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Full-Text Articles in Law
The Public Broadcasting Act: The Licensee Editorializing Ban And The First Amendment, John C. Grabow
The Public Broadcasting Act: The Licensee Editorializing Ban And The First Amendment, John C. Grabow
University of Michigan Journal of Law Reform
This article contends that the public is deprived of an important source of information on public affairs issues as a result of the section 399(a) prohibition on editorializing. After an examination of the legislative history of Section 399(a), and the heritage of broadcast regulation in the United States, the article concludes that the prohibition on editorializing is an improper restriction on free expression in violation of the First Amendment.
Political Candidates' Loyalty Oaths, Jeffrey F. Liss
Political Candidates' Loyalty Oaths, Jeffrey F. Liss
University of Michigan Journal of Law Reform
When Washington mustered his revolutionary army, when South Carolinians called for secession, and when Senator Joseph P. McCarthy kindled fears of Communist infiltration, many people affirmed their loyalty to the nation by swearing oaths. Perhaps the oath givers hoped to subdue the anxieties of those anxious times by reducing the ambiguities in the behavior and beliefs of others. Candidates for political office have not escaped suspicion; eight states still require political candidates to swear oaths of loyalty before their names can appear on the ballot. But constitutional doctrine and changing times have diminished the loyalty oath's scope and significance. This …
Campus Pamphleteering: The Emerging Constitutional Standards, Morton M. Rosenfeld
Campus Pamphleteering: The Emerging Constitutional Standards, Morton M. Rosenfeld
University of Michigan Journal of Law Reform
Beginning with Lovell v. City of Griffin, the Supreme Court has consistently held the distribution of handbills to be a fundamental right under the first amendment. Since Lovell, the Court has liberally construed the concept of a public forum where first amendment rights can be properly exercised. More recently, the Court has held that schools cannot arbitrarily or absolutely regulate students' constitutional rights of expression. These three principles would suggest great protection for handbilling rights on state university campuses. A further analysis of case law indicates that broad free speech standards governing such rights exist and that the …