal act.
A Reappraisal Of The Indigent's Right Of Access To Bankruptcy Proceedings, Timothy E. Gammon
A Reappraisal Of The Indigent's Right Of Access To Bankruptcy Proceedings, Timothy E. Gammon
Akron Law Review
IN 1963, Robert F. Kennedy stated, "To a serious extent, the scales of justice in this country are weighed against the poor"' One year later, the Office of Economic Opportunity was created, which helped balance the scale in some areas by providing legal service programs2 for indigents. Nevertheless, the enormous need of legal service for indigents has not and cannot be met under present programs.' The 1964 legal service program failed to provide money for fees and court costs in judicial and administrative proceedings so petitioners who could not proceed in jorma pauperis were denied access to those proceedings. No …
Proof Of Scienter In Criminal Obscenity Prosecutions, James P. Edmiston
Proof Of Scienter In Criminal Obscenity Prosecutions, James P. Edmiston
Akron Law Review
Beginning in 1957 with the landmark case of Roth v. United States, and continuing to the present, the courts and legislatures of this country have embarked on a determined, if somewhat confused, effort to prove Milton wrong. The social demand for the enactment and strict enforcement of obscenity laws, designed to remove both the material and its purveyors from society, has placed an enormous burden on the courts, which are charged with interpreting the vagaries of this country's obscenity laws as well as balancing the need for control of obscenity with constitutional freedoms.
First Amendment; Freedom Of Speech; Obscenity; Pinkus V. United States, Cary Douglass Caesa
First Amendment; Freedom Of Speech; Obscenity; Pinkus V. United States, Cary Douglass Caesa
Akron Law Review
“In its latest attempt to define a workable standard for obscenity rulings, the United States Supreme Court has held that children may not be included in a court's instruction as to the social group to whom the material would or would not be obscene. However, the Court held that sensitive persons and deviant groups may be included without unduly lowering the threshold of a finding of obscenity. Thus, Pinkus v. United States clarified the "community" whose judgment should define obscenity.”
First Amendment; Freedom Of Speech; Commerical Speech And Advertising; Metpath, Inc. V. Imperato, Sheryl S. Kantz
First Amendment; Freedom Of Speech; Commerical Speech And Advertising; Metpath, Inc. V. Imperato, Sheryl S. Kantz
Akron Law Review
"The decision of Metpath, Inc. v. Imperato is indicative of the growing trend of the judiciary toward affording "commercial speech" the protective shield of the first amendment. As shown by Metpath, where the concern is advertising by a medical clinic, speech with commercial overtones is afforded protection where a public interest in the subject and content of the speech is demonstrated. However, the perimeters of such protection have not been defined by this or previous decisions."
First Amendment; Freedom Of The Press; Access Of News Media To County Jail; Houchins V. Kqed, Inc., Thomas W. Renwand
First Amendment; Freedom Of The Press; Access Of News Media To County Jail; Houchins V. Kqed, Inc., Thomas W. Renwand
Akron Law Review
"Although United States history is replete with struggles over the rights and prerogatives of the press, until recently these disputes rarely made their way to the nation's highest court.' In the last several years the Supreme Court has been confronted with a number of important, complex questions dealing with the role of a free press in a free society.'"
First Amendment; Freedom Of Speech; Broadcasting; Obscenity; Fcc V. Pacifica Foundation, James E. Moliterno
First Amendment; Freedom Of Speech; Broadcasting; Obscenity; Fcc V. Pacifica Foundation, James E. Moliterno
Akron Law Review
“ ‘I was thinking about the curse words and the swear words, the cuss L words and the words you can't say . . .the words you couldn't say on the public, ah, airwaves... the ones that will curve your spine [and] grow hair on your hands ....’ While this is the satiric opinion of George Carlin, the Federal Communications Commission (FCC) and a bare majority of the United States Supreme Court have embraced it as their genuine opinion.' They have decided to protect the public from the fate of hearing Carlin's social criticism regarding seven ‘dirty’ words.”
The Supreme Court And The Press: Freedom Or Privilege?, Sandra Bradley
The Supreme Court And The Press: Freedom Or Privilege?, Sandra Bradley
Akron Law Review
This comment will examine the Supreme Court's spring, 1978 decisions as they affected first amendment rights, and will assess their impact upon the press. Particular emphasis will be placed on Zurcher v. Stanford Daily as it affects first amendment, as well as fourth amendment, protections.
Unwanted Publicity, The News Media, And The Constitution: Where Privacy Rights Compete With The First Amendment, Ernest D. Giglio
Unwanted Publicity, The News Media, And The Constitution: Where Privacy Rights Compete With The First Amendment, Ernest D. Giglio
Akron Law Review
It is ironic that while recent legal history records the emergence of a constitutional right to privacy, the Supreme Court, in a line of cases from New York Times to Firestone, has restricted the common law tort of privacy. The legal issues are particularly complex and admittedly difficult to reconcile when the public disclosure tort comes in conflict with first amendment privileges. Expansion of the privacy tort need not necessarily impose an unreasonable burden on the news media, provided the Supreme Court distinguishes between defamation and privacy invasion and establishes and applies to the latter wrong its own legal principles.
First Amendment; Freedom Of The Press; Erosion Of New York Times Co. V. Sullivan; Herbert V. Lando, Edward Howlett
First Amendment; Freedom Of The Press; Erosion Of New York Times Co. V. Sullivan; Herbert V. Lando, Edward Howlett
Akron Law Review
In Herbert v. Lando the Supreme Court announced that the first amendment does not require a constitutional privilege foreclosing direct inquiry into the editorial process. While the decision may seem correct in its overturning of the absolute privilege afforded to the editorial process by the Second Circuit, nevertheless, by refusing to grant even a qualified privilege to the editorial process the Court may have upset the delicate balance between an individual's interest in his reputation and society's interest in a free flow of information recognized in New York Times Co. v. Sullivan.
