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Articles 181 - 208 of 208
Full-Text Articles in Law
Must Speech Be Special?, Frederick Schauer
The Future Of Defamation In Illinois After Colson V. Steig And Chapski V. Copley Press, Inc., Linda A. Malone, Rodney A. Smolla
The Future Of Defamation In Illinois After Colson V. Steig And Chapski V. Copley Press, Inc., Linda A. Malone, Rodney A. Smolla
Faculty Publications
No abstract provided.
A Graphic Review Of The Free Speech Clause, William W. Van Alstyne
A Graphic Review Of The Free Speech Clause, William W. Van Alstyne
Faculty Publications
No abstract provided.
Codifying The First Amendment: New York V. Ferber, Frederick Schauer
Codifying The First Amendment: New York V. Ferber, Frederick Schauer
Faculty Publications
No abstract provided.
Constitutional Law, Thomas E. Baker
Constitutional Law, Thomas E. Baker
Faculty Publications
This 1981 article discusses principles of federal constitutional law. Professor Baker notes that the constitutional decisions of the courts of appeals will continue to increase in number and importance as the burgeoning federal caseload grows. Professor Baker analyzes how the Fifth Circuit dealt with constitutional principles in the year preceding the article. The article commences with a discussion of cases dealing with justiciability issues. The justiciability issues discussed include standing, mootness, advisory opinions, political questions, ripeness, and Eleventh Amendment issues. Next, Professor Baker discusses cases construing the Commerce Clause. Next, the article discusses cases dealing with due process issues, both …
Categories And The First Amendment: A Play In Three Acts, Frederick Schauer
Categories And The First Amendment: A Play In Three Acts, Frederick Schauer
Faculty Publications
No abstract provided.
The First Amendment And The Free Press: A Comment On Some New Trends And Some Old Theories, William W. Van Alstyne
The First Amendment And The Free Press: A Comment On Some New Trends And Some Old Theories, William W. Van Alstyne
Faculty Publications
Responding to the trend of media rights being subjugated through the legal process, this article examines Justice Stewart's suggestion that the media should be treated with extra deference in First Amendment cases. This examination looks at the sufficiency of the press's claim of judicial harshness, whether the press should be treated differently than other speakers, and also compares press freedom in foreign nations.
Note, United States V. Progressive, Inc.: The Faustian Bargain And The First Amendment, Jonathan L. Entin
Note, United States V. Progressive, Inc.: The Faustian Bargain And The First Amendment, Jonathan L. Entin
Faculty Publications
Note discussing United States v. Progressive, Inc.
Response: Pornography And The First Amendment, Frederick Schauer
Response: Pornography And The First Amendment, Frederick Schauer
Faculty Publications
No abstract provided.
Private Speech And The Private Forum: Givhan V. Western Line School District, Frederick Schauer
Private Speech And The Private Forum: Givhan V. Western Line School District, Frederick Schauer
Faculty Publications
No abstract provided.
Speech And Speech - Obscenity And Obscenity: An Exercise In The Interpretation Of Constitutional Language, Frederick Schauer
Speech And Speech - Obscenity And Obscenity: An Exercise In The Interpretation Of Constitutional Language, Frederick Schauer
Faculty Publications
Commentators have criticized the Supreme Court's use of the "two-level" theory of speech to place obscenity beyond the pale of the first amendment. They charge the Court with shirking the task of balancing first amendment values and the states' interests in regulating obscene material. Professor Schauer meets this criticism by examining the meaning of the word "speech" in the context of the purposes of the first amendment and the Constitution as a whole. He concludes that "speech"does not include a category.of obscenity'that performs the function of a surrogate sexual act and is lacking in communicative content. The Court's treatment of …
Free Press-Fair Trial: Restrictive Orders After Nebraska Press, Doug R. Rendleman
Free Press-Fair Trial: Restrictive Orders After Nebraska Press, Doug R. Rendleman
Faculty Publications
No abstract provided.
Fear, Risk And The First Amendment: Unraveling The Chilling Effect, Frederick Schauer
Fear, Risk And The First Amendment: Unraveling The Chilling Effect, Frederick Schauer
Faculty Publications
No abstract provided.
The Mobius Strip Of The First Amendment: Perspectives On Red Lion, William W. Van Alstyne
The Mobius Strip Of The First Amendment: Perspectives On Red Lion, William W. Van Alstyne
Faculty Publications
No abstract provided.
Civilizing Pornography: The Case For An Exclusive Obscenity Nuisance Statute, Doug R. Rendleman
Civilizing Pornography: The Case For An Exclusive Obscenity Nuisance Statute, Doug R. Rendleman
Faculty Publications
Criminal penalties are increasingly perceived to be too severe for regulating obscenity. Professor Rendleman shares this perception and suggests that we replace criminal obscenity laws with an exclusive civil sanction utilizing injunctions. He proposes a comprehensive nuisance statute and discusses the various issues that arise in the equitable regulation of pornography.
