Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- First amendment (3)
- Freedom of religion (3)
- Demonstrations (2)
- Freedom of speech (2)
- Obscenity (2)
-
- secondary schools (1)
- 1st amendment (1)
- Academic autonomy (1)
- Academic freedom (1)
- Administrative Law (1)
- Antiwar protests (1)
- Campus protests (1)
- Campus unrest (1)
- Citizenship (1)
- Civil Disobedience (1)
- Conscientious Objector (1)
- Constitutional Law (1)
- Constitutional law (1)
- Damages (1)
- Defamatory (1)
- Democracy (1)
- Derogatory (1)
- Disorder (1)
- Docket 1270S5294 (1)
- Draft induction (1)
- Due process (1)
- Equal protection (1)
- Expression (1)
- Extremism (1)
- Extrinsic fact (1)
- Publication
- Publication Type
Articles 1 - 26 of 26
Full-Text Articles in Law
Welsh Reaffirms Seeger: From A Remarkable Feat Of Judicial Surgery To A Lobotomy, Theodore F. Denno
Welsh Reaffirms Seeger: From A Remarkable Feat Of Judicial Surgery To A Lobotomy, Theodore F. Denno
Indiana Law Journal
No abstract provided.
Libel Per Quod In Florida, Richard C. Ausness
Libel Per Quod In Florida, Richard C. Ausness
Law Faculty Scholarly Articles
The purpose of this article is to trace the development of the rules of defamation with particular reference to extrinsic fact. A defamatory communication is one that tends to diminish the esteem, respect, good will, or confidence in which a person is held or to excite adverse, derogatory, or unpleasant feelings or opinions against him. To be actionable under the modem law, however, the defendant's statement must be capable of a defamatory meaning in the sense normally understood.
Defamation consists of the separate torts of libel and slander. Historically, these torts evolved independently of each other, and as a result …
Prior Restraints On Demonstrations, Vince Blasi
Prior Restraints On Demonstrations, Vince Blasi
Michigan Law Review
The starting point for the analysis that follows is the belief that new constitutional doctrine--both substantive and procedural--is urgently needed. That conclusion rests on two critical assumptions--assumptions which may not be shared by others who read history differently, or who have had different personal experiences regarding prior restraints on demonstrations, or who have different behavioral impressions based on observation and conversation, or best of all, who have quantitative data on the problem.
A Requiem For Requiems: The Supreme Court At The Bar Of Reality, Stanley K. Laughlin Jr.
A Requiem For Requiems: The Supreme Court At The Bar Of Reality, Stanley K. Laughlin Jr.
Michigan Law Review
It is true that the test set out in Roth v. United States is moribund. In a sense it was stillborn. While five Justices, only one of whom remains on the Court, joined in the majority opinion in Roth, that case only adumbrated certain considerations that later were forged into what has come to be known as the Roth test. No sooner did the forging process begin than the Court became fragmented on this issue, and a majority of the Justices has never since concurred in the test-certainly not in a compatible formulation of it. Today, it is not …
Book Notes, Law Review Staff
Book Notes, Law Review Staff
Vanderbilt Law Review
Book Notes --
The Strength of Government--By McGeorge Bundy Cambridge:Harvard University Press, 1968. Pp. xii, 107. $3.75.
Towards a Global Federalism-- By William 0. Douglas. New York: New York University Press, 1968. Pp. xi, 177, $7.95.
Democracy, Dissent, and Disorder: The Issues and the Law-- By Robert F. Drinan New York: The Seabury Press, 1969. Pp. 152,$4.95.
The End of Obscenity: The Trials of Lady Chatterly, Tropic of Cancer, and Fanny Hill --By Charles Rembar New York: Random House, Inc., 1968. Pp. xii, 528. $8.95.
Justice on Trial-- By A.L. Todd Chicago: The University of Chicago Press, 1964. Pp. ix, …
What Is "Right" About America, Lewis F. Powell Jr.
What Is "Right" About America, Lewis F. Powell Jr.
Powell Speeches
Powell gave this speech at the Leadership Banquet of the Key Club of Thomas Jefferson High School, Richmond, Virginia.
