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Constitutional Law

University of Maryland Francis King Carey School of Law

Series

First Amendment

Articles 1 - 14 of 14

Full-Text Articles in Law

American Civil Liberties Union Of North Carolina V. Tata: Manipulation Of The Government Speech Doctrine Through Specialty License Plates, Kaitlin E. Leary May 2015

American Civil Liberties Union Of North Carolina V. Tata: Manipulation Of The Government Speech Doctrine Through Specialty License Plates, Kaitlin E. Leary

Maryland Law Review Online

No abstract provided.


If An Amendment Were Adopted Declaing The United States A Christian Nation, Would It Be Constitutional? Well ... Let's Look At Turkey, Gary J. Jacobsohn Feb 2009

If An Amendment Were Adopted Declaing The United States A Christian Nation, Would It Be Constitutional? Well ... Let's Look At Turkey, Gary J. Jacobsohn

Schmooze 'tickets'

No abstract provided.


The Dueling First Amendments: Government As Funder And The Establishment Clause, Carol Nackenoff Feb 2009

The Dueling First Amendments: Government As Funder And The Establishment Clause, Carol Nackenoff

Schmooze 'tickets'

No abstract provided.


Religion And Constitutionalism: Indigenous Societies, David S. Bogen Feb 2009

Religion And Constitutionalism: Indigenous Societies, David S. Bogen

Schmooze 'tickets'

No abstract provided.


Constitutional Faith And Dynamic Stability: Thoughts On Religion, Constitutions, And Transitions To Democracy, David C. Gray Jan 2009

Constitutional Faith And Dynamic Stability: Thoughts On Religion, Constitutions, And Transitions To Democracy, David C. Gray

Faculty Scholarship

This essay, written for the 2009 Constitutional Schmooze, explores the complex role of religion as a source of both stability and instability. Drawing on a broader body of work in transitional justice, this essay argues that religion has an important role to play in the complex web of overlapping associations and oppositions constitutive of a dynamically stable society and further contends that constitutional protections which encourage a diversity of religions provide the best hope of harnessing that potential while limiting the dangers of religion evidenced in numerous cases of mass atrocity.


Foreword: Our Paradoxical Religion Clauses, Mark A. Graber Jan 2009

Foreword: Our Paradoxical Religion Clauses, Mark A. Graber

Faculty Scholarship

No abstract provided.


Not For Attribution: Government's Interest In Protecting The Integrity Of Its Own Expression, Helen L. Norton May 2004

Not For Attribution: Government's Interest In Protecting The Integrity Of Its Own Expression, Helen L. Norton

Faculty Scholarship

Public entities increasingly maintain that the First Amendment permits them to ensure that private speakers’ views are not mistakenly attributed to the government. Consider, for example, Virginia’s efforts to ban the Sons of Confederate Veterans’ display of the Confederate flag logo on state-sponsored specialty license plates. Seeking to remain neutral in the ongoing debate over whether the Confederate flag is a symbol of “hate” or “heritage,” Virginia argued that the state would be wrongly perceived as endorsing the flag if the logo appeared on a state-issued plate adorned by the identifier “VIRGINIA.” The Fourth Circuit was unpersuaded, holding that the …


You Can't Ask (Or Say) That: The First Amendment And Civil Rights Restrictions On Decisionmaker Speech, Helen L. Norton Dec 2003

You Can't Ask (Or Say) That: The First Amendment And Civil Rights Restrictions On Decisionmaker Speech, Helen L. Norton

Faculty Scholarship

Many antidiscrimination statutes limit speech by employers, landlords, lenders, and other decisionmakers in one or both of two ways: (1) by prohibiting queries soliciting information about an applicant's disability, sexual orientation, marital status, or other protected characteristic; and (2) by proscribing discriminatory advertisements or other expressions of discriminatory preference for applicants based on race, sex, age, sexual orientation, or other protected characteristics.

This Article explores how we might think about these laws for First Amendment purposes. Part I outlines the range of civil rights restrictions on decisionmaker speech, while Part II identifies the antidiscrimination and privacy concerns that drive their …


Generally Applicable Laws And The First Amendment, David S. Bogen Jan 1997

Generally Applicable Laws And The First Amendment, David S. Bogen

Faculty Scholarship

No abstract provided.


Constitutional Protection Of Freedom Of Expression In The United States As It Affects Defamation Law, Oscar S. Gray Jan 1990

Constitutional Protection Of Freedom Of Expression In The United States As It Affects Defamation Law, Oscar S. Gray

Faculty Scholarship

No abstract provided.


The Origins Of Freedom Of Speech And Press, David S. Bogen Jan 1983

The Origins Of Freedom Of Speech And Press, David S. Bogen

Faculty Scholarship

No abstract provided.


Balancing Freedom Of Speech, David S. Bogen Jan 1979

Balancing Freedom Of Speech, David S. Bogen

Faculty Scholarship

No abstract provided.


First Amendment Ancillary Doctrines, David S. Bogen Jan 1978

First Amendment Ancillary Doctrines, David S. Bogen

Faculty Scholarship

No abstract provided.


The Supreme Court's Interpretation Of The Guarantee Of Freedom Of Speech, David S. Bogen Jan 1976

The Supreme Court's Interpretation Of The Guarantee Of Freedom Of Speech, David S. Bogen

Faculty Scholarship

No abstract provided.