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Full-Text Articles in Law
Denominations And Denominators: Applying Lucas V South Carolina Coastal Council To Resolve Rluipa "Substantial Burden On Religious Land Use" Cases, Elliott Joh
Elliott Joh
The free exercise of religion is a well-protected aspect of American life. Freedom of speech is sometimes curtailed during wartime, and the exclusionary rule prompts hostility when used in conjunction with the Fourth Amendment, but it is rare to hear anyone argue that the freedom of worship should be so abrogated. Discrimination on the basis of religion, however, is not so uncommon, and the Religious Land Use and Institutionalized Persons Act of 2000 (“RLUIPA”) was enacted to combat such discrimination by municipalities and local zoning authorities. Congress’s hope in enacting this legislation was that churches, mosques, and synagogues have a …
Privacy And Funeral Protests, Christina E. Wells
Privacy And Funeral Protests, Christina E. Wells
Christina E. Wells
This article examines the free speech implications of funeral protest statutes. Enacted in response to protests by the Westboro Baptist Church, such statutes restrict a broad array of expressive activity, including peaceful protests. This article focuses on the states’ interest underlying such statutes – protecting mourners’ right to be free of unwanted intrusions while at funeral services. While few would argue against protecting funeral services from intrusive protests, these statutes go far beyond that notion. A careful examination reveals that the statutes are designed to protect mourners from offensive rather than intrusive protests. As such, they do not conceive of …
Free Speech, World War I, And Republican Democracy: The Internal And External Holmes, Stephen M. Feldman
Free Speech, World War I, And Republican Democracy: The Internal And External Holmes, Stephen M. Feldman
Stephen M. Feldman
Justice Oliver Wendell Holmes, Jr., wrote the seminal free-expression opinions in a series of cases arising during the World War I era. Holmes wrote three majority opinions upholding convictions for expression proscribed under the Espionage Act and its amendments. Then he wrote his famous Abrams v. United States dissent, arguing that the first amendment protected the defendants’ writings. Despite the consensus about the importance of these cases, scholars have disagreed about Holmes’s votes and opinions. Did his Abrams dissent manifest a changed attitude toward the first amendment, or had Holmes always been a principled defender of free expression‘ Why did …
Demarcating The Right To Gather News: A Sequential Interpretation Of The First Amendment, Erik Ugland
Demarcating The Right To Gather News: A Sequential Interpretation Of The First Amendment, Erik Ugland
Erik Ugland
The recent spate of cases in which reporters have been subpoenaed, fined, jailed, or otherwise disciplined has laid bare the divisions among the courts over the existence and scope of the “reporter’s privilege.” The cases have also exposed the doctrinal, historical, and theoretical infirmities of the broader legal framework that governs newsgathering. Resolving these conflicts has grown more urgent with the democratization of media and the emergence of bloggers and other news providers who have challenged traditional conceptions of “journalists” and “the press.” To settle these controversies, this Article moves past the courts’ desultory analyses, focuses on core principles, and …