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Articles 1 - 5 of 5

Full-Text Articles in Law

The Fda Knows Best . . Or Does It? First Amendment Protection Of Health Claims On Dietary Supplements: Pearson V. Shalala, Amber K. Spencer May 2000

The Fda Knows Best . . Or Does It? First Amendment Protection Of Health Claims On Dietary Supplements: Pearson V. Shalala, Amber K. Spencer

Brigham Young University Journal of Public Law

No abstract provided.


Counterspeech 2000: A New Look At The Old Remedy For "Bad" Speech, Robert D. Richards, Clay Calvert May 2000

Counterspeech 2000: A New Look At The Old Remedy For "Bad" Speech, Robert D. Richards, Clay Calvert

BYU Law Review

No abstract provided.


Bernstein V. United States Depament Of Justice: A Cryptic Interpretation Of Speech, Seth Hanson May 2000

Bernstein V. United States Depament Of Justice: A Cryptic Interpretation Of Speech, Seth Hanson

BYU Law Review

No abstract provided.


Internet Speech And The First Amendment Rights Of Public School Students, Leora Harpaz Mar 2000

Internet Speech And The First Amendment Rights Of Public School Students, Leora Harpaz

Brigham Young University Education and Law Journal

No abstract provided.


Towards A Defensible Free Exercise Doctrine, Frederick Mark Gedicks Jan 2000

Towards A Defensible Free Exercise Doctrine, Frederick Mark Gedicks

Faculty Scholarship

Almost from the moment that the Supreme Court abandoned the religious exemption doctrine in Employment Division v. Smith, its defenders have worked to bring it back. More than a decade later, however, Smith remains well-entrenched; not only has the Court confirmed Smith's basic holding, but it also struck the Religious Freedom Restoration Act, Congress's first effort to restore the exemption doctrine, at least as it applied to the states.

Proponents of religious exemptions cannot ignore the hard truth that they can no longer be defended. During the nineteenth and early twentieth centuries, American society viewed the practice of religion-mostly Christian …