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Constitutional Law

Cleveland State University

Series

First Amendment

Articles 1 - 4 of 4

Full-Text Articles in Law

Brief Of Amicus Curiae Professors Elizabeth A. Clark, Robert F. Cochran, Jr., Carl H. Esbeck, David F. Forte, Richard W. Garnett, Christopher C. Lund, Michael W. Mcconnell, Michael P. Moreland, Robert J. Pushaw, And David A., Skeel, Supporting Petitioners, David Forte, Elizabeth A. Clark, Robert F. Cochran Jr., Carl H. Esbeck, Richard W. Garnett, Christopher C. Lund, Michael W. Mcconnell, Michael P. Moreland, Robert J. Pushaw, David A. Skeel Apr 2021

Brief Of Amicus Curiae Professors Elizabeth A. Clark, Robert F. Cochran, Jr., Carl H. Esbeck, David F. Forte, Richard W. Garnett, Christopher C. Lund, Michael W. Mcconnell, Michael P. Moreland, Robert J. Pushaw, And David A., Skeel, Supporting Petitioners, David Forte, Elizabeth A. Clark, Robert F. Cochran Jr., Carl H. Esbeck, Richard W. Garnett, Christopher C. Lund, Michael W. Mcconnell, Michael P. Moreland, Robert J. Pushaw, David A. Skeel

Law Faculty Briefs and Court Documents

The case concerns the "church autonomy doctrine" based on the Free Exercise Clause of the First Amendment, which declares that courts may not inquire into matters of church government or into disputes of faith and doctrine. Will McRaney was fired from a leadership position in the Southern Baptist Convention because of a conflict over policies relating to the expansion of the Baptist faith. He sued the Southern Baptist Convention in tort.

The district court dismissed the suit on the grounds of the church autonomy doctrine. The Fifth Circuit reversed the district court's dismissal as "premature," asserting that there were possible …


School Board Control Over Education And A Teacher's Right To Privacy, Ralph Mawdsley Jan 2004

School Board Control Over Education And A Teacher's Right To Privacy, Ralph Mawdsley

Law Faculty Articles and Essays

Privacy as a protected right for employees in the United States is grounded in several constitutional provisions. Most generally, the notion of privacy is associated with confidentiality of information , which is protected under both the Liberty Clause of the Constitution's Fourteenth Amendment and the Fourth Amendment's protection from unreasonable searches and seizures. However, an expanded understanding of privacy can find protection under the concepts of the right of association protected under the Liberty Clause and the First Amendment, expression of ideas under the Free Speech Clause of the First Amendment, and practice of one's religious beliefs under the Free …


Counter-Demonstration As Protected Speech: Finding The Right To Confrontation In Existing First Amendment Law, Kevin F. O'Neill, R. Vasvari Jan 1995

Counter-Demonstration As Protected Speech: Finding The Right To Confrontation In Existing First Amendment Law, Kevin F. O'Neill, R. Vasvari

Law Faculty Articles and Essays

Accordingly, this Article is aimed at disentangling lines of precedent that are all too frequently entwined by urging an analysis of public protest cases that distinguishes among the four regulatory players. Thus, this Article devotes separate sections to the regulatory roles of legislators,16 administrators,17 judges,18 and police,19 with an introductory section on the doctrinal bedrock in this field: the public forum doctrine.20


Book Review, Stephen W. Gard Jan 1980

Book Review, Stephen W. Gard

Law Faculty Articles and Essays

The author reviews Justice Hugo Black and the First Amendment, edited by Everette E. Dennis, Donald M. Gillmor and David L. Grey.