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- Church and state (10)
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Articles 31 - 60 of 78
Full-Text Articles in Law
When Accommodations For Religion Violoate The Establishment Clause: Regularizing The Supreme Court's Analysis, Carl H. Esbeck
When Accommodations For Religion Violoate The Establishment Clause: Regularizing The Supreme Court's Analysis, Carl H. Esbeck
West Virginia Law Review
No abstract provided.
Responsible Freedom Under The Religion Clauses: Exemptions, Legal Pluralism, And The Common Good, Angela C. Carmella
Responsible Freedom Under The Religion Clauses: Exemptions, Legal Pluralism, And The Common Good, Angela C. Carmella
West Virginia Law Review
No abstract provided.
Why Student Religious Speech Is Speech, John E. Taylor
Why Student Religious Speech Is Speech, John E. Taylor
West Virginia Law Review
No abstract provided.
A Soldier's Blog: Balancing Service Members' Personal Rights Vs. National Security Interests, Tatum H. Lytle
A Soldier's Blog: Balancing Service Members' Personal Rights Vs. National Security Interests, Tatum H. Lytle
Federal Communications Law Journal
This Note examines the competing interests between ensuring military personnel's freedom of speech while protecting national security interests. The Author recognizes the necessity of protecting national security interests but emphasizes that military personnel's rights to free speech must be protected as long as such speech poses no threat to military security. In conclusion, clearer protections must be implemented to protect military personnel's right to free speech.
Plainly Offensive Babel: An Analytical Framework For Regulating Plainly Offensive Speech In Public Schools, Jerry C. Chiang
Plainly Offensive Babel: An Analytical Framework For Regulating Plainly Offensive Speech In Public Schools, Jerry C. Chiang
Washington Law Review
The First Amendment to the United States Constitution guarantees the right to free speech. The guarantee is not absolute, however, and the U.S. Supreme Court has said that the First Amendment does not fully protect student speech in public schools. In Bethel School District v. Fraser, the Court held that schools could regulate "plainly offensive" speech. Circuit courts have interpreted and applied Fraser in an inconsistent manner, disagreeing as to what constitutes plainly offensive speech. The resulting case law is confusing and fails to provide lower courts with a clear analytical framework for evaluating First Amendment challenges to regulations …
The Public Forum Doctrine And Public Housing Authorities: Can You Say That Here?, Martin J. Rooney
The Public Forum Doctrine And Public Housing Authorities: Can You Say That Here?, Martin J. Rooney
Brigham Young University Journal of Public Law
No abstract provided.
Politics Or Principle? Zechariah Chafee And The Social Interest In Free Speech, Charles L. Barzun
Politics Or Principle? Zechariah Chafee And The Social Interest In Free Speech, Charles L. Barzun
BYU Law Review
No abstract provided.
Plainly Offensive Babel: An Analytical Framework For Regulating Plainly Offensive Speech In Public Schools, Jerry C. Chiang
Plainly Offensive Babel: An Analytical Framework For Regulating Plainly Offensive Speech In Public Schools, Jerry C. Chiang
Washington Law Review
The First Amendment to the United States Constitution guarantees the right to free speech. The guarantee is not absolute, however, and the U.S. Supreme Court has said that the First Amendment does not fully protect student speech in public schools. In Bethel School District v. Fraser, the Court held that schools could regulate "plainly offensive" speech. Circuit courts have interpreted and applied Fraser in an inconsistent manner, disagreeing as to what constitutes plainly offensive speech. The resulting case law is confusing and fails to provide lower courts with a clear analytical framework for evaluating First Amendment challenges to regulations …
Public Employee Speech Rights Fall Prey To An Emerging Doctrinal Formalism, Charles W. "Rocky" Rhodes
Public Employee Speech Rights Fall Prey To An Emerging Doctrinal Formalism, Charles W. "Rocky" Rhodes
William & Mary Bill of Rights Journal
No abstract provided.
