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First Amendment

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Losing Liberty: A Biblical Defense For The Freedom Of Speech On Campus, Joseph J. Martins Apr 2020

Losing Liberty: A Biblical Defense For The Freedom Of Speech On Campus, Joseph J. Martins

Faculty Publications and Presentations

In the following scenario, two student groups face a philosophical dilemma at a major state university. The Young Democratic Socialists of America (YDSA) has invited Representative Alexandria Ocasio-Cortez to campus to lecture on the advantages of adopting socialism as America’s central financial policy. However, for the following week, Young America’s Foundation (YAF) has invited Donald Trump, Jr. to discuss how capitalism has made America a great nation. YDSA and YAF vigorously oppose the views that will be presented by the other organization’s speaker. YDSA believes that capitalism leads to gross income inequality and consolidation of power in the top 1%,2 …


The One Fixed Star In Higher Education: What Standard Of Judicial Scrutiny Should Courts Apply To Compelled Curricular Speech In The Public University Classroom, Joseph J. Martins Jan 2017

The One Fixed Star In Higher Education: What Standard Of Judicial Scrutiny Should Courts Apply To Compelled Curricular Speech In The Public University Classroom, Joseph J. Martins

Faculty Publications and Presentations

Virtually three-quarters of a century ago, the Supreme Court in West Virginia State Board of Education v. Barnette recognized that the First Amendment protects citizens from being forced to speak. Often, new legal doctrines are announced cautiously and narrowly in anticipation of future judicial development. Not so with Barnette. The Court boldly proclaimed that the right to be free from state-compelled affirmation is so fundamental that it stands as the one “fixed star in our constitutional constellation” that cannot be moved. State assertions of power that seek to coerce citizens to affirm government-approved ideas will inevitably fail, except when narrowly …


Preacher Man V. Porn King: A Legal, Cultural, And Moral Drama Starring Jerry Falwell, Larry Flynt, And The First Amendment, Tory L. Lucas Aug 2007

Preacher Man V. Porn King: A Legal, Cultural, And Moral Drama Starring Jerry Falwell, Larry Flynt, And The First Amendment, Tory L. Lucas

Faculty Publications and Presentations

Take one part proselytizing, political Southern Baptist televangelist, one part obnoxious, media-seeking pornographer, and one part First Amendment free speech, and you get the colossal legal, cultural, and moral battle embodied in the seminal Supreme Court case of Hustler Magazine v. Falwell. It all started in late 1983 with a controversial and despicable ad parody of a man and his mother that culminated in an aggressive legal battle between litigants on polar opposites of the moral and legal spectrum. Going behind the text of the Supreme Court decision, this article delves into the history behind the unique circumstances that made …