Conscientious Objection And The First Amendment, Gail White Sweeney
Conscientious Objection And The First Amendment, Gail White Sweeney
Akron Law Review
This comment will examine the possible constitutional consequences of the three other probabilities. 1) that Congress will revive the previous C.O. exemption without amendment; 2) that Congress will amend the statute to narrow the exemption; and, 3) that Congress will eliminate the C.O. exemption altogether. An analysis of earlier statutes is necessary to this end.
Federal Communications Commission, Administrative Law, Cbs, Inc. V. F.C.C., Rochelle K. Seide
Federal Communications Commission, Administrative Law, Cbs, Inc. V. F.C.C., Rochelle K. Seide
Akron Law Review
The broadcast media has an obligation to permit a legally qualified candidate for federal office to purchase reasonable amounts of time on behalf of his candidacy. In so holding, the Supreme Court went beyond a mere codification of the public interest standard. Pursuant to section 312(a)(7) of the Communication Act of 1934, as amended, candidates for federal office have an affirmative right of reasonable access to the broadcast media. In addition, the Court found that the statutory right of access provided by section 312(a)(7), as defined and applied by the Federal Communications Commission (FCC), was not violative of the first …
Book Removal In Secondary Schools: A Violation Of The First Amendment? Board Of Education V. Pico, Cherlyn Pherigo
Book Removal In Secondary Schools: A Violation Of The First Amendment? Board Of Education V. Pico, Cherlyn Pherigo
Akron Law Review
In the American democratic system, it is not uncommon for small, publicly-elected bodies to control the workings of societal institutions. These bodies may be federal, state or local in realm and function, and are usually given wide discretion. But who is it that controls the actions of these bodies This question is paramount to the myriad of recent cases involving the removal of books from secondary school libraries. The body involved is the local school board - an elected unit charged with the duty of managing school affairs. In that process of management, however, local school boards are apparently not …
Richmond Newspapers And The First Amendment Right Of Access, George W. Kelly
Richmond Newspapers And The First Amendment Right Of Access, George W. Kelly
Akron Law Review
This paper argues that the Court's reasoning in Richmond provides a basis for a first amendment right to governmental information. Just as openness benefits the trial process, it further enhances the operation of government. To the extent that history justifies trial access, it also provides support for open information. As the Supreme Court has yet to decide the exact nature of the public's right of access to trials, this paper makes no effort to define precisely the extent of the right to information. It simply assumes that enough similarities exists between the two allowing a valid comparison. And it suggests …
School Board Authority And First Amendment Rights: The View After Board Of Education, Island Trees V. Pico, Joseph D. Mccann
School Board Authority And First Amendment Rights: The View After Board Of Education, Island Trees V. Pico, Joseph D. Mccann
Akron Law Review
This analysis will begin with an examination of the historical bases for the state's educational authority and the traditional limitations placed on this authority by the courts. Next, the genesis of students' rights will be reviewed along with the restrictions the growth of these rights has imposed upon school board authority. The paper will then turn to the Pico case itself - surveying the various judicial approaches taken in balancing the interests of school board authority and students' rights and scrutinizing these approaches for the proper theoretical framework for student first amendment rights analysis. Finally, the paper will examine the …
Mathew Fraser Sheds His Consititutional Rights To Freedom Of Speech At The Schoolhouse Gates, Karrie M. Kalai
Mathew Fraser Sheds His Consititutional Rights To Freedom Of Speech At The Schoolhouse Gates, Karrie M. Kalai
Akron Law Review
The Constitution does not bestow an "unbridled license giving immunity for every possible use of language." The first amendment is not the guardian of unregulated talkativeness. Accordingly, the state's power to control the conduct of children reaches beyond the scope of its authority over adults, and the well-being of children is one subject entirely within the state's constitutional power to regulate. While children clearly have some first amendment rights, these rights differ in important respects from the rights enjoyed by adults. As the Supreme Court noted, "the world of children is not strictly part of the adult realm of free …
San Francisco Art & Athletics, Inc. V. United States Olympic Committee: Usoc May Enforce Its Rights In Olympic Without Proof Of Confusion, Charles F. Hauff Jr.
San Francisco Art & Athletics, Inc. V. United States Olympic Committee: Usoc May Enforce Its Rights In Olympic Without Proof Of Confusion, Charles F. Hauff Jr.
Akron Law Review
In San Francisco Arts & Athletics, Inc. v. United States Olympic Committee, the United States Supreme Court held that the United States Olympic Committee (USOC) could enforce its statutory rights in the mark OLYMPIC without proving likelihood of customer confusion. Because this holding extended the USOC's trademark rights beyond those engendered by the Lanham Act, the Court was compelled to subject those rights to constitutional scrutiny. The Court's holding prevented San Francisco Arts & Athletics, Inc. (SFAA) from using the word OLYMPIC to promote the "Gay Olympic Games."
The SFAA decision will probably affect future analyses of trademark rights …
Minimizing Liability For Church-Related Counseling Services: Clergy Malpractice And First Amendment Religion Clauses, Constance Frisby Fain
Minimizing Liability For Church-Related Counseling Services: Clergy Malpractice And First Amendment Religion Clauses, Constance Frisby Fain
Akron Law Review
Part II of this article presents a discussion of the clergyperson’s duty of care to parishioners. Part III addresses clergy malpractice, which focuses on negligent pastoral counseling and judicial analyses of such claims. Part IV examines First Amendment defenses to clergy malpractice and other tort claims against pastors, churches and other religious organizations with emphasis on the religion clauses. Finally, Part V suggests various methods of minimizing liability for church-related counseling services.