Life-Giving Speech Amid An Empire Of Silence, Walter Brueggemann
Life-Giving Speech Amid An Empire Of Silence, Walter Brueggemann
Michigan Law Review
It will come as no surprise to readers of the Law Review that James Boyd White is a daring and wise practitioner of what Clifford Geertz terms "blurred genres." By appeal to Kenneth Burke, Victor Turner, and Paul Ricoeur, among others, Geertz envisions a broad interpretive venture that breaks out of the rigid regulations of a particular discipline to the larger constructive enterprise that entertains life and its meaning as a "game" of face-to-face engagement, or as a "drama" that presses on to the next scene. White's work fits that vision precisely. In Living Speech: Resisting the Empire of Force, …
The Difficult Task Of Model Rule Of Professional Conduct 3.6: Balancing The Free Speech Rights Of Lawyers, The Sixth Amendment Rights Of Criminal Defendants, And Society's Right To The Fair Administration Of Justice, Mattei Radu
Campbell Law Review
This article will begin with a review of trial publicity rules from the earliest efforts to curb harmful statements of lawyers during trials to the promulgation of Model Rule 3.6 in 1983 by the American Bar Association. It will then examine Gentile, the main Supreme Court case in this area. The article will next consider the 1994 and 2002 amendments to Model Rule 3.6, which were inspired in part by the Court's ruling in Gentile. It will also look specifically at the trial publicity situation in North Carolina, where Durham District Attorney Michael B. Nifong has been charged with violating …
School Speech V. School Safety: In The Aftermath Of Violence On School Campuses Throughout This Nation, How Should School Officials Respond To Threatening Student Expression?, Richard V. Blystone
School Speech V. School Safety: In The Aftermath Of Violence On School Campuses Throughout This Nation, How Should School Officials Respond To Threatening Student Expression?, Richard V. Blystone
Brigham Young University Education and Law Journal
No abstract provided.
Contents, First Amendment Law Review
These Dishonored Dead: Veteran Memorials And Religious Preferences, David Rittgers
These Dishonored Dead: Veteran Memorials And Religious Preferences, David Rittgers
First Amendment Law Review
No abstract provided.
Protecting The Marketplace Of Ideas In The Classroom: Why The Equal Access Act And The First Amendment Require The Recognition Of Gay/Straight Alliances In America's Public Schools, Carolyn Pratt
First Amendment Law Review
No abstract provided.
Privatizing Public Forums To Eliminate Dissent, Kevin Francis O'Neill
Privatizing Public Forums To Eliminate Dissent, Kevin Francis O'Neill
First Amendment Law Review
No abstract provided.
Randall V. Sorrell: Campaign-Finance Regulation And The First Amendment As A Facilitator Of Democracy, Rachel Gage
Randall V. Sorrell: Campaign-Finance Regulation And The First Amendment As A Facilitator Of Democracy, Rachel Gage
First Amendment Law Review
No abstract provided.
Sinkholes And Substantial Rights: North Carolina's Rejection Of Enhanced Procedural Protections For Defamation Defendants, Eric M. David
Sinkholes And Substantial Rights: North Carolina's Rejection Of Enhanced Procedural Protections For Defamation Defendants, Eric M. David
First Amendment Law Review
No abstract provided.
Closing The Orwellian Loophole: The Present Constitutionality Of Big Brother And The Potential For A First Amendment Cure, Matthew Lynch
Closing The Orwellian Loophole: The Present Constitutionality Of Big Brother And The Potential For A First Amendment Cure, Matthew Lynch
First Amendment Law Review
No abstract provided.
Reporters And Their Confidential Sources: How Judith Miller Represents The Continuing Disconnect Between The Courts And The Press, Elizabeth Coenia Sims
Reporters And Their Confidential Sources: How Judith Miller Represents The Continuing Disconnect Between The Courts And The Press, Elizabeth Coenia Sims
First Amendment Law Review
No abstract provided.
