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Full-Text Articles in Law
Expressive Merchandise And The First Amendment In Public Fora, Genevieve Blake
Expressive Merchandise And The First Amendment In Public Fora, Genevieve Blake
Fordham Urban Law Journal
Courts have struggled to strike a balance between the interests of individuals and cities with the application of intermediate scrutiny to content-neutral time, place, and manner restrictions, and several variations have emerged. This Comment will examine the breadth of those approaches as they affect the determination of what expression triggers First Amendment protection. Ultimately, the Note will argue for a re-thinking of how courts evaluate the scope of First AMendment protection and municipal regulation of expressive activity.
The First Amendment, The Right Not To Speak And The Problem Of Government Access Statutes, Anna M. Taruschio
The First Amendment, The Right Not To Speak And The Problem Of Government Access Statutes, Anna M. Taruschio
Fordham Urban Law Journal
The dual principles of promoting the marketplace of ideas and protecting individual autonomy lie at the core of the First Amendment. When the government assumes an affirmative role by opening opportunities for public speech, it places individuals' negative liberties, such as the right not to speak, at risk. This conflict cannot be avoided by analyzing compelled speech outside of the First Amendment; the autonomy promised by the Bill of Rights and repeatedly affirmed by Supreme Court jurisprudence protects the right not to speak. Scholars, jurists, and practitioners therefore should pay close attention to the right not to speak when the …
Note: A Procedural Approach To Limited Public Forum Cases, Lee Rudy
Note: A Procedural Approach To Limited Public Forum Cases, Lee Rudy
Fordham Urban Law Journal
This Note argues that the Supreme Court, beginning with Perry, has defined the limited public forum in a manner that offends the underlying policies of the First Amendment.9 Part II of this Note explains the significance of the limited public forum doctrine within First Amendment jurisprudence. Part III provides an historical overview of limited public forum cases, demonstrating that Perry relaxed limited public forum analysis by making it easier for government selectively to restrict access to public property, and that subsequent cases have had to struggle to apply Perry. Part IV criticizes Perry's reformulation of the limited public forum as …
Accomodation Of Reputational Interests And Free Press: A Call For A Strict Interpretation Of Gertz, Tom Wall
Accomodation Of Reputational Interests And Free Press: A Call For A Strict Interpretation Of Gertz, Tom Wall
Fordham Urban Law Journal
New York Times Co. v. Sullivan provides that states may award damages in defamation actions brought by public officials against media critics of their official conduct only if the plaintiff proves that the defendant acted with "actual malice." Subsequently, the Supreme Court extended this rule to public figures and promulgated standards for identifying public figures. The Court declared unconstitutional the common law standard of strict liability in actions brought by private individuals. Establishing negligence as a constitutional minimum, the Court delegated to the states the responsibility for formulating the proper standard of fault in actions brought by private individuals. This …
Constitutional Law - Commercial Speech - Municipal Ordinance Which Prohibits The Display Of "For Sale" And "Sold" Signs On Residential Property In Order To Prevent Panic Selling Is Constitutional, Mary M. Popper
Fordham Urban Law Journal
This case note examines the United States Third Circuit Court of Appeals' decision in Linmark Associates, Inc. v. Township of Willingboro, 535 F.2d 786 (3d Cir.), cert. granted, 97 S. Ct. 351 (1976), upholding the constitutionality of an ordinance prohibiting the display of "for sale" and "sold" signs on residential property. The Third Circuit held that the signs were primarily commercial speech and since neither message contained comment on social policy, political protest, or similar elements of pure speech, the governmental interests forwarded by the ordinance sufficiently outweighed any infringement on first amendment rights. The case note finds that in …
Placement Of Children In Religiously Affiliated Foster Care Held Not Violative Of Establishment Clause Where State Acts In Loco Parentis To Meet Free Excercise Rights Of Children. Wilder V. Sugarman, 385 F. Supp. 1013 (S.D.N.Y. 1974) (Per Curiam)., Richard F. Nacchio
Fordham Urban Law Journal
The New York State Constitution provides for the assignment of foster children to "an institution or agency governed by persons, or in the custody of a person, of the same religious persuasion as the child." It likewise empowers the state to reimburse foster care institutions for the expense of caring for the children. Plaintiffs, six children for whom guardians were appointed, sought a declaratory judgment that provisions of the New York State Constitution and statutes implementing these constitutional provisions violate the first, eighth, and fourteenth amendments of the United States Constitution. Defendants were public agencies and officials responsible for the …
Television And Radio Commentators' Freedom Of Speech Not Infringed By Dues Requirement Of Union Shop Agreement. Buckley V. American Federation Of Television And Radio Artists, 496 F.2d 305 (2d Cir.), Cert. Denied, 95 S. Ct. 688 (1974)., Edwin M. Ceccarelli
Fordham Urban Law Journal
Plaintiffs, prominent television and radio commentators, were compelled to pay union dues and join the American Federation of Television and Radio Artists (AFTRA) as a condition precedent to their public broadcasts. Plaintiffs sought declaratory and injunctive relief, alleging that this union shop requirement had a "chilling effect" upon the exercise of free speech and thus violated the first amendment. The United States District Court for the Southern District of New York ruled in plaintiffs' favor and declared that any provisions requiring plaintiffs to become members of AFTRA, pay dues, and comply with any regulations incident thereto were void and of …