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The Supreme Court, The Establishment Clause, And The First Amendment., William Lorigan 1976-
The Supreme Court, The Establishment Clause, And The First Amendment., William Lorigan 1976-
Electronic Theses and Dissertations
This study examined the faiths of select Founding Fathers, the religious context of their time, and six Supreme Court decisions concerning religion, to highlight the inconsistencies found within the Supreme Court's jurisprudence covering cases concerning religion. Through an examination of the religious practices of the Founding Fathers, it became evident that their views on religion, and how religion should be observed, were as diverse as they were. An examination of the Supreme Court's jurisprudence concerning religion reflects a very confusing and inconsistent application of the First Amendment, including the Court's inability to formulate a test that can be consistently applied …
Opposing Interests: How Wikileaks Forces A Redrawing Of The Battle Lines Between The First Amendment And National Security, Brian Mitchell Perkins
Opposing Interests: How Wikileaks Forces A Redrawing Of The Battle Lines Between The First Amendment And National Security, Brian Mitchell Perkins
Electronic Theses and Dissertations
The mainstream press and the United States government have found harmony in the still relatively undefined rules regarding the balance between national security and free press. While the government tried a handful of individuals and groups under the Espionage Act in the early 20th century, the press has avoided such trials. Even during the Pentagon Papers case, the government only sought an injunction against publication, which was ultimately not supported by the Supreme Court of the United States. The 21st century presents a new set of challenges for this unwritten peace. Wikileaks may be the proverbial guinea pig in determining …
Speak, And Speak Immediately : The Risen Subpoena, The Executive Branch, And The Reporter's Privilege, Matthew Schafer
Speak, And Speak Immediately : The Risen Subpoena, The Executive Branch, And The Reporter's Privilege, Matthew Schafer
LSU Master's Theses
In 1972, Branzburg v. Hayes required the Supreme Court to consider whether the First Amendment to the United States Constitution conferred on journalists a right to quash grand jury subpoenas issued by the government. The Court held in a five-to-four opinion that it did not. Yet, in 2011, a federal district judge found that James Risen, a New York Times reporter, had a First Amendment reporter’s privilege that protected him from having to reveal his source for a book chapter about a secretive CIA operation. This judge is not alone in finding such a privilege in spite of Branzburg; indeed, …
The Corporation In The Marketplace Of Ideas: The Law And Economics Of Corporate Political Speech, Matthew W. Telleen
The Corporation In The Marketplace Of Ideas: The Law And Economics Of Corporate Political Speech, Matthew W. Telleen
Theses and Dissertations
In 2010, the Supreme Court decided Citizens United v. FEC, and raised the ire of commentators around the country. The President even criticized the ruling during the State of the Union Address. But corporate political speech has existed at various levels throughout history, and the debate is often clouded by complex balancing tests and convoluted reasoning. In this dissertation, the methodology of law and economics is utilized to analyze the value of corporate political speech to the marketplace of ideas. Chapter 1 introduces Tracing the history of Supreme Court decisions dealing with corporate political speech, variables can be isolated that …