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Articles 1 - 18 of 18
Full-Text Articles in Law
The First Amendment And Economic Regulation: Away From A General Theory Of The First Amendment, Steven H. Shiffrin
The First Amendment And Economic Regulation: Away From A General Theory Of The First Amendment, Steven H. Shiffrin
Cornell Law Faculty Publications
Lynch V. Donnelly, Lewis F. Powell Jr
Note, Content Regulation And The Dimensions Of Free Expression, Steven J. Heyman
Note, Content Regulation And The Dimensions Of Free Expression, Steven J. Heyman
All Faculty Scholarship
No abstract provided.
Prior Restraint Of Expression Through The Private Search Doctrine, Edward J. Eberle
Prior Restraint Of Expression Through The Private Search Doctrine, Edward J. Eberle
Law Faculty Scholarship
No abstract provided.
Civil Liberties: Current Developments In The Seventh Circuit Regarding First Amendment, Procedural Due Process, Employment Discrimination And The Enforcement Of Civil Rights, Ivan E. Bodensteiner, Rosalie Levinson
Civil Liberties: Current Developments In The Seventh Circuit Regarding First Amendment, Procedural Due Process, Employment Discrimination And The Enforcement Of Civil Rights, Ivan E. Bodensteiner, Rosalie Levinson
Law Faculty Publications
No abstract provided.
The Origins Of Freedom Of Speech And Press, David S. Bogen
The Origins Of Freedom Of Speech And Press, David S. Bogen
Faculty Scholarship
No abstract provided.
An Absolutism That Works: Reviving The Original “Clear And Present Danger” Test, 8 S. Ill. U. L.J. 127 (1983), Donald L. Beschle
An Absolutism That Works: Reviving The Original “Clear And Present Danger” Test, 8 S. Ill. U. L.J. 127 (1983), Donald L. Beschle
UIC Law Open Access Faculty Scholarship
No abstract provided.
A School Board's Authority Versus A Student's Right To Receive Information, Timothy L. Coggins
A School Board's Authority Versus A Student's Right To Receive Information, Timothy L. Coggins
Law Faculty Publications
This note examines the considerations which led the United States Supreme Court to determine that a school board's authority over the administration of the schools is not absolute if the exercise of this authority violates the constitutional rights of the students. Second. the note explores the development of a student's right to receive information through a school library as a guarantee of the first amendment, a right that cannot be ignored by a school board when the board removes books which it considers to be inappropriate either because of the ideas presented in the books or because of the local …
Let The Author Beware: The Rejuvenation Of The American Law Of Libel, Rodney A. Smolla
Let The Author Beware: The Rejuvenation Of The American Law Of Libel, Rodney A. Smolla
Scholarly Articles
Not available.
The Future Of Defamation In Illinois After Colson V. Steig And Chapski V. The Copley Press, Inc., Rodney A. Smolla, Linda A. Malone
The Future Of Defamation In Illinois After Colson V. Steig And Chapski V. The Copley Press, Inc., Rodney A. Smolla, Linda A. Malone
Scholarly Articles
None available.
Error Correction, Lawmaking, And The Supreme Court’S Exercise Of Discretionary Review, Arthur D. Hellman
Error Correction, Lawmaking, And The Supreme Court’S Exercise Of Discretionary Review, Arthur D. Hellman
Articles
Controversies involving the United States Supreme Court generally center on the content of Court’s decisions, but in recent years, much attention has focused on the Court’s processes – in particular, two very different aspects of the Court’s modes of doing business. At one end of the spectrum, the number of cases receiving plenary consideration – full briefing, oral argument, and (almost invariably) a signed opinion – has shrunk to levels lower than any since the Civil War. At the other end, the Court has effectively resolved many high-profile disputes through unexplained orders granting or denying emergency relief in cases in …
The Future Of Defamation In Illinois After Colson V. Steig And Chapski V. Copley Press, Inc., Linda A. Malone, Rodney A. Smolla
The Future Of Defamation In Illinois After Colson V. Steig And Chapski V. Copley Press, Inc., Linda A. Malone, Rodney A. Smolla
Faculty Publications
No abstract provided.
Must Speech Be Special?, Frederick Schauer
An Attack On Categorical Approaches To Freedom Of Speech, Pierre J. Schlag
An Attack On Categorical Approaches To Freedom Of Speech, Pierre J. Schlag
Publications
No abstract provided.
Free Speech And Intellectual Values, Lee C. Bollinger
Free Speech And Intellectual Values, Lee C. Bollinger
Faculty Scholarship
In the preface to his book, The Negro and the First Amendment, Harry Kalven observed that the idea of free speech was marked by an unusually keen "quest for coherent general theory." Every area of the law, Kalven puzzled, was rife with inconsistency and ambiguity, yet inexplicably there was little tolerance· for anomalies in the field of free speech. As to why this was so, Kalven speculated that "free speech is so close to the heart of democratic organization that if we do not have an appropriate theory for our law here, we feel we really do not understand the …
The Flag Salute Cases And The First Amendment, Stephen W. Gard
The Flag Salute Cases And The First Amendment, Stephen W. Gard
Law Faculty Articles and Essays
The flag salute cases have been a source of endless fascination for legal and historical scholars. Most of this large body of scholarship has focused on the apparent oddity of Justice Frankfurter's view that there was no constitutional infirmity in the "petty tyranny" of a governmental requirement that school children engage in a hypocritical affirmation of belief. Unfortunately, the doctrinal importance of the opinions of Justices Jackson and Frankfurter in the flag salute cases as contrasting statements on the interpretation of the freedom of speech guarantee of the first amendment and the function of the judiciary in preserving our most …
The Ambush Interview: A False Light Invasion Of Privacy, Kevin F. O'Neill
The Ambush Interview: A False Light Invasion Of Privacy, Kevin F. O'Neill
Law Faculty Articles and Essays
The ''ambush" interview is a controversial investigative reporting technique permeating both national and local television news programming. In the typical ambush interview, a reporter and his news crew intercept an unsuspecting newsworthy subject on the street and bombard him with incriminating accusations ostensibly framed as questions. The ambush interviewee inevitably appears guilty before the viewing audience. This is due to a variety of forces, including the subject's severe credibility disadvantage and the accusatory nature of the reporter's questions. This Note applies a false light invasion of privacy analysis to the ambush technique and examines the nexus between the technique and …
The Sedition Of Free Speech, Lee C. Bollinger
The Sedition Of Free Speech, Lee C. Bollinger
Faculty Scholarship
Several years ago, a story appeared in The New York Times which provided a graphic illustration of how the Soviet government manipulates the news about itself. Each year on May Day, the Times reported, the Soviet leadership poses for a photograph while standing atop the Lenin tomb in Red Square. In the year of the Times story, however, the photograph had undergone a number of noticeable alterations as it appeared in the various government-run media outlets. One official had been removed altogether, another had been positioned a bit closer to Brezhnev, some who had not in fact been present were …