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Articles 31 - 39 of 39
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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 …
Into The Tangled Web: K-12 Educators, Free Speech Rights, And Social Media, John David Andrews
Into The Tangled Web: K-12 Educators, Free Speech Rights, And Social Media, John David Andrews
Theses and Dissertations
Much attention has recently been given to K-12 educators and their use of social media. This quantitative study surveyed a targeted sample (n = 543) of known social media users to learn about K-12 educators’ use of social media, their legal knowledge of the First Amendment as it relates to free speech and education, and their dispositions toward the First Amendment. Survey respondents self-reported levels of social media use, completed a legal knowledge section, and responded to a series of items used to gauge their disposition toward the First Amendment. These were analyzed through various demographic and contextual factors in …
Religious Freedom Or Child Abuse' Drawing The Line Between Free Excercise And Crimes Against Children In Georgia, Christina G. Bennett
Religious Freedom Or Child Abuse' Drawing The Line Between Free Excercise And Crimes Against Children In Georgia, Christina G. Bennett
Religious Studies Theses
This project examines how Georgia draws the line between religious freedom and child abuse. In Georgia, certain religious parents are granted spiritual exemptions for conduct that would otherwise be prohibited due to its potential harm to children, while other parents must alter their religious practices to conform to the law. An examination of Georgia law governing conduct that is both religiously-motivated and poses a risk of physical harm to children illustrates that Georgia’s spiritual exemptions have contributed to producing legally-defined religious orthodoxy, inconsistent regulation of religious conduct, and less stringent state protection from harm for the children of some religious …
Comparing And Contrasting The Constitutional Approaches Of Justice Scalia And Justice Breyer Through The Pending Supreme Court Case Schwarzenegger V Entertainment Merchants Association, Katherine E. Moran Ms.
Comparing And Contrasting The Constitutional Approaches Of Justice Scalia And Justice Breyer Through The Pending Supreme Court Case Schwarzenegger V Entertainment Merchants Association, Katherine E. Moran Ms.
CMC Senior Theses
The aim of this thesis is to explore the differences and similarities between Justice Antonin Scalia’s textualist approach to interpreting the Constitution and Justice Stephen Breyer’s Living Constitution approach (also called the evolutionist approach) by applying these disparate legal theories to Schwarzenegger v Entertainment Merchants Association, a case currently pending before the Supreme Court whose resolution centers on the interpretation of the First Amendment. The textualist approach relies primarily on interpreting the original meaning of the text of the Constitution, and attempting to decide cases in a way that is faithful to an amendment’s words as written (Rossum et …
Analysis Of The Application Of First Amendment Jurisprudence To University Student Fees *Policies, Christine Chairsell
Analysis Of The Application Of First Amendment Jurisprudence To University Student Fees *Policies, Christine Chairsell
UNLV Retrospective Theses & Dissertations
The allocable student activity fee represents a fee imposed by the university administration and is paid at the time that tuition is paid. The administration or the elected student government body representatives disperse these collected fees to groups that have made application for funding and have passed the review process. Sometimes students object to their mandatory activities fees being diverted to certain groups because they are either political or advocate opinions with which the students disagree. Thus, the controversy becomes a free speech challenge; The purpose of this study was to provide a historical case study about the legal controversies …
Symbolic Student Speech Since Tinker, George W Flanders
Symbolic Student Speech Since Tinker, George W Flanders
UNLV Retrospective Theses & Dissertations
When students exercise their First Amendment right of free speech, it can sometimes conflict with the obligation of public school officials to maintain a safe and orderly environment on their campuses. Three Supreme Court decisions---Tinker v. Des Moines, 393 U.S. 503 (1969), Bethel v. Fraser, 478 U.S. 675 (1986), and Hazelwood v. Kuhlmeier, 484 U.S. 260 (1988)---have addressed the most common types of student expression. Hazelwood dealt with school-sponsored printed material and Fraser established ground rules to handle public address by students. In both instances, the Supreme Court endorsed the school's authority to regulate the amount of "free speech" that …
The American Church/State Quagmire: A Major Cause And A Proposed Solution, Mary Fleming Morton
The American Church/State Quagmire: A Major Cause And A Proposed Solution, Mary Fleming Morton
UNLV Retrospective Theses & Dissertations
The primary purpose of this thesis is to clarify possible legitimate interactions between churches and government bodies in America. Finding that the present interpretation of the First Amendment has actually precipitated much of the current controversy, evidence is presented of its lack of validity. Instead an alternative interpretation is offered that clearly shows that the American colonists had come to recognize an entirely new manner in which to organize a society. This new manner of organization gave sovereignty to the individual in two major societal systems: the political and the religious. The consequence of this was the recognition that churches …
The First Amendment Series, Brooke Dickinson
The First Amendment Series, Brooke Dickinson
Honors Capstones
As a graphic designer, I consider the freedoms of the First Amendment especially important to my profession as it allows us to communicate our thoughts and feelings to the public. However, as censorship becomes more popular, society is stepping in to place restrictions on many forms of media. Certain books are banned from school libraries, talk radio shows are taken off the air, and some artists are even forbidden to show their work in public. Is freedom of expression now only allowed within limits? In this country’s current state of censorship, I believe the public should know their freedom of …