Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Touro University Jacob D. Fuchsberg Law Center (7)
- William & Mary Law School (7)
- New York Law School (4)
- University of Baltimore Law (4)
- Wayne State University (4)
-
- University of Michigan Law School (3)
- Boston University School of Law (2)
- Maurer School of Law: Indiana University (2)
- University of Miami Law School (2)
- University of Richmond (2)
- University of Washington School of Law (2)
- Cleveland State University (1)
- Columbia Law School (1)
- Georgetown University Law Center (1)
- North Carolina Central University School of Law (1)
- Notre Dame Law School (1)
- Pace University (1)
- UIC School of Law (1)
- UIdaho Law (1)
- University at Buffalo School of Law (1)
- University of Colorado Law School (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Oklahoma College of Law (1)
- Valparaiso University (1)
- Vanderbilt University Law School (1)
- Washington and Lee University School of Law (1)
- West Virginia University (1)
- Keyword
-
- First amendment (9)
- Free speech (7)
- Constitution (6)
- Freedom of speech (6)
- Freedom of Speech (5)
-
- 1990) (4)
- Federal (4)
- First Amendment (4)
- N.Y. Cont. Art. I (4)
- New York (4)
- State (4)
- U.S. Cont. Amend. I (4)
- Constitutional (3)
- Court of Appeals (3)
- Free exercise (3)
- Freedom of speech and the press (3)
- Privacy (3)
- § 8 (3)
- 1989-90 Term (2)
- Abortion (2)
- Article 78 (2)
- Campus (2)
- College (2)
- Commercial speech (2)
- Common law (2)
- Doe v. university of michigan (2)
- Due process (2)
- Fourteenth amendment (2)
- Grand jury (2)
- Harassment (2)
- Publication
-
- Touro Law Review (7)
- Law Faculty Research Publications (4)
- Faculty Scholarship (3)
- William & Mary Law Review (3)
- All Faculty Scholarship (2)
-
- Articles (2)
- Articles by Maurer Faculty (2)
- Faculty Publications (2)
- Michigan Law Review (2)
- NYLS Journal of Human Rights (2)
- Popular Media (2)
- University of Baltimore Law Review (2)
- University of Miami Law Review (2)
- University of Richmond Law Review (2)
- Washington Law Review (2)
- American Indian Law Review (1)
- Articles & Chapters (1)
- Buffalo Law Review (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Journal Articles (1)
- Law Faculty Articles and Essays (1)
- Law Faculty Publications (1)
- North Carolina Central Law Review (1)
- Publications (1)
- Scholarly Articles (1)
- Scholarship Chronologically (1)
- Student Newspapers (1)
- UIC Law Review (1)
- Vanderbilt Law Review (1)
- Publication Type
Articles 31 - 55 of 55
Full-Text Articles in Law
Limiting Disclosure Of Rape Victims' Identities, Paul Marcus, Tara L. Mcmahon
Limiting Disclosure Of Rape Victims' Identities, Paul Marcus, Tara L. Mcmahon
Faculty Publications
No abstract provided.
Halluctinations Of Neutrality In The Oregon Peyote Case, Harry F. Tepker Jr.
Halluctinations Of Neutrality In The Oregon Peyote Case, Harry F. Tepker Jr.
American Indian Law Review
No abstract provided.
Free Speech And The Mandated Disclosure Of Information, R. George Wright
Free Speech And The Mandated Disclosure Of Information, R. George Wright
University of Richmond Law Review
This essay focuses on one element of an important, unresolved question in free speech law. The broader unresolved question concerns how freedom of speech, as a legal and social institution, operates best or most efficiently. Our society has often debated how an economy, as a legal and social institution, functions best. On this analogous question, we have generally concluded that the national economy ought to manifest a mixture of at least minimally voluntary marketplace exchanges and appropriate forms of government regulation.
Notes: Constitutional Law — First Amendment Freedom Of Speech — Statute Prohibiting "Loud And Unseemly" Noises Is A Content-Neutral Regulation Of Protected Speech. Eanes V. State, 318 Md. 436, 569 A.2d 604 (4-3 Decision), Cert. Denied, 110 S. Ct. 3218 (1990), Richard E. Guida
University of Baltimore Law Review
No abstract provided.
