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Full-Text Articles in Law
Qualified Intimacy, Celebrity, And The Case For A Newsgathering Privilege, Rodney A. Smolla
Qualified Intimacy, Celebrity, And The Case For A Newsgathering Privilege, Rodney A. Smolla
Scholarly Articles
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The Constitutionality Of Mandatory Public School Service Programs, Rodney A. Smolla
The Constitutionality Of Mandatory Public School Service Programs, Rodney A. Smolla
Scholarly Articles
Part of a special issue on amateurs in public service and their involvement in volunteering, service-learning, and community service. An analysis of the constitutionality of mandatory public school community service programs is presented. The legality of such programs is examined with reference to conditions, coercion, and the right-privilege distinction; community service as involuntary servitude; the substantive due process doctrine; conscientious objection based on religion or ideology; and organizational inclusion and exclusion. It is acknowledged that community service programs are not value-neutral, in that they obviously reflect the community's philosophical and cultural judgments regarding the mission and function of public schools. …
Political Speech—Restrictions On Ballot-Initiative Petitions, Buckley V. American Constitutional Law Foundation, Mark L. Rienzi
Political Speech—Restrictions On Ballot-Initiative Petitions, Buckley V. American Constitutional Law Foundation, Mark L. Rienzi
Scholarly Articles
The Supreme Court has repeatedly noted that ballot and election regulations raise difficult questions about the interplay between the First Amendment's heightened protection for political speech, and states' need to regulate ballots and elections to ensure fair and orderly democracy. When making the delicate judgments between protecting political speech and allowing states to regulate elections, the Court has traditionally stated precisely which test it was employing to evaluate individual restrictions. Last Term, in Buckley v. American Constitutional Law Foundation, the Court invalidated several of Colorado's restrictions on the signature-gathering process for ballot initiative petitions. In so doing, the Court failed …