Open Access. Powered by Scholars. Published by Universities.®
- Publication Year
- Publication
- Publication Type
Articles 1 - 30 of 32
Full-Text Articles in Entire DC Network
Fundamental First Amendment Principles, David L. Hudson Jr., Jacob David Glenn
Fundamental First Amendment Principles, David L. Hudson Jr., Jacob David Glenn
Northern Illinois University Law Review
First Amendment law is highly complex, even labyrinthine. But, there are fundamental principles in First Amendment law that provide a baseline for a core understanding. These ten fundamental principles are: (1) the First Amendment protects the right to criticize the government; (2) the First Amendment abhors viewpoint discrimination and often content, or subject-matter discrimination; (3) the First Amendment protects a great deal of symbolic speech or expressive conduct; (4) the First Amendment protects a great deal of offensive and even repugnant speech; (5) the First Amendment does not protect all forms of speech; (6) the First Amendment often depends upon …
Administrator Knowledge Of The First Amendment Rights In A School And How To Improve Legal Literacy Through Self-Efficacy, Stuart E. Wrzesinski
Administrator Knowledge Of The First Amendment Rights In A School And How To Improve Legal Literacy Through Self-Efficacy, Stuart E. Wrzesinski
Graduate Research Theses & Dissertations
This dissertation examines the legal literacy of school administrators and the lack of mandated training regarding school law, specific to the First Amendment. With continual changes in education school administrators can function as the change agent for schools through the lens of self-efficacy. This dissertation is organized into three bodies of work. Paper 1 is a review of literature specific to legal literacy and First Amendment rights in schools. Additional research on self-efficacy theory is presented as a potential catalyst for increasing legal literacy in schools. Paper 2 documents data based on survey questions specific to legal literacy within the …
The Doomed Constitutional Case Against Exclusive Representation, Michael M. Oswalt
The Doomed Constitutional Case Against Exclusive Representation, Michael M. Oswalt
College of Law Faculty Publications
When the Supreme Court decided Janus v. American Federation of State, County, and Municipal Employees (AFSCME) in 2018, the decision not only made it unconstitutional for public sector unions to require “fair share fees” for negotiating contracts and defending workers, it also set off a litigation landslide. Literally hundreds of cases have waded through the courts urging various theoretical extensions of Janus that—boiled down—seek to starve unions and their members of even more funding
Time, Place, And Manner Restrictions On Speech, R. George Wright
Time, Place, And Manner Restrictions On Speech, R. George Wright
Northern Illinois University Law Review
The category of time, place, and manner restrictions on speech, as supposedly distinct from absolute bans, appears to be central to free speech law. Even a modest examination of the case law, however, suggests the arbitrariness of any such distinction. Any familiar time, place, or manner restriction on speech can be reasonably re-described as an absolute ban on speech, and vice versa. Any differences in how the relevant regulations of speech should be judicially tested, whether by differing degrees of rigor or otherwise, are correspondingly arbitrary. This Article recommends abandoning any attempt to substantively distinguish between time, place, and manner …
Schools, Worship, And The First Amendment, Mark W. Cordes
Schools, Worship, And The First Amendment, Mark W. Cordes
Faculty Peer-Reviewed Publications
This five-part article examines the use of public school space for worship, arguing that the Second Circuit Court of Appeals was wrong in its First Amendment analysis related to the Free Speech Clause, the Establishment Clause, and the Free Exercise Clause in Bronx Household of Faith v. Board of Education of City of New York (Bronx Household IV) and in Bronx Household of Faith v. Board of Education of City of New York (Bronx Household V). Part I provides background to the issue of using public school space for religious worship, examining three contexts in which the U.S. Supreme Court …
The First Amendment And Religion After Hosanna-Tabor, Mark W. Cordes
The First Amendment And Religion After Hosanna-Tabor, Mark W. Cordes
Faculty Peer-Reviewed Publications
The Supreme Court’s treatment of religion under the First Amendment has shifted significantly in the past quarter century. Though the Court had focused on separation for the Establishment Clause and accommodation for the Free Exercise Clause for several years, the Court has begun to increasingly shift its focus to an emphasis on neutrality. Unlike prior years when religion was viewed as either particularly threatening or needy, the Court has begun to treat religion the same as other societal influences and values—no better and no worse. Although there have been exceptions, such as with regard to religion in public schools, a …
Watching The Watchmen: The People's Attempt To Hold On-Duty Law Enforcement Officers Accountable For Misconduct And The Illinois Law That Stands In Their Way, Robert J. Tomei Jr.
