Law Commons^™

Symbols, Perceptions, And Doctrinal Illusions: Establishment Neutrality And The "No Endorsement" Test, Steven D. Smith

Michigan Law Review

Section I of this article briefly describes the emergence and development of the "no endorsement" test. Section II then seeks to show that the test is deficient as doctrine, and thus incapable of providing the clarity and coherence that current doctrine so sorely lacks. Section III considers various likely theoretical justifications for the "no endorsement" proposal, including the justification advanced by Justice O'Connor, and concludes that these justifications, like the test itself, are seriously flawed. This conclusion provokes a question: If the "no endorsement" test is doctrinally deficient and without theoretical justification, why has it elicited such widespread enthusiasm? Section …

Private Possession Of Child Pornography: The Tensions Between Stanley V. Georgia And New York V. Ferber, Susan G. Caughlan

William & Mary Law Review

No abstract provided.

The Right To Speak, The Right To Hear, And The Right Not To Hear: The Technological Resolution To The Cable/Pornography Debate, Michael I. Meyerson

All Faculty Scholarship

The advent of cable television presented a new opportunity to consider the competing interests on each side of the free speech/pornography debate. This Article attempts to construct an analysis that will be consistent with Supreme Court teaching on how government, under the first amendment, may constitutionally regulate legal obscenity, particularly in the name of protecting those who wish to avoid exposure to such material.

The Article shows how, unlike earlier battles over technology and pornography, cable television presented the novel opportunity to have a technological rather than a censorial solution to this difficult problem.

Constitutional Law—Freedom Of Speech And Of The Press—Officials May Censor School-Sponsored Student Speech If Censorship Has Valid Educational Purpose, Charles William Burton

University of Arkansas at Little Rock Law Review

No abstract provided.

Webster V. Doe, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.

The Press Clause Constructed In Context: The Journalists' Right Of Access To Places, Tom A. Collins

Faculty Publications

No abstract provided.

A Discussion Of The Movement To Desecularize Public Education, Deborah L. Mchenry

West Virginia Law Review

No abstract provided.

A Constitutional Right Of Access To Pretrial Documents: A Missed Opportunity In Reporters Committee For Freedom Of The Press, Daniel J. Kopp

Indiana Law Journal

No abstract provided.

Cable Television Rights Of Way: Technology Expands The Concept Of Public Forum, Lawrence E. Spong

University of Michigan Journal of Law Reform

This Note argues that the public forum analysis is the proper standard for evaluating a cable television company's claim of access to public rights of way. Part I discusses the constitutional basis for this standard. Part II examines the ideological justifications for the public forum doctrine and argues that public rights of way are public forums for cable television purposes. In addition, it explains the application of the public forum doctrine to cable access questions and the doctrine's advantages over other standards.

Restricting Adult Access To Material Obscene As To Juveniles, Ann H. Coulter

Michigan Law Review

This Note considers whether state regulations that restrict juvenile access to material that is obscene as to minors unconstitutionally encroach upon the first amendment rights of adults. Part I briefly describes the Court's opinion in Ginsberg. Part II introduces the "O'Brien analysis" and discusses the aspects of juvenile access restrictions that tend to make O'Brien scrutiny applicable. In this context the frequently relaxed judicial review of governmental restrictions on sexually related material will be discussed. Having concluded that the O'Brien analysis is applicable to access restrictions, Part III applies the test and ultimately concludes that juvenile access restrictions survive …

What Is “An Establishment Of Religion?", William W. Van Alstyne

Faculty Publications

No abstract provided.

Law. Liberalism And Free Speech, M. Sean Laane

Michigan Law Review

A Review of Law, Liberalism and Free Speech by D.F.B. Tucker

Freedom Of Speech, Melissa H. Maxman

Michigan Law Review

A Review of Freedom of Speech by Eric Barendt

Tolerance Theory And The First Amendment, James L. Oakes

Michigan Law Review

A Review of The Tolerant Society: Free Speech and Extremist Speech in America by Lee C. Bollinger

Racism In Great Britain: Drawing The Line On Free Speech, Kenneth Lasson

All Faculty Scholarship

On any given Sunday in Hyde Park, London's huge urban sanctuary of tailored ponds and manicured gardens, one is likely to hear outrageous and provocative public utterances about race and religion. A few of those venting their spleen here are practicing rhetoricians, a few are clearly acting-but others are absolutely sincere in their hatemongering and passionate in their vilification. All of them are focal points for assembled spectators of varying classes, many of whom are professional hecklers. The police, milling about to put down possible disturbances of the peace, are seldom called upon to quell roused rabble. Thus is this …

The Supreme Court's Limiting Of First Amendment Protection For Defendants In Defamation Cases, Gregory L. Hughes

North Carolina Central Law Review

No abstract provided.

