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Articles 1 - 5 of 5
Full-Text Articles in Law
Avoidance Of Constitutional Issues In The United States Supreme Court: Liberties Of The First Amendment, Burton C. Bernard
Avoidance Of Constitutional Issues In The United States Supreme Court: Liberties Of The First Amendment, Burton C. Bernard
Michigan Law Review
The frequently criticized reluctance of the Supreme Court to consider complaints of unconstitutional governmental action is manifested in the utilization by the Court of various rules of avoidance of constitutional issues. Uncompromising defense of this self-restraint would not be easy to reconcile with the Court's pronounced sensitivity, in modem times, to the liberties of the First Amendment. This article will examine the considerations underlying the traditional restraint, and will suggest that the Court should modify several of its rules of avoidance, at least when liberties of the First Amendment are threatened.
Constitutional Law - Municipal Control Of Public Streets And Parks As Affecting Freedom Of Speech And Assembly, Lenamyra Saulson
Constitutional Law - Municipal Control Of Public Streets And Parks As Affecting Freedom Of Speech And Assembly, Lenamyra Saulson
Michigan Law Review
It is the purpose of this comment to explore only one small part of the problem: the flight for freedom of speech and assembly as opposed by the municipality's police power to control its streets and parks. Three decisions handed down by the Supreme Court on January 15, 1951, will form the basis for an appraisal of the Supreme Court's present position in this area. However, the full import of these cases cannot be realized without first considering the history of the struggle and how the Court has dealt with it.
Constitutional Law-Due Process Of Law-Thornhill Reexamined, Rex Eames S.Ed.
Constitutional Law-Due Process Of Law-Thornhill Reexamined, Rex Eames S.Ed.
Michigan Law Review
In the spring of 1940, the Isle of Thornhill emerged from the watery depths and assumed a position in the Sea of American Constitutional Law. The discoverors of this Isle indicated their success was largely due to certain revelations made known three years· before by another highly distinguished explorer. The pronouncement in 1940 of the Isle's existence excited great furor and debate among the professional geographers as to its substance and future utility. In the early days of its discovery, Thornhill's area and coastline were not precisely or clearly charted, and only through several subsequent voyages have these important …
Constitutional Law-Freedom Of Speech, Alan C. Boyd S. Ed.
Constitutional Law-Freedom Of Speech, Alan C. Boyd S. Ed.
Michigan Law Review
Defendant addressed a crowd of people, white and Negro, on a public sidewalk for the purpose of urging them to attend a certain meeting. During the course of his speech he "'called Mayor Costello [of Syracuse] a champaign [sic] sipping bum and President Truman a bum. He referred to the American Legion as Nazi Gestapo agents-he also said the fifteenth Ward was run by corrupt politicians and that horse rooms were operating.'" He also appealed to the Negroes to rise up and fight for equal rights. The police were called but at first merely observed the gathering. Angry …
Constitutional Law-Freedom Of Speech, Alan C. Boyd S. Ed.
Constitutional Law-Freedom Of Speech, Alan C. Boyd S. Ed.
Michigan Law Review
Defendant addressed a crowd of people, white and Negro, on a public sidewalk for the purpose of urging them to attend a certain meeting. During the course of his speech he "'called Mayor Costello [of Syracuse] a champaign [sic] sipping bum and President Truman a bum. He referred to the American Legion as Nazi Gestapo agents-he also said the fifteenth Ward was run by corrupt politicians and that horse rooms were operating.'" He also appealed to the Negroes to rise up and fight for equal rights. The police were called but at first merely observed the gathering. Angry …