Watching The Watchmen: The People's Attempt To Hold On-Duty Law Enforcement Officers Accountable For Misconduct And The Illinois Law That Stands In Their Way, Robert J. Tomei Jr.
Northern Illinois University Law Review
In the days when police brutality and public official corruption pump through the veins of society as a fermenting virus, a critical analysis of a controversial law curtailing efforts to intensify public awareness of government official transgressions is undertaken. In the great State of Illinois, legislative amendments to the Illinois Eavesdropping Act have established a moratorium on the audio recording, without prior consent, of any judge, state's attorney or law enforcement officer while in the performance of his or her official duties, regardless of whether or not the public official(s) had any objective, justifiable or reasonable expectation of privacy when …
Opening The Broom Closet: Recognizing The Religious Rights Of Wiccans, Witches, And Other Neo-Pagans, Bradford S. Stewart
Opening The Broom Closet: Recognizing The Religious Rights Of Wiccans, Witches, And Other Neo-Pagans, Bradford S. Stewart
Northern Illinois University Law Review
Religious freedom is a core component of our nation and one of the most widely known and accepted constitutional guarantees provided by the First Amendment. No prior civilization had adopted a national policy that tolerated various religious beliefs while simultaneously refusing to endorse or promote a national religion. Considering the fundamental backdrop of religious tolerance, it might seem unimaginable that a skilled medical technician could be fired from her job, an alleged victim of sexual abuse could have her credibility undermined in a court of law, or a mother could lose custody of her child, under the color of legality, …
Speech Shouldn't Be "Free" At Funerals: An Analysis Of The Respect For America's Fallen Heroes Act, Zachary P. Augustine
Speech Shouldn't Be "Free" At Funerals: An Analysis Of The Respect For America's Fallen Heroes Act, Zachary P. Augustine
Northern Illinois University Law Review
This comment analyzes the facial constitutionality of the protest limitation provisions of the Respect for America's Fallen Heroes Act under the First Amendment's free speech clause and concludes that they are constitutional time, place, and manner restrictions. The Act is facially content-neutral because it does not define the impermissible speech by reference to its content. Further, the Act was enacted for the content-neutral purpose of furthering the government's significant interest of protecting grieving families during funeral services. The restrictions are narrowly tailored because they only restrict speech that actually interferes with, or imminently will interfere with, the funeral service and …
Religion As Speech: The Growing Role Of Free Speech Jurisprudence In Protecting Religious Liberty, Mark W. Cordes
Religion As Speech: The Growing Role Of Free Speech Jurisprudence In Protecting Religious Liberty, Mark W. Cordes
Faculty Peer-Reviewed Publications
This article explores the role of free speech jurisprudence in protecting religious liberty, both describing how that role has grown in recent years and evaluating its propriety for the twenty-first century. The article begins by briefly examine the historic role free speech doctrine has played in protecting religious liberty through the mid-1980’s, when the Rehnquist Court began. Part two will then discuss how during the Rehnquist Court free speech became perhaps the primary vehicle to protect religious liberty. Although the Rehnquist Court largely followed earlier holdings regarding religious speech, it changed the analysis in two significant ways: first, by characterizing …
Judicial Campaign Speech Restrictions In Light Of Republican Party Of Minnesota V. White, Julie Schuering Schuetz
Judicial Campaign Speech Restrictions In Light Of Republican Party Of Minnesota V. White, Julie Schuering Schuetz
Northern Illinois University Law Review
In the United States Supreme Court decision Republican Party of Minnesota v. White, a five-to-four majority struck down a judicial campaign speech restriction designed to uphold the impartiality and integrity of the judiciary and left remaining restrictions in serious doubt. This comment examines judicial campaign speech restrictions and suggests, in light of White, alternatives for states with elected judiciaries that wish to maintain the impartiality and integrity of their judiciaries. After exploring the tension between a state's compelling interest in maintaining an impartial judiciary and a judicial candidate's First Amendment rights, one possible alternative for dealing with judicial campaign speech …
Public Employers And E-Mail: A Primer For The Practitioner And The Public Professional, John F. Fatino
Public Employers And E-Mail: A Primer For The Practitioner And The Public Professional, John F. Fatino
Northern Illinois University Law Review
E-mail and related technology have created multi-faceted issues for public employers and legal practitioners. The article examines the issue of e-mail communications from the perspective of public records and public meeting requirements of several midwestern states including the impact of e-mail on public employee "privacy" in light of several recent cases concerning the monitoring of employee e-mail. Public employer liability for misconduct in cyberspace is likewise explored. Public employees' rights under the First and Fourteenth Amendment to the United States Constitution are examined as well. Finally, the article discusses the preservation of privileges and discovery/litigation issues concerning e-mail.