Prohibiting The Solicitation Of Abortion—Viewpoint Discrimination And Other Free Speech Problems: Will Free Speech Guarantees Be A Casualty Of The Moral Debate On Abortion?, William J. Swift
University of Baltimore Law Review
No abstract provided.
Turmoil At The National Endowment For The Arts: Can Federally Funded Act Survive The "Mapplethorpe Controversy" ?, Maryellen Kresse
Turmoil At The National Endowment For The Arts: Can Federally Funded Act Survive The "Mapplethorpe Controversy" ?, Maryellen Kresse
Buffalo Law Review
No abstract provided.
Comment On Preliminary Report On Freedom Of Expression And Campus Harassment Codes, Terrance Sandalow
Comment On Preliminary Report On Freedom Of Expression And Campus Harassment Codes, Terrance Sandalow
Articles
Campus harassment codes pose an unprecedented problem for the AAUP, not only because the issues of academic freedom they raise are novel, but also because the academic community is itself deeply divided over those issues. Historically, the major assaults upon academic freedom have come from outside the academy--from politicians, trustees, and donors who have sought to limit inquiry and restrict the expression of unpopular views. Ideas about academic freedom have been shaped in the course of repelling these assaults and in constructing barricades that will safeguard the freedoms to teach and to learn that are at the center of the …
Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman
Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman
Touro Law Review
No abstract provided.
Abortion Rights, Eileen Kaufman
Freedom Of Speech And The Press
Racial Insults And Free Speech Within The University, J. Peter Byrne
Racial Insults And Free Speech Within The University, J. Peter Byrne
Georgetown Law Faculty Publications and Other Works
This article examines the constitutionality of university prohibitions of public expression that insults members of the academic community by directing hatred or contempt toward them on account of their race. Several thoughtful scholars have examined generally whether the government can penalize citizens for racist slurs under the first amendment, but to the limited extent that they have discussed university disciplinary codes they have assumed that the state university is merely a government instrumentality subject to the same constitutional limitations as, for example, the legislature or the police. In contrast, I argue that the university has a fundamentally different relationship to …
Does The Camel Have Its Nose In The Tent: Individual Religious Freedom V. Prayer In Public Schools, Elizabeth Brandt
Does The Camel Have Its Nose In The Tent: Individual Religious Freedom V. Prayer In Public Schools, Elizabeth Brandt
Articles
No abstract provided.
The Legal Nature Of Academic Freedom In United States Colleges And Universities, William H. Daughtrey Jr.
The Legal Nature Of Academic Freedom In United States Colleges And Universities, William H. Daughtrey Jr.
University of Richmond Law Review
The courts serve as the ultimate guardians of the free expression of ideas in colleges and universities throughout the United States. While the Constitution does not enumerate any specific right of academic freedom, the Supreme Court of the United States has employed the first and fourteenth amendments to help ensure that academic institutions can continue to be forums for the unfettered exchange of ideas. State constitutions and statutes also help de- termine the contours of academic freedom.
Engaging The Spectrum: Civic Virtue And The Protection Of Student Voice In School Sponsored Forums, 24 J. Marshall L. Rev. 339 (1991), Robert R. Verchick
Engaging The Spectrum: Civic Virtue And The Protection Of Student Voice In School Sponsored Forums, 24 J. Marshall L. Rev. 339 (1991), Robert R. Verchick
UIC Law Review
No abstract provided.
Freedom Of Speech And The Press
Content Discrimination And The First Amendment, Susan H. Williams
Content Discrimination And The First Amendment, Susan H. Williams
Articles by Maurer Faculty
No abstract provided.
To Stimulate, Provoke, Or Incite? Hate Speech And The First Amendment, Kenneth Lasson
To Stimulate, Provoke, Or Incite? Hate Speech And The First Amendment, Kenneth Lasson
All Faculty Scholarship
If protecting freedom of speech is one of mankind's noblest pursuits, then restricting it is the most difficult. Yet limit we must: even the purest civil libertarian will concede that false shouts of fire cannot be countenanced nor broadcasts of wartime troop movements; even those who object to obscenity laws recognize the need for enabling redress of libel; and even those who would protect the right to be insulting do not defend inflammatory words spit out nose-to-nose. Now a spate of "speech codes" on college campuses has once again brought the first amendment to the fore, part of a simmering …
Report Of The Subcommittee On First Amendment And Land Use, Alan C. Weinstein, Edward H. Ziegler Jr.