Abortion, Protest, And Constitutional Protection—Bering V. Share, 106 Wn. 2d 212, 721 P.2d 918 (1986), Carrie Miller

Washington Law Review

In Bering v. Share, the Washington Supreme Court upheld a broad injunction against the activities of Share, an anti-abortion activist group. The court found that a restriction of Share's free speech rights was necessary to protect children from the harmful effects of Share's language, and to protect the constitutional right to abortion. Consequently, the court restricted Share's use of the words "murder" and "kill," and limited Share's picketing to the side of the medical building. This Note assesses the Bering court's federal constitutional foundation for its restrictions of protected speech, and suggests an alternative basis and reduced scope for the …

"In Stark Contravention Of Its Purpose": Federal Communications Commission Enforcement And Repeal Of The Fairness Doctrine, Michael J. Bolton

University of Michigan Journal of Law Reform

This Note analyzes current FCC policy to determine whether the agency violated its statutory purpose and acted unlawfully by restricting and later repealing the fairness doctrine. Because the Commission's attack on the doctrine has been based, in part, on conclusions drawn from the doctrine's history, Part I examines prior FCC enforcement of the fairness doctrine. Part II views the Commission's contemporary enforcement and repeal of the doctrine. Finally, Part III assesses Commission action in light of its legislative mandate and administrative law standards of judicial review to conclude that the FCC both violated its administrative responsibilities by deemphasizing enforcement of …

American Indian Sacred Religious Sites And Government Development: A Conventional Analysis In An Unconventional Setting, Mark S. Cohen

Michigan Law Review

For centuries, American Indians have regarded specific lands as essential to their livelihood, government, culture, and religion. Congress and the courts have at times recognized the important relationship between tribes and their lands. Recognition has not always coincided with protection; during the nineteenth century and part of the twentieth century a series of governmental actions resulted in the tribes surrendering title and possession to many of their ancestral lands. Recently, however, American Indians have become increasingly active litigants in a variety of contexts. In one set of cases, Indians challenged government development projects on public lands, contending that because the …

Scarlet Letter Lawsuits: Private Affairs And Public Judgments, Lynn Buzzard

Campbell Law Review

This article will review the legal issues related to church discipline which are raised by Guinn v. Church of Christ of Collinsville. Part II will provide an overview of the general legal bases for church rights of internal control and discipline in associational and first amendment law. Part III will note the traditional limited scope of tort claims, and defenses to them, raised in church discipline cases. Part IV will note the newer claims grounded in the modern torts of invasion of privacy and infliction of emotional distress as represented by Guinn in church discipline-related suits. Part V will suggest …

Taking Libel Reform Seriously, Rodney A. Smolla

Scholarly Articles

Not available.

The First Amendment And The Postal Service Subscriber Requirement: Constitutional Problems With Denying Equal Access To The Postal System, Elizabeth Gorman

University of Richmond Law Review

Second-class mail rates are available only to publications that distribute one- half or more of all circulated copies either to paying subscribers or to persons who have requested that the publication be sent to them. A publication that distributes more than half of its copies free of charge to persons who have not specifically requested copies must pay the higher third-class rate. As a result, the lower rate is denied to many community newspapers and to publications designed to win converts to a political cause or religious faith. This article argues that the Postal Service's unequal treatment of publications without …

Book Review: The Tolerant Society: Freedom Of Speech And Extremist Speech In America, Abner J. Mikva

University of Baltimore Law Review

No abstract provided.

Expensive Speech, Neil Skene

Florida State University Law Review

SUING THE PRESS: LIBEL, THE MEDIA, AND POWER. By Rodney Smolla. New York: Oxford University Press. 1986. Pp. 277.

"Secular Humanism": A Blight On The Establishment Clause, Linda Eigner

Loyola University Chicago Law Journal

No abstract provided.

Church And State: Explorations, George Anastaplo

Loyola University Chicago Law Journal

No abstract provided.

The Signal Cable Sends-Part I: Why Can't Cable Be More Like Broadcasting?, Laurence H. Winer

Maryland Law Review

No abstract provided.

Kemner V. Monsanto Company: The Illinois Supreme Court Confronts The Free Speech/Fair Trial Controversy, 20 J. Marshall L. Rev. 581 (1987), Thomas K, Pfister

UIC Law Review

No abstract provided.

Macpherson V. Irs: A Dilution Of First Amendment Rights In Favor Of Expanded Federal Agency Law Enforcement Powers, 20 J. Marshall L. Rev. 795 (1987), Steven W. Jacobson

UIC Law Review

No abstract provided.

Philadelphia Newspapers V. Hepps: Unanswered Defamation Questions, John L. Diamond

Faculty Scholarship

No abstract provided.