God, Man, And Law: Of Rights And Responsibilities, E. Thomas Ryder
God, Man, And Law: Of Rights And Responsibilities, E. Thomas Ryder
Northern Illinois University Law Review
This comment examines the evolving construction, modifications and improvements made to the "wall of separation between church and state." Initially, the comment presents an analysis of the unifying religious themes of individual responsibilities, which underlie our rights, as a reason why religion is important, even in schools. The author then reviews the historical origins and early development of the Establishment and Free Exercise Clauses, and examines modem Establishment Clause jurisprudence. The comment then examines the Cleveland, Ohio elementary school voucher program, applying current Establishment Clause jurisprudence. The conclusion then recommends embracing anew the dynamic role of religion in United States …
Politics, Religion, And The First Amendment, Mark W. Cordes
Politics, Religion, And The First Amendment, Mark W. Cordes
Faculty Peer-Reviewed Publications
This article examines some of the lesser-studied constitutional issues surrounding the religion-in-politics debate. Part I of the article examines the perceived relation of religion and politics at the nation's founding, focusing on two issues: 1) the role religion played in America's political vision at the time, and 2) the nature of church-state separation anticipated by the First Amendment. Part I does not attempt to resolve the numerous questions revolving around both of these issues, but rather simply examines the issue of religion and politics. On such a basis, this article argues that religion, though not the dominant vision, was certainly …
Wide Awake Or Half-Asleep? Revelations From Jurisprudential Tailings Found In Rosenberger V. University Of Virginia, Robert L. Waring
Wide Awake Or Half-Asleep? Revelations From Jurisprudential Tailings Found In Rosenberger V. University Of Virginia, Robert L. Waring
Northern Illinois University Law Review
The Rosenberger Court contracted the boundaries of the no funding principle of the Establishment Clause. In so doing, the Court, speaking through Justice Kennedy, ran roughshod over several important tools used in free speech analysis. Rosenberger altered the line between viewpoint and content, clouded the role of strict scrutiny and eviscerated the already weakened limited public forum concept. The article analyzes several post-Rosenberger circuit court holdings in free speech cases. In addition, it discusses the potential impact of Rosenberger - a case limited to the expenditure of student activity funds at public universities - on the future collection of mandatory …
Spinning A Tighter Web: The First Amendment And Internet Regulation, Angela E. Wu
Spinning A Tighter Web: The First Amendment And Internet Regulation, Angela E. Wu
Northern Illinois University Law Review
This article examines the First Amendment issues associated with Internet regulation, specifically the Communications Decency Act of 1996 and discusses the district court opinion in ACLU v. Reno. The author considers existing legislation in the telecommunications industry and the effect of such legislation on First Amendment rights. In additions, the author contends that the Internet is a revolutionary medium that should remain free of government intrusion. Therefore, due to the impossibility of regulating the Internet and the value that society places on the free exchange of ideas, the CDA should not be upheld by the United States Supreme Court.