Report Of The Subcommittee On First Amendment And Land Use, Alan C. Weinstein, Edward H. Ziegler Jr.
Law Faculty Articles and Essays
In recent years, there has been a marked expansion in the types of uses, both commercial and nonprofit, that challenge land-use regulations on First Amendment grounds. This expansion is occurring for two reasons. First, "land use and the first amendment" is a developing area in the law. As is typical of developing areas in the law, litigants are encouraged to bring cases because the law is unsettled and they hope to create significant new rights. Second, a number of societal factors have coalesced to create a greater potential for conflict when government regulates the use of land. In part, this …
Beguiled: Free Exercise Exemptions And The Siren Song Of Liberalism, Gerard V. Bradley
Beguiled: Free Exercise Exemptions And The Siren Song Of Liberalism, Gerard V. Bradley
Journal Articles
From all the talk about our religious pluralism—how extensive, indelible, inarbitrable it is—one would expect that establishing one definition of religious liberty would be the mother of all civic disturbances. Wrong. We have a common definition of religious liberty. I can demonstrate our agreement with one exhibit: the immensely broad based denunciation of the 1990 Supreme Court decision, Employment Division v. Smith. Two counsellors at a drug rehabilitation center (Alfred Smith and Galen Black) appealed Oregon’s denial of unemployment benefits. Oregon cited the “misconduct” that led to their discharges. Their “misconduct” consisted of using the hallucinogenic drug peyote. Peyote …
Sex, Lies And Videotape: The Pornographer As Censor, Marianne Wesson
Sex, Lies And Videotape: The Pornographer As Censor, Marianne Wesson
Publications
The legal branch of the women's movement, although of one mind on some subjects, is divided on the proper approach to pornography. Some feminists oppose the imposition of any legal burdens on pornography because they fear that feminist speech will be caught in the general suppression, and others believe that any such burdens must violate the first amendment. Professor Wesson suggests that pornography should be defined to include only those materials that equate sexual pleasure with the infliction of violence or pain, and imply approval of conduct that generates the actor's arousal or satisfaction through this infliction. So defined, pornography …
Volitionalism And Religious Liberty, David C. Williams, Susan H. Williams
Volitionalism And Religious Liberty, David C. Williams, Susan H. Williams
Articles by Maurer Faculty
No abstract provided.
Justice Harlan And The Bill Of Rights: A Model For How A Classic Conservative Court Would Enforce The Bill Of Rights, Nadine Strossen
Justice Harlan And The Bill Of Rights: A Model For How A Classic Conservative Court Would Enforce The Bill Of Rights, Nadine Strossen
Articles & Chapters
No abstract provided.
The Meaning Of Dissent, Lee C. Bollinger
The Meaning Of Dissent, Lee C. Bollinger
Faculty Scholarship
There is, and has always been, an abiding tension in first amendment theory. At times, freedom of speech is conceived as having a very practical purpose – as implementing a system designed for yielding truth, or good public policy. Thus, Zechariah Chafee wrote that the first amendment protects the "social interest in the attainment of truth, so that the country may not only adopt the wisest course of action but carry it out in the wisest way," and Alexander Meiklejohn spoke frequently of the first amendment as a practical plan for a self-governing society, engendering "wise decisions." This vision of …
Structural Free Exercise, Mary Ann Glendon, Raul F. Yanes
Structural Free Exercise, Mary Ann Glendon, Raul F. Yanes
Michigan Law Review
In Part I of this article, we analyze the development of case law interpreting the religious freedom language of the First Amendment from the 1940s to the eve of the rights revolution as a casualty of the piecemeal approach to incorporation, compounded by a series of judicial lapses and oversights. Part II deals with the fate of the Religion Clause in the era of the rights revolution, when the free exercise and establishment provisions were deployed in the service of a constitutional agenda to which they were, in themselves, largely peripheral. The current period of doctrinal change is the subject …