Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Series

First Amendment

1993

Institution
Keyword
Publication

Articles 1 - 30 of 35

Full-Text Articles in Law

The University In The Manner Of Tiananmen Square, William W. Van Alstyne Oct 1993

The University In The Manner Of Tiananmen Square, William W. Van Alstyne

Faculty Publications

No abstract provided.


Section 3: Free Speech And Press, Institute Of Bill Of Rights Law At The William & Mary Law School Sep 1993

Section 3: Free Speech And Press, Institute Of Bill Of Rights Law At The William & Mary Law School

Supreme Court Preview

No abstract provided.


The Right To Religion-Based Exemptions In Early America: The Case Of Conscientious Objectors To Conscription, Ellis M. West Jun 1993

The Right To Religion-Based Exemptions In Early America: The Case Of Conscientious Objectors To Conscription, Ellis M. West

Political Science Faculty Publications

One of the more controversial decisions handed down by the Supreme Court in recent years was its decision in the case of Employment Division, Oregon v. Smith, which raised the basic issue of whether the free exercise clause of the First Amendment guarantees a right to religion-based exemptions, i.e., whether it gives persons and groups a prima facie right to be exempt from having to obey valid laws when they have religious reasons for noncompliance. More specifically, in Smith, two Native Americans claimed that their prosecution for using an illegal drug, peyote, was precluded by the free exercise clause ...


Broadcasting And Speech, Jonathan Weinberg Jan 1993

Broadcasting And Speech, Jonathan Weinberg

Law Faculty Research Publications

It is illegal to speak over the airwaves without a broadcast license. The FCC grants those licenses, and decides whether they will be renewed, on the basis of a vague "public interest" standard. The resulting system of broadcast regulation conflicts, starkly and gratuitously, with ordinary free speech philosophy. In this Article, the author argues that that inconsistency is crucially linked to inadequacies in free speech theory itself Conventional free speech theory ignores the extent to which imbalances of private power limit freedom of expression. It presupposes that public discourse takes place on a rational plane. The author explores the link ...


Fast Food And False Friends In The Shopping Mall Of Ideas, Steven L. Winter Jan 1993

Fast Food And False Friends In The Shopping Mall Of Ideas, Steven L. Winter

Law Faculty Research Publications

No abstract provided.


Triangulating The Boundaries Of The Pentagon Papers, John Cary Sims Jan 1993

Triangulating The Boundaries Of The Pentagon Papers, John Cary Sims

McGeorge School of Law Scholarly Articles

No abstract provided.


Foreword: Religious Participation In Public Debate, Matthew Steffey Jan 1993

Foreword: Religious Participation In Public Debate, Matthew Steffey

Journal Articles

No abstract provided.


Is The New York Times "Actual Malice" Standard Really Necessary? A Comparative Perspective, Geoffrey Bennett, Russell L. Weaver Jan 1993

Is The New York Times "Actual Malice" Standard Really Necessary? A Comparative Perspective, Geoffrey Bennett, Russell L. Weaver

Journal Articles

No abstract provided.


Rust V. Sullivan And The Control Of Knowledge, Dorothy E. Roberts Jan 1993

Rust V. Sullivan And The Control Of Knowledge, Dorothy E. Roberts

Faculty Scholarship at Penn Law

No abstract provided.


The First Amendment Right To Petition Government For A Redress Of Grievances: Cut From A Different Cloth, 21 Hastings Const. L.Q. 15 (1993), Julie M. Spanbauer Jan 1993

The First Amendment Right To Petition Government For A Redress Of Grievances: Cut From A Different Cloth, 21 Hastings Const. L.Q. 15 (1993), Julie M. Spanbauer

UIC John Marshall Law School Open Access Faculty Scholarship

No abstract provided.


Church Of The Lukumi Babalu Aye V. City Of Hialeah, Paul Bader Jan 1993

Church Of The Lukumi Babalu Aye V. City Of Hialeah, Paul Bader

Faculty Articles and Papers

In Church of the Lukumi Babalu Aye v. City of Hialeah,1 a Florida district court has gone further than any other federal court in proscribing a church's right to exercise its religious beliefs. The district court found that the city's interests in public health, child welfare, and animal welfare were sufficient to override the protection provided under the free exercise clause of the First Amendment.2 After the Eleventh Circuit Court of Ap- peals affirmed in an unpublished opinion the Supreme Court granted cer- tiorari to decide whether the First Amendment3 protects a religion's prac- tice ...