Tenure Rights In Contractual And Constitutional Context, Ronald C. Brown
Tenure Rights In Contractual And Constitutional Context, Ronald C. Brown
Faculty Publications
No abstract provided.
The Hazards To The Press Of Claiming A “Preferred Position”, William W. Van Alstyne
The Hazards To The Press Of Claiming A “Preferred Position”, William W. Van Alstyne
Faculty Publications
No abstract provided.
Cracks In “The New Property”: Adjudicative Due Process In The Administrative State, William W. Van Alstyne
Cracks In “The New Property”: Adjudicative Due Process In The Administrative State, William W. Van Alstyne
Faculty Publications
No abstract provided.
The Future Of Cable Communications And The Fairness Doctrine, Tom A. Collins
The Future Of Cable Communications And The Fairness Doctrine, Tom A. Collins
Faculty Publications
No abstract provided.
The Forum Of Conscience: Applying Standards Under The Free Exercise Clause, Paul Marcus
The Forum Of Conscience: Applying Standards Under The Free Exercise Clause, Paul Marcus
Faculty Publications
The 1973 Supreme Court decision in Wisconsin v. Yoder reenforced and amplified the Court's earlier holding in Sherbert v. Verner that the free exercise clause of the first amendment requires the state to render substantial deference to religiously motivated behavior in the application of its laws and regulatory schemes. In this article, Mr. Marcus traces the evolving standards of free exercise doctrine and observes that the "balancing test" which has resulted from that evolution requires still further refinement to give religious freedom its full constitutional due. The author then illustrates how the new standards of free exercise might be applied …
The Specific Theory Of Academic Freedom And The General Issue Of Civil Liberty, William W. Van Alstyne
The Specific Theory Of Academic Freedom And The General Issue Of Civil Liberty, William W. Van Alstyne
Faculty Publications
Academic freedom has been blurred in law and in popular usage. Its clarification should enable the Supreme Court to grant it explicit protection under the Constitution as an identifiable subset of First Amendment freedoms. Its identification with the professional endeavors of faculty members, moreover, should reduce the tendency of institutions to intrude upon the aprofessional personal liberties of the faculty even while adequately protecting the extramural professional pursuits of the faculty and assuring them of equal protection in their interests as private citizens. Adjustments of standards by the American Association of University Professors, more definitely distinguishing the special accountability of …
The Constitutional Rights Of Public Employees: A Comment On The Inappropriate Uses Of An Old Analogy, William W. Van Alstyne
The Constitutional Rights Of Public Employees: A Comment On The Inappropriate Uses Of An Old Analogy, William W. Van Alstyne
Faculty Publications
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.
The Demise Of The Right-Privilege Distinction In Constitutional Law, William W. Van Alstyne
The Demise Of The Right-Privilege Distinction In Constitutional Law, William W. Van Alstyne
Faculty Publications
The right-privilege distinction, as it appeared in an early statement by Justice Holmes, has long hampered individuals within the public sector in protecting themselves against arbitrary governmental action. In this article Professor Van Alstyne reviews the uses and misuses to which the "privilege" concept has been put and then examines those doctrines whose flanking attacks have gradually eroded its efficacy. But none of these doctrines comes to grips with Holmes' basic idea of a "privilege" to which substantive due process is inapplicable. Applying Holmes' own jurisprudence, the author argues that the concept of "privilege" is today no longer viable, and …
The First Amendment And The Suppression Of Warmongering Propaganda In The United States: Comments And Footnotes, William W. Van Alstyne
The First Amendment And The Suppression Of Warmongering Propaganda In The United States: Comments And Footnotes, William W. Van Alstyne
Faculty Publications
In an attempt to determine how the First Amendment may protect speakers’ rights to make inflammatory statements calling for violence against a sovereign, this article breaks down this larger question into three categories based on the speaker: the government, foreigners abroad, or American citizens.
Constitutional Separation Of Church And State: The Quest For A Coherent Position, William W. Van Alstyne
Constitutional Separation Of Church And State: The Quest For A Coherent Position, William W. Van Alstyne
Faculty Publications
No abstract provided.
My Native Grounds, Royal W. France, Jack C. Lane
My Native Grounds, Royal W. France, Jack C. Lane
Faculty Publications
In 1957, near the end of his life, Royal France, a Rollins College economics professor for over twenty years, published My Native Grounds, a memoir that chronicles his life of service and commitment in the first half of the twentieth century. His story, which provides insights and perspectives on American life during the first half of the twentieth century that only an active participant could furnish, will appeal to scholars of both Florida and national histories, particularly those interested in American civil liberties history. This exceptionally well written, readable memoir will appeal as well to the general reader who has …
Commentary On Press Photographers And The Courtroom, William F. Swindler
Commentary On Press Photographers And The Courtroom, William F. Swindler
Faculty Publications
No abstract provided.
Book Review Of The Book Of Libel; Dangerous Words, William F. Swindler
Book Review Of The Book Of Libel; Dangerous Words, William F. Swindler
Faculty Publications
No abstract provided.