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Constitutional Law

SMU Law Review

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Full-Text Articles in Law

The Clear And Present Dangers Of The Clear And Present Danger Test: Schenck And Abrams Revisited, Ronald J. Krotoszynski Jr. Jan 2019

The Clear And Present Dangers Of The Clear And Present Danger Test: Schenck And Abrams Revisited, Ronald J. Krotoszynski Jr.

SMU Law Review

No abstract provided.


Originalist Reflections On Constitutional Freedom Of Speech, Christopher Wolfe Jan 2019

Originalist Reflections On Constitutional Freedom Of Speech, Christopher Wolfe

SMU Law Review

In this brief Article, I would like to offer some reflections on the First Amendment freedom of speech and press guarantee from an originalist perspective. This area seems to me to be one that is particularly difficult for originalists, and I think that there is insufficient acknowledgment of that fact among them.


Saving Grace: The Role Of Religious Organizations In Disaster Recovery And The Constitutionality Of Federal Funding To Rebuild Them, Cheslea Till Jan 2018

Saving Grace: The Role Of Religious Organizations In Disaster Recovery And The Constitutionality Of Federal Funding To Rebuild Them, Cheslea Till

SMU Law Review

Natural disasters are on the rise and religious organizations, the same organizations that came to victims’ rescue in the wake of the last natural disaster, are often left in the path of destruction. Under President Trump’s administration, FEMA recently amended its disaster assistance program to provide funding for religious organizations. Opponents argue this amendment is a violation of the Establishment Clause, while proponents argue the amended plan finally gives religious organizations the fair treatment they deserve. This new aid program needs to be modified and restricted. Though there is clear precedent to support providing some Public Assistance funding to religious …