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First Amendment

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Analogies And Institutions In The First And Second Amendments: A Response To Professor Magarian, Darrell A.H. Miller Jan 2013

Analogies And Institutions In The First And Second Amendments: A Response To Professor Magarian, Darrell A.H. Miller

Faculty Scholarship

In this essay, Professor Darrell Miller responds to Professor Gregory Magarian's criticism of the manner in which judges, advocates, and scholars have used the First Amendment to frame Second Amendment interpretive questions.


Second Things First: What Free Speech Can And Can’T Say About Guns, Joseph Blocher Jan 2012

Second Things First: What Free Speech Can And Can’T Say About Guns, Joseph Blocher

Faculty Scholarship

Professor Blocher responds to Gregory Magarian’s article on the implications of the First Amendment for the Second.


A Constitutional Right Of Religious Exemption: An Historical Perspective, Philip A. Hamburger Jan 1992

A Constitutional Right Of Religious Exemption: An Historical Perspective, Philip A. Hamburger

Faculty Scholarship

Did late eighteenth-century Americans understand the Free Exercise Clause of the United States Constitution to provide individuals a right of exemption from civil laws to which they had religious objections? Claims of exemption based on the Free Exercise Clause have prompted some of the Supreme Court's most prominent free exercise decisions, and therefore this historical inquiry about a right of exemption may have implications for our constitutional jurisprudence. Even if the Court does not adopt late eighteenth-century ideas about the free exercise of religion, we may, nonetheless, find that the history of such ideas can contribute to our contemporary analysis. …


The Constitutional Rights Of Public Employees: A Comment On The Inappropriate Uses Of An Old Analogy, William W. Van Alstyne Jan 1969

The Constitutional Rights Of Public Employees: A Comment On The Inappropriate Uses Of An Old Analogy, William W. Van Alstyne

Faculty Scholarship

Beginning with Justice Douglass's assertion that the State is bound in the same ways when acting as an employer as it is when acting as a governing body, this examination delves deeper to determine how this doctrine actually limits the government when it acts as an employer. This article endorses the theory of examining these limits not in the context of if the government is allowed to enforce them in the public sphere, but if the government may mandate such limits in the private sphere