Law Commons^™

Constitutional Law - First Amendment - Release Of Toll Call Billing Records Disclosing Journalists' Confidential Sources Held Not Violate Of Freedom Of The Press And Not To Require Prior Judicial Review, Arthur B. Axelson

Villanova Law Review

No abstract provided.

Spears V. State, 337 So. 2d 977 (Fla. 1976), John Mueller

Florida State University Law Review

Constitutional Law- SPEECH- FLORIDA'S INDECENT AND OBSCENE LANGUAGE STATUTE DECLARED UNCONSTITUTIONAL ON ITS FACE FOR OVERBREADTH.

Constitutional Law - Free Press/Fair Trial - Pretrial Suppression Hearing May Be Closed In Order To Preserve Defendant's Right To A Fair Trial, Douglas Robison

Villanova Law Review

No abstract provided.

The Irrelevance Of The Constitution: The Religion Clauses Of The First Amendment And The Supreme Court, Philip B. Kurland

Villanova Law Review

No abstract provided.

The Impact Of Pacifica Foundation On Two Traditions Of Freedom Of Expression, Stephen W. Gard, Jeffrey Endress

Cleveland State Law Review

The United States Supreme Court, in FCC v. Pacifica Foundation, had a magnificent opportunity to either begin the process of defining first amendment limitations on the scope of the authority of the FCC to regulate the content of broadcast expression, explicate a rational ground for the differential status of broadcasting, or perhaps both. The purpose of this article is not to debate the wisdom of the use of sensitive language on the electronic media or elsewhere. Nor is it our purpose to debate the substantive question of whether the Court reached the proper result in Pacifica, although we will necessarily …

The Impact Of Pacifica Foundation On Two Traditions Of Freedom Of Expression, Stephen W. Gard, Jeffrey Endress

Cleveland State Law Review

The United States Supreme Court, in FCC v. Pacifica Foundation, had a magnificent opportunity to either begin the process of defining first amendment limitations on the scope of the authority of the FCC to regulate the content of broadcast expression, explicate a rational ground for the differential status of broadcasting, or perhaps both. The purpose of this article is not to debate the wisdom of the use of sensitive language on the electronic media or elsewhere. Nor is it our purpose to debate the substantive question of whether the Court reached the proper result in Pacifica, although we will necessarily …

Constitutional Law - Obscenity - 1977 Amendments To The Pennsylvania Obscenity Statute, John P. Kopesky

Villanova Law Review

No abstract provided.

The Federal Election Campaign Act Amendments Of 1974: The Constitutionality Of Limiting Political Advertising By The Non-Candidate, John P. Hollihan

Florida State University Law Review

No abstract provided.

Obscenity, The Law And Religion, Thomas A. Long

IUSTITIA

The long history of the relation between Western religion and secular law is both interesting and complex.' In what follows I shall discuss one current social issue which is illustrative of this relation,namely, the relatively recent legal-moral controversy over obscenity.

The Future Of First Amendment Overbreadth, J. W. Torke

Vanderbilt Law Review

In Broadrick, Justice White suggests that the willingness of the Court in the past to accord standing to litigants to raise the over-broad aspects of a statute without regard to their own conduct'depended on a "judicial prediction or assumption" regarding the threat to liberty that the statute posed.' The spirit with which the Court makes such predictions would appear to be determinative not only of the underlying standing issue but of the overbreadth claimas well." The key to discovering the paths by which the Court is "retreating" from its overbreadth holiday of the sixties lies in the recognition that the …

First Amendment Rights And The Use Of Public Facilities By Private Groups With Discriminatory Membership Policies: National Socialist White People's Party V. Ringers, Charles Baily Tomb

Washington and Lee Law Review

No abstract provided.

Obscenity -- Federal Statutes Prohibiting Importation And Mail Distribution Of Obscene Materials Do Not Violate First Amendment, Law Review Staff

Vanderbilt Law Review

Near the end of the 1970-71 term, the Supreme Court considered two cases, United States v. Reidell and United States v. Thirty-Seven (37) Photographs, in which constitutional challenges were raised against federal statutes regulating the distribution and importation of obscene materials. These challenges were engendered by the apparent irreconcilability of the Court's decisions in Roth v. United States and Stanley v. Georgia. In Roth, the Court held that obscenity is not within the scope of first amendment protection for speech and press. In Stanley, however, a first amendment right to possess obscene materials in one's home was recognized, and the …

Neutral Principles And Some First Amendment Problems, Robert H. Bork

Indiana Law Journal

The text of this article was delivered in the Spring of 1971 by Professor Bork at the Indiana University School of Law as part of the Addison C. Harriss lecture series.

