Law Commons^™

San Filippo V. Bongiovanni: The Public Concern Criteria And The Scope Of The Modern Petition Right, Kara E. Shea

Vanderbilt Law Review

If the "person on the street" were asked to name a right guar- anteed to all Americans by the First Amendment of the United States Constitution, freedom of speech would likely come quickly to mind, along with the concomitant right of free press. The rights to practice one's religion and peaceably assemble, even the judicially created right of free association might follow closely behind. Few people, how- ever, would mention the "right of the people.., to petition the government for redress of grievances."' Fewer still would be able to give a good definition of petitioning, or to describe the types …

Clash Between The First Amendment And Civil Rights: Public University Nondiscrimination Clauses, The, Richard M. Paul Iii, Derek Rose

Missouri Law Review

Individual rights have become increasingly important in this country in the past few decades. University campuses across the country form part of the current bedrock of this movement. Therefore, it should come as no surprise that public universities,' the closest representative of the government to college students, are the subject of much of the pressure to enact rules protecting the rights, viewpoints, and actions of minority members of society. Universities originally intended that nondiscrimination clauses ensure student groups recognized by the university did not exercise improper prejudices based on gender, nationality, or religious belief. Recently, however, the gay rights movement …

Taking Liberties With The First Amendment: Congress, Section 5, And The Religious Freedom Restoration Act, Jay S. Bybee

Vanderbilt Law Review

In July 1788 the North Carolina legislature was considering ratification of the Constitution, a constitution that did not contain a Bill of Rights. As the delegates reached the Religious Test Clause, Henry Abbot remarked:

"Some are afraid... that, should the Constitution be received, they would be deprived of the privilege of worshiping God according to their consciences, which would be taking from them a benefit they enjoy under the present constitution. They wish to know if their religious and civil liberties be secured under this system, or whether the general government may not make laws in- fringing their religious liberties.... …

What's Happening With Respect To The Second Circuit, Hon. George C. Pratt

Touro Law Review

No abstract provided.

Frreedom Of Religion

Touro Law Review

No abstract provided.

Note: A Procedural Approach To Limited Public Forum Cases, Lee Rudy

Fordham Urban Law Journal

This Note argues that the Supreme Court, beginning with Perry, has defined the limited public forum in a manner that offends the underlying policies of the First Amendment.9 Part II of this Note explains the significance of the limited public forum doctrine within First Amendment jurisprudence. Part III provides an historical overview of limited public forum cases, demonstrating that Perry relaxed limited public forum analysis by making it easier for government selectively to restrict access to public property, and that subsequent cases have had to struggle to apply Perry. Part IV criticizes Perry's reformulation of the limited public forum as …