The Internet In The College Community, Robert M. O'Neil
The Internet In The College Community, Robert M. O'Neil
Northern Illinois University Law Review
This article reviews several current issues at the intersection of free expression and electronic communication on the college and university campus. It presupposes the conclusion which a unanimous Supreme Court reached in late June 1997, in the Communications Decency Act Case - that speech on the internet is as fully protected by the First Amendment as is expression in more traditional and familiar media. The quandary for institutions of higher learning, sharply criticized in this article, is the belief of many regulators, on as well as off campus, that electronic or digital messages pose different risks and may therefore be …
Property And The First Amendment, Mark W. Cordes
Property And The First Amendment, Mark W. Cordes
Faculty Peer-Reviewed Publications
This article will examine the relationship of property interests to First Amendment exercise, and in particular the Supreme Court’s treatment of the ways property interests might interact with First Amendment rights. Although where appropriate it will emphasize the increased attention to property interests in recent years, the article’s primary intent is to more broadly examine the types of property-speech relationships that have arisen and how the Court has viewed property values in those various contexts. Beyond that, it will attempt to discern the more basic values reflected in the Court’s analysis and, to a limited degree, critique the Court’s treatment …
Life Without Lemon: The Status Of Establishment Clause Jurisprudence After Rosenberger V. Rector & Visitors Of The University Of Virginia, Julie Madison Angus
Life Without Lemon: The Status Of Establishment Clause Jurisprudence After Rosenberger V. Rector & Visitors Of The University Of Virginia, Julie Madison Angus
Northern Illinois University Law Review
This casenote analyzes Rosenberger v. Rector & Visitors of the University of Virginia and determines that the Court misapplied Establishment Clause precedent and erroneously rejected the three-prong Lemon test. In examining the decision, the note provides a brief historical overview of the development of the numerous tests surrounding the Establishment Clause, focusing primarily on the past fifty years. The note concludes that in failing to mention the Lemon test, Rosenberger merely adds more confusion to the already bewildering area of Establishment Clause jurisprudence.
Restoring Free Exercise Protections By Limiting Them: Preventing A Repeat Of Smith, James M. Donovan
Restoring Free Exercise Protections By Limiting Them: Preventing A Repeat Of Smith, James M. Donovan
Northern Illinois University Law Review
This article addresses the concerns involved with the recently enacted Religious Freedom Restoration Act and how this sets the stage for a revisiting of Employment Division, Department of Human Resources of Oregon v. Smith. This article suggests that full Free Exercise protections can be extended to most contexts if they are withdrawn from others. The goal is to accomplish a principled approach that does not contravene the spirit of the First Amendment. The proposed limiting principles argue collectively that full protections should be reserved for personal, central beliefs and actions about personal conduct whose accommodation does not raise Establishment issues, …
Awareness Of Meaning In Libel Law: An Interdisciplinary Communication & Law Critique, Clay Calvert
Awareness Of Meaning In Libel Law: An Interdisciplinary Communication & Law Critique, Clay Calvert
Northern Illinois University Law Review
This article critiques, from a communication and law perspective, a proposal to add another element to the already complex calculus of constitutional libel law. The element--a subjective state of mind hurdle closely akin to the actual malice standard--requires libel plaintiffs to prove that defendants were aware of the defamatory meaning conveyed by their messages at the time of publication. The article suggests that while free speech and press interests under the First Amendment may militate in favor of courts adopting this element, it: 1) conflicts with tie reality of communication processes inherent in meaning determination; 2) denigrates the pivotal roles …
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 …
Sign Regulation After Ladue: Examining The Evolving Limits Of First Amendment Protection, Mark W. Cordes
Sign Regulation After Ladue: Examining The Evolving Limits Of First Amendment Protection, Mark W. Cordes
Faculty Peer-Reviewed Publications
This article examines the law of sign and billboard regulations, with particular attention to the dual concerns noted by the U.S. Supreme Court in City of Ladue v. Gilleo of restricting "too much" speech and restricting "too little." It addresses three general issues surrounding the permissible limits of sign and billboard regulation. In particular, it examines 1) the extent to which a municipality must accommodate signs or billboards, 2) the permissible limits of content-neutral yet under-inclusive restrictions on signs and billboards, and 3) the extent to which municipalities can create content-based distinctions in sign and billboard regulation. The Article further …
Wisconsin V. Mitchell: The End Of Hate Crimes Or Just The End Of The First Amendment, Lisa M. Stozek
Wisconsin V. Mitchell: The End Of Hate Crimes Or Just The End Of The First Amendment, Lisa M. Stozek
Northern Illinois University Law Review
This note examines Wisconsin v. Mitchell, wherein the United States Supreme Court ruled that the Constitution does not forbid "hate crime statutes" which lengthen the sentence of a criminal defendant for committing a bias-motivated crime. The author identifies a long line of First Amendment cases that are arguably contradictory to the Court's holding and examines the potential impact the decision's limit on free expression may have on society and free speech. The author concludes that while the Court's goal of suppressing hate crimes was admirable, the decision treads dangerously close to criminalizing speech and thought.