Information, Imagery, And The First Amendment: A Case For Expensive Protection Of Commercial Speech, Rodney A. Smolla Jan 1993

Information, Imagery, And The First Amendment: A Case For Expensive Protection Of Commercial Speech, Rodney A. Smolla

Scholarly Articles

Not available.


Lee V. Weisman: A New Age For Establishment Clause Jurisprudence?, Elizabeth Brandt Jan 1993

Lee V. Weisman: A New Age For Establishment Clause Jurisprudence?, Elizabeth Brandt

Articles

No abstract provided.


Advocacy And Scholarship, Paul F. Campos Jan 1993

Advocacy And Scholarship, Paul F. Campos

Articles

The apex of American legal thought is embodied in two types of writings: the federal appellate opinion and the law review article. In this Article, the author criticizes the whole enterprise of doctrinal constitutional law scholarship, using a recent U.S. Supreme Court case and a Harvard Law Review article as quintessential examples of the dominant genre. In a rhetorical tour de force, the author argues that most of modern constitutional scholarship is really advocacy in the guise of scholarship. Such an approach to legal scholarship may have some merit as a strategic move towards a political end; however, it ...


Silence And The Word, Paul Campos Jan 1993

Silence And The Word, Paul Campos

Articles

No abstract provided.


Progressive Free Speech And The Uneasy Case For Campus Hate Codes, Robert F. Nagel Jan 1993

Progressive Free Speech And The Uneasy Case For Campus Hate Codes, Robert F. Nagel

Articles

No abstract provided.


How To Do Things With The First Amendment, Pierre Schlag Jan 1993

How To Do Things With The First Amendment, Pierre Schlag

Articles

No abstract provided.


Girls Should Bring Lawsuits Everywhere . . . Nothing Will Be Corrupted: Pornography As Speech And Product, Marianne Wesson Jan 1993

Girls Should Bring Lawsuits Everywhere . . . Nothing Will Be Corrupted: Pornography As Speech And Product, Marianne Wesson

Articles

No abstract provided.


Report Of The Coalition For A New America: Platform Section On Communications Policy, Rodney A. Smolla Jan 1993

Report Of The Coalition For A New America: Platform Section On Communications Policy, Rodney A. Smolla

Faculty Publications

No abstract provided.


Freedom Of Speech For Libraries And Librarians, Rodney A. Smolla Jan 1993

Freedom Of Speech For Libraries And Librarians, Rodney A. Smolla

Faculty Publications

Noting the recent bicentennial of the First Amendment to the United States Constitution, Professor Smolla considers the role of librarians in opposing censorship. He proposes a new principle of "professionalism" to establish the librarian's role, and discusses the principle in light of the Supreme Court's decision in Board of Education v. Pico.


Information, Imagery, And The First Amendment: A Case For Expansive Protection Of Commercial Speech, Rodney A. Smolla Jan 1993

Information, Imagery, And The First Amendment: A Case For Expansive Protection Of Commercial Speech, Rodney A. Smolla

Faculty Publications

No abstract provided.


Panhandlers At Yale: A Case Study In The Limits Of Law, Brandt Goldstein Jan 1993

Panhandlers At Yale: A Case Study In The Limits Of Law, Brandt Goldstein

Articles & Chapters

No abstract provided.


The Psychology Of First Amendment Scholarship: A Reply, David Skover, Ronald Collins Jan 1993

The Psychology Of First Amendment Scholarship: A Reply, David Skover, Ronald Collins

Faculty Scholarship

This essay was written as an afterword to the Colloquy entitled The First Amendment in a Commercial Culture, as a reply to commentaries on "Commerce & Communication" authored by Leo Bogart (advertising expert), Sut Jhally (professor of communications), Alex Kozinski (federal appellate judge) & Stuart Banner (attorney), and Rodney Smolla (law professor). The authors, Professors Skover and Collins, had hoped that Commerce & Communication would prompt new debate and discussion about certain First Amendment issues. However, judging from thier colleagues' reactions, there may well be more of the former than the latter. But in the scheme of things, who's to complain about ...


