Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- First Amendment (2)
- Freedom of Speech (2)
- United States Constitution 1st Amendment (2)
- Access to courts (1)
- Access to jails (1)
-
- Colleges and Universities (1)
- Conditions of confinement (1)
- Constitutional law (1)
- Constitutional rights of prisoners (1)
- Contracts (1)
- Deference (1)
- Due Process (1)
- Due process clause (1)
- Eighth Amendment (1)
- Equal protection (1)
- First amendment (1)
- Fourteenth Amendment (1)
- Freedom of the press (1)
- Government (1)
- Lemon test (1)
- Nebraska Press Association v. Stuart (1)
- News media (1)
- Obscenity (1)
- Prison officials (1)
- Public funding of private education (1)
- Right to fair trial (1)
- Sixth amendment (1)
- Teachers and Teaching (1)
- United States Supreme Court (1)
Articles 1 - 10 of 10
Full-Text Articles in Law
Houchins V. Kqed Inc., Lewis F. Powell Jr.
Houchins V. Kqed Inc., Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
New York V. Cathedral Academy, Lewis F. Powell Jr.
New York V. Cathedral Academy, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Civilizing Pornography: The Case For An Exclusive Obscenity Nuisance Statute, Doug R. Rendleman
Civilizing Pornography: The Case For An Exclusive Obscenity Nuisance Statute, Doug R. Rendleman
Faculty Publications
Criminal penalties are increasingly perceived to be too severe for regulating obscenity. Professor Rendleman shares this perception and suggests that we replace criminal obscenity laws with an exclusive civil sanction utilizing injunctions. He proposes a comprehensive nuisance statute and discusses the various issues that arise in the equitable regulation of pornography.
Constitutional Privilege To Republish Defamation, Leslie Levin
Constitutional Privilege To Republish Defamation, Leslie Levin
Faculty Articles and Papers
Underlying the development of the law of defamation is a tension between two broad societal interests: protecting the reputation of individuals and safeguarding the free flow of discussion and information. The common law heavily favored the protection of reputation, offering only limited concessions to the competing interest. In recent years, however, the Supreme Court has refashioned the law of defamation to conform to a first amendment mandate that "debate on public issues should be uninhibited, robust and wide-open." In New York Times Co. v. Sullivan and subsequent cases, the Court established that public officials and public figures may not recover …
The Hazards To The Press Of Claiming A “Preferred Position”, William W. Van Alstyne
The Hazards To The Press Of Claiming A “Preferred Position”, William W. Van Alstyne
Faculty Publications
No abstract provided.
Cracks In “The New Property”: Adjudicative Due Process In The Administrative State, William W. Van Alstyne
Cracks In “The New Property”: Adjudicative Due Process In The Administrative State, William W. Van Alstyne
Faculty Publications
No abstract provided.
Tenure Rights In Contractual And Constitutional Context, Ronald C. Brown
Tenure Rights In Contractual And Constitutional Context, Ronald C. Brown
Faculty Publications
No abstract provided.
The National Labor Relations Act And The Forgotten First Amendment, James E. Bond
The National Labor Relations Act And The Forgotten First Amendment, James E. Bond
Faculty Articles
In this article Professor Bond discusses several points. First, the freedom of association principle, whatever its constitutional paternity, is now treated by the Court as one among first amendment equals. It is thus a fundamental right which the government may limit only for the most compelling reasons and then only in that way which least intrudes upon its exercise. Second, the relationship of an employee both to his employer and to his fellow employees involves associational rights of the kind guaranteed and protected by the first amendment. Third, the exclusive representation rule' of the National Labor Relations Act seriously interferes …
The Supreme Court And The Constitutional Rights Of Prisoners: A Reappraisal, Emily Calhoun
The Supreme Court And The Constitutional Rights Of Prisoners: A Reappraisal, Emily Calhoun
Publications
No abstract provided.
Prior Restraints On Freedom Of Expression By Defendants And Defense Attorneys: Ratio Decidendi V. Obiter Dictum, Monroe H. Freedman, Janet Starwood
Prior Restraints On Freedom Of Expression By Defendants And Defense Attorneys: Ratio Decidendi V. Obiter Dictum, Monroe H. Freedman, Janet Starwood
Hofstra Law Faculty Scholarship
Nebraska Press Association v. Stuart presents the Supreme Court's most strenuous disapproval of prior restraints on the press to date. Despite its concern for the first amendment rights of the press, however, the Court showed no such solicitude for the free speech rights of defendants and their attorneys. Instead, the two major opinions in Nebraska Press Association both contain unsupported, conclusory language suggesting that the special protection afforded the press might somehow be inapplicable to restraints against defendants and defense attorneys. The implication is that in order to secure their rights to fair trials defendants may have to sacrifice their …