Commercial Speech Suffers A First Amendment Blow In United States V. Edge Broadcasting Co., Tara Lavery
Commercial Speech Suffers A First Amendment Blow In United States V. Edge Broadcasting Co., Tara Lavery
Northern Illinois University Law Review
This note examines the United States Supreme Court decision upholding the federal anti-lottery statutory scheme as constitutional under the First Amendment. The author contends that the Court disregarded precedent which established intermediate scrutiny as the standard of review when determining the constitutionality of restrictions on commercial speech. The Court utilized a mere rationality review, by deferring to legislative policies that at one time served an important interest, but no longer substantiate a complete ban on the free flow of truthful commercial information.
When First Amendment Principles And Local Zoning Regulations Collide, Steven I. Brody
When First Amendment Principles And Local Zoning Regulations Collide, Steven I. Brody
Northern Illinois University Law Review
This article examines the conflict between municipal restrictions on adult uses and the fundamental right to freedom of speech. Mr. Brody reviews the Supreme Court tests for resolving the conflict and concludes that most zoning regulations affecting adult uses will be examined under the O'Brien/Heffron tests: (1) the ordinance must provide a sufficient factual basis to support a finding of substantial or important governmental interest; (2) the ordinance's definitions of adult uses and restrictions must be narrowly tailored to affect only those businesses which the ordinance intends to regulate; and (3) the ordinance must provide reasonable alternative channels of communication …
Rutan V. Republican Party Of Illinois And Patronage Employment Practices: Clarification Or Confusion?, David Herman
Rutan V. Republican Party Of Illinois And Patronage Employment Practices: Clarification Or Confusion?, David Herman
Northern Illinois University Law Review
This recent United States Supreme Court decision determined that hiring, rehiring after layoffs, promotions, and transfers based on political affiliation or support, were impermissible infringements on a public employees' first amendment rights. This note examines the conflicting cases prior to Rutan, the Rutan decision, and the implications the decision will have in the area of political patronage employment practices. The author concludes that Rutan clarifies the scope of the First Amendment protection given employees from patronage practices but fails to clarify who is to receive the protection and suggests that the traditional "confidential or policymaking" test be modified.
Clayton V. Place: Dancing Around The Establishment Clause -- Religion In The Public Schools, Paul T. Donahue
Clayton V. Place: Dancing Around The Establishment Clause -- Religion In The Public Schools, Paul T. Donahue
Northern Illinois University Law Review
This note examines the Eighth Circuit Court of Appeal's decision refusing to strike down a public school board rule which prohibited social dancing inside the public schools of Purdy, Missouri. The issue facing the court was how far local religious groups could go in influencing public school policy. The court of appeals reversed the ruling of the trial court which found that the prohibition on social dancing was a result of local religious pressure and thus in violation of the Establishment Clause of the Federal Constitution. The author concludes that the decision of the court of appeals ignored the power …
Of Courts, Clauses And Native American Culture: Lyng V. Northwest Indian Cemetery Protective Association, Bill Peters
Of Courts, Clauses And Native American Culture: Lyng V. Northwest Indian Cemetery Protective Association, Bill Peters
Northern Illinois University Law Review
This Casenote discusses the Supreme Court opinion in Lyng v. Northwest Indian Cemetery Protective Association, which approved road construction across land held sacred by various North American Indian tribes. The Note examines the free exercise clause of the first amendment under which the Indians challenged the Forest Service project, and that clause's development through constitutional case law as a guarantee of fundamental religious rights. This Note suggests that the Court's incremental departure from strict scrutiny analysis in free exercise controversies has, at least for Native Americans, culminated with the decision in Lyng.
Where To Pray? Religious Zoning And The First Amendment, Mark W. Cordes
Where To Pray? Religious Zoning And The First Amendment, Mark W. Cordes
Faculty Peer-Reviewed Publications
Despite emerging recognition that the normal rules do not apply when zoning affects first amendment activities, the Supreme Court has not yet definitively addressed zoning restrictions that affect the exercise of religion. As with other land uses, churches have been made subject to a variety of zoning restrictions. Concurrent with the growing municipal desire to establish and preserve residential communities has been the emergence of the modern church as a multi-purpose facility that serves a variety of functions. As a result, churches are more intense land users than their predecessors and are viewed with growing frequency as incompatible with residential …