Constitutional Adventures In Wonderland: Exploring The Debate Between Rules And Standards Through The Looking Glass Of The First Amendment, David L. Faigman Jan 1993

Constitutional Adventures In Wonderland: Exploring The Debate Between Rules And Standards Through The Looking Glass Of The First Amendment, David L. Faigman

Faculty Scholarship

No abstract provided.


Intrusion And The Investigative Reporter, Lyrissa Barnett Lidsky Jan 1993

Intrusion And The Investigative Reporter, Lyrissa Barnett Lidsky

UF Law Faculty Publications

In an award-winning series of Houston Chronicle articles, reporter Nancy Stancill uncovered shocking conditions in Texas nursing homes. 7 However, reforms were not implemented until 20/20, following Stancill's lead, conducted a three-month, undercover investigation of the treatment of elderly residents at Texas state and private nursing home facilities.

By employing subterfuge to gather news, the 20/20 reporters enhanced the immediacy and credibility of the resulting story. As one journalist argued, "[Jiust describing the conditions wouldn't have cut it. They had to be seen."

Using the 20/20 case as a paradigm, this Note argues that, in ...


The Right To Religion-Based Exemptions In Early America: The Case Of Conscientious Objectors To Conscription, Ellis M. West Jan 1993

The Right To Religion-Based Exemptions In Early America: The Case Of Conscientious Objectors To Conscription, Ellis M. West

Political Science Faculty Publications

One of the more controversial decisions handed down by the Supreme Court in recent years was its decision in the case of Employment Division, Oregon v. Smith, which raised the basic issue of whether the free exercise clause of the First Amendment guarantees a right to religion-based exemptions, i.e., whether it gives persons and groups a prima facie right to be exempt from having to obey valid laws when they have religious reasons for noncompliance. More specifically, in Smith, two Native Americans claimed that their prosecution for using an illegal drug, peyote, was precluded by the free exercise ...


The Pc Harangue, James Boyle Jan 1993

The Pc Harangue, James Boyle

Faculty Scholarship

No abstract provided.


Cover Your Ears, John H. Garvey Jan 1993

Cover Your Ears, John H. Garvey

Scholarly Articles and Other Contributions

Lee v. Weisman holds that public schools cannot offer prayers at graduation ceremonies. It has another curious implication: according to George Dent, it also means that public schools must excuse religious dissenters from offensive parts of the currculum. I think this is an astute observation. The issues are not alike doctrinally Weisman is an Establishment Clause case; the curriculum cases are Free Exercise cases. But the schools cause similar harms in both cases; they do so mostly by exposing children to unwelcome ideas. Why is this so upsetting? Why object to hearing people talk? I want to make three observations ...


Black And White Images, John H. Garvey Jan 1993

Black And White Images, John H. Garvey

Scholarly Articles and Other Contributions

In 1989 the National Endowment for the Arts (the "NEA") caused a stir by funding two exhibitions of photographs by Robert Mapplethorpe and Andres Serrano. The pictures were vulgar and irreverent, and many people thought that the NEA should not sponsor them with tax money. Whether the NEA can actually control the content of speech that it pays for is a hard First Amendment question. I want to look at how Congress has tried to answer it. Congress seriously considered two solutions, and adopted one of them in 1990. Both rely on analogies drawn from the area of race relations ...


Identity, Speech, And Equality, Nan D. Hunter Jan 1993

Identity, Speech, And Equality, Nan D. Hunter

Georgetown Law Faculty Publications and Other Works

My experience as a litigator tells me that the First Amendment as provided the most reliable path to success of any of the doctrinal claims utilized by lesbian and gay rights lawyers. Certainly no other block of cases can rival the success rate of the cases seeking recognition and even funding of lesbian and gay student organizations, all of which were brought on First Amendment grounds and ultimately won by plaintiffs.