Social Security And The Plain People, Paul C. Cline
Social Security And The Plain People, Paul C. Cline
West Virginia Law Review
No abstract provided.
Constitutional Law--Church And State--Freedom Of Religion--The Constitutionality Under The Religion Clauses Of The First Amendment Of Compulsory Sex Education In Public Schools, Michigan Law Review
Constitutional Law--Church And State--Freedom Of Religion--The Constitutionality Under The Religion Clauses Of The First Amendment Of Compulsory Sex Education In Public Schools, Michigan Law Review
Michigan Law Review
It has been said that "[s]ex education, once the domain of the church and the home, has by necessity, become a responsibility of the schools." Indeed, by the operation of most state education statutes, sex education can be made compulsory in public primary and secondary schools if it is taught as part of otherwise compulsory classes or if the local school authorities have prescribed sex education courses as a compulsory part of the curriculum. While some of the state statutes authorize exemptions on religious grounds, most do not. Nevertheless, the introduction of sex education into public schools has not been …
The Warren Court: Completion Of A Constitutional Revolution, William F. Swindler
The Warren Court: Completion Of A Constitutional Revolution, William F. Swindler
Vanderbilt Law Review
In the final weeks of its sixteen year history, the subject matter of the Warren Court's opinions ranged over most of the major constitutional issues with which it had concerned itself since 1953, and out of which it developed the seminal decisions for which it will be remembered. For example, it upheld an Alabama desegregation plan which provided for proportional racial representation on public school faculties,' and found a snack bar in a privately owned recreational facility to be within the "public accomodations" definition of the Civil Rights Act of 1964. It rejected a North Carolina county's request to reinstate …
Constitutional Law--Freedom Of Expression, Charles Blaine Myers Jr.
Constitutional Law--Freedom Of Expression, Charles Blaine Myers Jr.
West Virginia Law Review
No abstract provided.
Robert I. Grody, Kerry Kaplan Vs. State Of Indiana (Brief Of Appellants) In The Supreme Court Of Indiana, F. Thomas Schornhorst, Craig Eldon Pinkus
Robert I. Grody, Kerry Kaplan Vs. State Of Indiana (Brief Of Appellants) In The Supreme Court Of Indiana, F. Thomas Schornhorst, Craig Eldon Pinkus
Historic Documents
Appeal from the Monroe Circuit Court
The Honorable Nat U. Hill, Judge
No. 1270-S294
Constitutional Problems Of Population Control, Bettye S. Elkins
Constitutional Problems Of Population Control, Bettye S. Elkins
University of Michigan Journal of Law Reform
An analysis of the urgency and magnitude of the population problem would show that both national and human survival depend on limiting man's incredible ability to procreate. The world's resources are finite; man's consumption of them must be made so, too, or Malthus' four horsemen will balance the supply and demand for us. If we are not to starve our grandchildren, to leave them with no immunity to the pestilence of overcrowding and hopelessness, to kill them with pollution, or to force war upon them as the only way to secure enough territory to feed a voracious population, we must …
Exploiting The American Flag: Can The Law Distinguish Criminal From Patriot?
Exploiting The American Flag: Can The Law Distinguish Criminal From Patriot?
Maryland Law Review
No abstract provided.
The Anti-Injunction Statute And The First Amendment: The Yielding Of A Statute - Machesky V. Bizzell
The Anti-Injunction Statute And The First Amendment: The Yielding Of A Statute - Machesky V. Bizzell
Maryland Law Review
No abstract provided.
Injunctions Against Speech And Writing: A Re-Evaluation, William O. Bertelsman
Injunctions Against Speech And Writing: A Re-Evaluation, William O. Bertelsman
Kentucky Law Journal
No abstract provided.
Constitutional Law - Libel - New York Times Rule Extended To Statements Made About Matters Of Public Concern, Stanley J. Davidson
Constitutional Law - Libel - New York Times Rule Extended To Statements Made About Matters Of Public Concern, Stanley J. Davidson
Loyola University Chicago Law Journal
No abstract provided.
