Law Commons^™

Constitutional Law—The Public Forum In Nontraditional Areas—Lehman V. City Of Shaker Heights, 418 U.S. 298 (1974), David D. Swartling

Washington Law Review

In 1970, Harry Lehman, a candidate for election to the Ohio state legislature, attempted to purchase advertising space on local buses belonging to the city of Shaker Heights' rapid transit system. Although space was available, the advertising agent for the transit company rejected Lehman's request because its contract with the city proscribed political advertising on buses. Lehman sought a declaratory judgment and an injunction, alleging violation of the first and fourteenth amendments. The trial court denied relief, and the state supreme court affirmed. In a 5-4 decision, the United States Supreme Court affirmed. In the plurality opinion, Justice Blackmun concluded …

Constitutional Law--Commercial Speech Doctrine--A Clarification Of The Protection Afforded Under The First Amendment--Bigelow V. Virginia

BYU Law Review

No abstract provided.

Recent Cases, Robert L. Teicher, Timothy C. Maguire

Vanderbilt Law Review

In the 1930 decision of State ex rel. LaFollette v. Kohler, the Wisconsin Supreme Court rejected the earliest free speech challenge to a candidate expenditure limitation. The court held that the state's interest in protecting the integrity of its electoral process outweighed the individual's right of communicating with the public without governmental infringement." The court's identification of the communicative effect of campaign spending anticipated the United States Supreme Court's ruling in Stromberg v. California" that communicative conduct was entitled to protection from government infringement. The Court, however, hampered the effectuation of this protection by failing to define conclusively the point …

Recent Cases, Linda A. Bunsey, David M. Thompson, Charles K. Campbell, Jr., Keith B. Simmons, Thomas C. Hundley

Vanderbilt Law Review

If the instant case, rather than Northway, is to become the accepted rule in the area of discounting, consumers and state lenders will be protected while the national bank-lenders will be burdened only slightly, if at all. National banks located in states that permit state lenders to discount loans at the maximum rate, with-out regard to the actual yield, will not be affected. National banks located in states that permit state lenders to discount only to the extent that the actual yield is within the statutory maximum will need to change their practices merely by charging the statutory rate only …

The Federal Election Campaign Act Amendments Of 1974: The Constitutionality Of Limiting Political Advertising By The Non-Candidate, John P. Hollihan

Florida State University Law Review

No abstract provided.

Who Controls The Mass Media?, George L. Waas

Florida State University Law Review

By Martin H. Seiden. New York, New York: Basic Books, Inc. 1974. Pp. 246. $8.95.

Constitutional Law - First Amendment - Free Exercise Clause - Establishment Clause - Schools And School Districts, John C. Bates

Duquesne Law Review

The Supreme Court of Pennsylvania has held that inclusion of an invocation and benediction at a public high school commencement, at which attendance was voluntary, violated neither the free exercise clause nor the establishment clause of the first amendment of the United States Constitution nor that section of the Pennsylvania Constitution governing free exercise and establishment of religion.

Wiest v. Mt. Lebanon School District, 457 Pa. 166, 320 A.2d 362, cert. denied, 419 U.S. 967 (1974).

Gertz V. Robert Welch, Inc.: Constitutional Privilege And The Defamed Private Individual, 8 J. Marshall J. Prac. & Proc. 531 (1975), Daniel A. Weiler

UIC Law Review

No abstract provided.

Regulation Of Commercial Speech: Commercial Access To The Newspapers

Maryland Law Review

No abstract provided.

Public Broadcasting And The Problem Of Government Influence: Towards A Legislative Solution, Oscar G. Chase

University of Michigan Journal of Law Reform

This article will explore the problems raised by the emergence of the federal government as a television "sponsor." It will argue that fundamental structural reform is needed to promote the constitutional values at issue, that such reform will also promote the interests of local control sought by the Public Broadcasting Act of 1967, and that legislative action in furtherance of this structural solution is desirable. In this context this article will consider the proposed Public Broadcasting Financing Act of 1974 and will argue that any bill modeled on it would not eliminate the problems despite its salutary innovations. Not considered, …

Libel And Slander - A State Is Precluded From Imposing Liability Without Fault Or Presumed Or Punitive Damges In The Absence Of New York Times Malice - Gertz V. Robert Welch, Inc., Steven Michael Levin

Loyola University Chicago Law Journal

No abstract provided.

Would Macy's Tell Gimbel's: Government-Controlled Business Information And The Freedom Of Information Act, Forwards & (And) Backwards, Jo Anne Gazarek

Loyola University Chicago Law Journal

No abstract provided.