Welsh Reaffirms Seeger: From A Remarkable Feat Of Judicial Surgery To A Lobotomy, Theodore F. Denno

Indiana Law Journal

No abstract provided.

Expanding Liberties: Freedom's Gains In Postwar America, By Milton R. Konvitz, Gary S. Goodpaster

Indiana Law Journal

No abstract provided.

Chief Justice Waite And The "Twin Relic": Reynolds V. United States, C. Peter Magrath

Vanderbilt Law Review

In the landmark case of Reynolds v. United States, the United States Supreme Court held that a general law prohibiting polygamy did not abridge the religious freedom of members of the Mormon faith guaranteed by the first amendment. The author here explores the background of Chief Justice Waite's opinion in Reynolds v. United States: the tenets and development of the Mormon faith in the United States, the character of the Waite Court, and the sources and development of Chief Justice Waite's opinion in the case.

Comments, Various Editors

Villanova Law Review

No abstract provided.

The Clear And Present Danger Test--A Reply To Mr. Meiklejohn, Wallace Mendelson

Vanderbilt Law Review

As educator and philosopher Alexander Meiklejohn has won a lion's share of the honors of his profession. Few have seen so clearly, or done more to enrich, the meaning of America. When in a provoking little volume' that appeared in 1948, Mr. Meiklejohn examined the meaning of democracy and free speech and found that Mr. Justice Holmes' clear and present danger test was incompatible with both, he obviously struck fire. His theme was that when men govern themselves it is they and not government who must judge as to the wisdom, fairness and danger of ideas. This means that unwise, …

Book Reviews, Edmund M. Morgan (Reviewer), Albert Williams (Reviewer), J. Warren Madden (Reviewer), Melvin M. Belli (Reviewer), George H. Tyne (Reviewer), William J. Bowe (Reviewer)

Vanderbilt Law Review

Book Reviews

The Hearsay Rule

By R. W. Baker

London: Sir Isaac Pitman & Sons,Ltd., 1950. Pp. xxi, 180

reviewer: Edmund M. Morgan

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Self-Incrimination: What Can an Accused Person be Compelled to Do?

By Fred E. Inbau

Springfield, Illinois: Charles C. Thomas, 1950.Pp. x, 91. $2.50

reviewer: Albert Williams

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Administrative Law

By Kenneth C. Davis

St. Paul: West Pub. Co.,1951. Pp. xvi, 1024. $8.00

Administrative Law: A Test

By Reginald Parker

Indianapolis: The Bobbs-Merrill Co., 1952. Pp. x, 344. $5.50

Administrative Agencies and the Courts

By Frank E. Cooper

Ann Arbor; University of Michigan Law School, 1951. Pp. …

The First Amendment And Evils That Congress Has A Right To Prevent, Alexander Meiklejohn

Indiana Law Journal

No abstract provided.

The Problems Of Yesteryear -- Commerce And Due Process, Robert L. Stern

Vanderbilt Law Review

Less than fifteen years ago, there were constitutional problems important enough to stir the country, to threaten the sanctity of the Supreme Court. These were the culmination of at least three decades of judicial controversy, in which the pressure of events brought criticism of the Court's decisions, both in noteworthy dissenting opinions and outside, to a new height. Fifteen years later, there still are difficult and important constitutional problems, and there still is criticism of the Supreme Court's decisions--though on a relatively minor scale. But the issues which rocked more than the legal world in the 1930's and in the …

The Supreme Court And Civil Liberties, Paul A. Freund

Vanderbilt Law Review

The evolution of the enforcement of First Amendment guarantees under the aegis of the Fourteenth is an interesting study in the throwing up of bridges before and the burning of them behind, characteristic of juridical-advance. The protection of property and of liberty of contract had long since been assured under decisions applying'the Fourteenth Amendment. The interests of a teacher and of a private school, challenging interference with their pursuits, were well calculated to furnish the span between proprietary and forensic rights. When the span was crossed the newly taken ground provided a new base for advance. Freedom of speech, recognized …

State Constitutions, State Courts And First Amendment Freedoms, Monrad G. Paulsen

Vanderbilt Law Review

We have recently been reminded that one of the current and recurrent quandaries of the Supreme Court of the United States arises from the American constitutional system's counterpart of the philosophical problem of the One and the Many. When an individual's freedom is involved, the question is whether and to what degree state legislators, public officials and judicial officers shall be called upon to enforce standards of respect for personal liberties defined by the Federal Constitution and the United States Supreme Court; or, put another way, how far the first eight amendments of the Federal Constitution are incorporated into the …

Post-War Protection Of Freedom Of Opinion - A Study Of Supreme Court Attitudes, Raymon T. Johnson

Washington and Lee Law Review

No abstract provided.