Free Speech On Private Property, Daniel A. Silver
Free Speech On Private Property, Daniel A. Silver
Cleveland State Law Review
In our system of constitutional law the First Amendment right of freedom of speech has always maintained a preferred position. The Supreme Court of the United States, on numerous occasions, has proclaimed freedom of speech to be one of our most fundamental rights. An evolving problem in the area of free speech is the question of what constitutes a proper forum for the expression of First Amendment rights. This paper examines the use of private property as a forum for expression.
Public Employment, Antiwar Protest And Preinduction Review, Robert M. O'Neil
Public Employment, Antiwar Protest And Preinduction Review, Robert M. O'Neil
Articles by Maurer Faculty
No abstract provided.
The Suppression Of Employer Free Speech - A New Ban On Conscious Overstatements And A Caveat Against Brinkmanship, Harry L. Browne, Howard F. Sachs
The Suppression Of Employer Free Speech - A New Ban On Conscious Overstatements And A Caveat Against Brinkmanship, Harry L. Browne, Howard F. Sachs
Villanova Law Review
No abstract provided.
Judicial Overkill: The Campus And The Courts, Robert M. O'Neil
Judicial Overkill: The Campus And The Courts, Robert M. O'Neil
Articles by Maurer Faculty
No abstract provided.
F.C.C. And The Fairness Doctrine, Marilyn G. Zack
F.C.C. And The Fairness Doctrine, Marilyn G. Zack
Cleveland State Law Review
In the United States broadcasting is a competitive business. But radio and television also are media for the expression of free speech in matters of vital concern in a self-governing society. Freedom of protected from governmental abridgement by the first amendment. Is free speech unconstitutionally abridged by governmental action with respect to program content? Or do the fairness doctrine and the personal attack and editorialization rules enhance free speech? What quantum of program control can be justified on the basis of the public interest in view of the first amendment-which applies also to broadcasters?
Book Review, James P. Huddleston
Book Review, James P. Huddleston
Cleveland State Law Review
Review of Charles Rembar, The End of Obscenity, Random House, 1969.
Freedom Of Speech Of The Public School Teacher, Edward M. Graham
Freedom Of Speech Of The Public School Teacher, Edward M. Graham
Cleveland State Law Review
Courts, until recent years, when deciding whether teachers surrender their right of free speech by accepting employment in the public schools, have almost universally held that the rights of teachers as individuals are subordinate to the rights of school boards as public employers. In applying the principle of stare decisis, courts had continuously relied upon cases reasoned along the lines of early American decisions in which the courts considered the exemplar responsibility of the teacher as the only material issue. Because of this judicial outlook, teachers have had great difficulty defending against dismissal or other disciplinary action by their employing …
Freedom Of Expression In Secondary Schools, Ann Aldrich, Joanne V. Sommers
Freedom Of Expression In Secondary Schools, Ann Aldrich, Joanne V. Sommers
Cleveland State Law Review
Guzick v. Drebus, currently under consideration on appeal to the United States Court of Appeals for the Sixth Circuit, raises important questions concerning the application of the First Amendment to secondary school students.
First Amendment "Due Process", Henry Paul Monaghan
First Amendment "Due Process", Henry Paul Monaghan
Faculty Scholarship
A number of recent Supreme Court opinions, primarily in the obscenity area, have fastened strict procedural requirements on governmental action aimed at controlling the exercise of first amendment rights. Professor Monaghan believes that there are two basic principles that can be distilled from these cases: that a judicial body, following an adversary hearing, must decide on the protected character of the speech, and that the judicial determination must either precede or immediately follow any governmental action which restricts speech. The author argues that these two broad principles should limit any governmental activity which affects freedom of speech, no matter how …
Public Support And The Sectarian University, Walter Gellhorn, Kent Greenawalt
Public Support And The Sectarian University, Walter Gellhorn, Kent Greenawalt
Faculty Scholarship
In mid-1968 we undertook to advise Fordham University concerning steps that might be appropriate to establish its eligibility for public assistance. As part of that task we tried to determine the extent to which present law requires official differentiation between Church-related and other institutions of higher learning. Since the University sought a wholly detached consideration of its legal posture, our conclusions in this article represent our best judgment of the present state of the law and its probable development. We have avoided indicating our own personal position on debatable legal and ethical issues.