The Van Orden And Mccreary County Cases: Closing The Gaps Remaining Between The Established Lines Of Ten Commandments Jurisprudence, Matthew J. Morrison
The Van Orden And Mccreary County Cases: Closing The Gaps Remaining Between The Established Lines Of Ten Commandments Jurisprudence, Matthew J. Morrison
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Preaching From The State's Podium: What Speech Is Proselytizing Prohibited By The Establishment Clause?, Christian M. Keiner
Preaching From The State's Podium: What Speech Is Proselytizing Prohibited By The Establishment Clause?, Christian M. Keiner
Brigham Young University Journal of Public Law
No abstract provided.
King Solomon: Did The Supreme Court Make A Wise Decision In Upholding The Solomon Amendment In Rumsfeld V. Forum For Academic & Institutional Rights, Inc.?, Brook Bristow
Mercer Law Review
In a unanimous decision in Rumsfeld v. Forum for Academic & Institutional Rights, Inc., the United States Supreme Court upheld the constitutionality of the Solomon Amendment. The Court ruled that under the Solomon Amendment, military recruiters must be given the same access as nonmilitary recruiters on university campuses. The Court's holding clarified three First Amendment tangential freedom issues: (1) what is and what is not expressive conduct; (2) what constitutes compelled speech; and (3) what is meant by expressive association.
But I Thought This Was Sin City!: Nevada's Restrictions On Advertisements For Legal Brothel Services, Denise S. Balboni
But I Thought This Was Sin City!: Nevada's Restrictions On Advertisements For Legal Brothel Services, Denise S. Balboni
Nevada Law Journal
No abstract provided.
Recognizing The Grey: Toward A New View Of The Law Governing Digital Music Sampling Informed By The First Amendment, William Y. Durbin
Recognizing The Grey: Toward A New View Of The Law Governing Digital Music Sampling Informed By The First Amendment, William Y. Durbin
William & Mary Bill of Rights Journal
No abstract provided.
Stop Restricting Speech And Educate The Public: A Review Of The Aba's Proposed Campaign Activity Canon Of The Model Code Of Judicial Conduct, Tiffany L. Carwile
Stop Restricting Speech And Educate The Public: A Review Of The Aba's Proposed Campaign Activity Canon Of The Model Code Of Judicial Conduct, Tiffany L. Carwile
William & Mary Bill of Rights Journal
No abstract provided.
Silencing The Blogosphere: A First Amendment Caution To Legislators Considering Using Blogs To Communicate Directly With Constituents, D. Wes Sullenger
Silencing The Blogosphere: A First Amendment Caution To Legislators Considering Using Blogs To Communicate Directly With Constituents, D. Wes Sullenger
Richmond Journal of Law & Technology
Alexis de Tocqueville wrote that “every new invention, every new want which it occasioned, and every new desire which craved satisfaction were steps toward a general leveling [of society].” The changes wrought by the growth of Internet use reaffirm the truth of the statement. The Internet has created new opportunities for communication and expanded the reach of speakers more than any medium yet conceived.
The Fcc Complaint Process And Increasing Public Unease: Toward An Apolitical Broadcast Indecency Regime, Kurt Hunt
Michigan Telecommunications & Technology Law Review
[...]I propose depoliticizing the broadcast indecency regime by utilizing polling to determine the average broadcast viewer's opinion, divorced from all the pressures inherent in relying on the complaint process as a proxy. In section II, I will discuss the background and development of the broadcast indecency doctrine from the days of the Federal Radio Commission in the 1920s through the present day. I will also explain why the apparent increasing public unease is misleading, and why valid First Amendment concerns are steamrolled by the fiery nature of the debate. In section III, I will explain why the FCC's reliance on …
Take Your Seats: A Student's Ability To Protest Immigration Reform At Odds With State Truancy And Compulsory Education Laws, Jason Scronic
Take Your Seats: A Student's Ability To Protest Immigration Reform At Odds With State Truancy And Compulsory Education Laws, Jason Scronic
Florida A & M University Law Review
No abstract provided.
Virtual Worlds - Real Courts, Kevin W. Saunders
Virtual Worlds - Real Courts, Kevin W. Saunders
Villanova Law Review
No abstract provided.