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Articles 1 - 21 of 21
Full-Text Articles in Law
Corporation Of The Presiding Bishop Of The Church Of Jesus Christ Of Latter-Day Saints V. Amos, Lewis F. Powell Jr
Corporation Of The Presiding Bishop Of The Church Of Jesus Christ Of Latter-Day Saints V. Amos, Lewis F. Powell Jr
Supreme Court Case Files
No abstract provided.
Board Of The Airport Commissioners Of The City Of Los Angeles V. Jews For Jesus, Inc., Lewis F. Powell Jr.
Board Of The Airport Commissioners Of The City Of Los Angeles V. Jews For Jesus, Inc., Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Free Speech And Corporate Freedom: A Comment On First National Bank Of Boston V. Bellotti, Carl E. Schneider
Free Speech And Corporate Freedom: A Comment On First National Bank Of Boston V. Bellotti, Carl E. Schneider
Articles
The corporation was born in chains but is everywhere free. That freedom was recently affirmed by the United States Supreme Court in First National Bank of Boston v. Bellotti. In Bellotti, the Court overturned a Massachusetts criminal statute forbidding banks and business corporations to make expenditures intended to influence referenda concerning issues not "materially affecting" the corporation's "property, business, or assets." In doing so, the Court confirmed its discovery that commercial speech is not unprotected by the first amendment and announced a novel doctrine that corporate speech is not unprotected by the first amendment. Although several years have …
New Rules For Zoning Adult Uses: The Supreme Court's Renton Decision, Alan Weinstein
New Rules For Zoning Adult Uses: The Supreme Court's Renton Decision, Alan Weinstein
Law Faculty Articles and Essays
This term, for the third time in 10 years, the U.S. Supreme Court considered the validity of zoning that restricts the location or operation of businesses that trade in sexually oriented books, magazines, movies, or entertainment. Restrictions on such "adult businesses" raise serious constitutional issues because the First Amendment's guarantee of freedom of speech extends to sexually oriented media so long as the material is not considered obscene. In the latest case, City of Renton v. Playtime Theatres, 106 S.Ct. 925 (1986), 38 ZD 258, the Court upheld a zoning ordinance that limited the location of theaters exhibiting adult movies …
On Evidences And Intentions: The More Proof, The More Doubt, Carol Weisbrod
On Evidences And Intentions: The More Proof, The More Doubt, Carol Weisbrod
Faculty Articles and Papers
No abstract provided.
When Separate Is Equal: Why Organized Religious Exercises, Unlike Chess, Do Not Belong In The Public Schools (Symposium: Freedom Of Association), Ruti Teitel
Articles & Chapters
No abstract provided.
The Supreme Court’S 1984–85 Church-State Decisions: Judicial Paths Of Least Resistance, Ruti G. Teitel
The Supreme Court’S 1984–85 Church-State Decisions: Judicial Paths Of Least Resistance, Ruti G. Teitel
Articles & Chapters
No abstract provided.
From Freedom Of Commercial Speech To Consumer's Freewill: Comparative Advertising As A Watchdog Of Consumer's Interests, France Michel
From Freedom Of Commercial Speech To Consumer's Freewill: Comparative Advertising As A Watchdog Of Consumer's Interests, France Michel
LLM Theses and Essays
According to the first amendment’s freedom of commercial speech theory, comparative advertising should represent the ultimate in terms of “right to speak” and “right to listen” in the marketplace of goods. Although the first right is severely regulated by government and private bodies in order to insure a greater protection to consumers exercising the second; this goal is not always achieved. Thanks mainly to the FTC’s initiatives and the support of its private pupils, consumer protection has evolved from “caveat emptor” to “caveat vendor.” The practice of comparative advertising might also make its contribution to the expansion of advertising’s Latin …
First Amendment Restrictions On Title I Programs In Private Schools, Laura Gaston Dooley
First Amendment Restrictions On Title I Programs In Private Schools, Laura Gaston Dooley
Law Faculty Publications
No abstract provided.
Developments In Civil Liberties: 1984-85 Term, Ivan E. Bodensteiner, Rosalie Levinson
Developments In Civil Liberties: 1984-85 Term, Ivan E. Bodensteiner, Rosalie Levinson
Law Faculty Publications
No abstract provided.
Freedom Of Speech As Therapy, Pierre Schlag
Congressional Power And Free Speech: Levy’S Legacy Revisited, William W. Van Alstyne
Congressional Power And Free Speech: Levy’S Legacy Revisited, William W. Van Alstyne
Faculty Publications
No abstract provided.
Life Without "Must Carry": A Preliminary Analysis, Michael Botein
Life Without "Must Carry": A Preliminary Analysis, Michael Botein
Other Publications
No abstract provided.
Problems In Search Of Principles: The First Amendment In The Supreme Court From 1791-1930, Howard Hunter
Problems In Search Of Principles: The First Amendment In The Supreme Court From 1791-1930, Howard Hunter
Research Collection Yong Pung How School Of Law
During the past decade scholars have published a tremendous number of articles on the first amendment. Yet with all that has been written about the freedoms of speech, press, assembly, and religion, there remains an urge to read more and to write more. The process seems almost as important as the subject.
A "Conservative" Judge And The First Amendment: Judicial Restraint And Freedom Of Expression, Daniel O. Conkle
A "Conservative" Judge And The First Amendment: Judicial Restraint And Freedom Of Expression, Daniel O. Conkle
Articles by Maurer Faculty
No abstract provided.
Washington's Ballot Restriction For Minor Party Candidates: When Is A Primary Not A Primary?, Emily Calhoun
Washington's Ballot Restriction For Minor Party Candidates: When Is A Primary Not A Primary?, Emily Calhoun
Publications
No abstract provided.
Congressional Power And Free Speech: Levy’S Legacy Revisited, William W. Van Alstyne
Congressional Power And Free Speech: Levy’S Legacy Revisited, William W. Van Alstyne
Faculty Scholarship
No abstract provided.
Free Exercise And The Values Of Religious Liberty, John H. Garvey
Free Exercise And The Values Of Religious Liberty, John H. Garvey
Scholarly Articles
One thing that has always bothered me about free exercise jurisprudence is that it rests on values we have seldom tried to state, much less justify. In a way this is not surprising. We have only recently abandoned the assumption, which may never have been true, that Americans share a common understanding of language about God and transcendent values. That understanding made it unnecessary to define for nonspeakers a meaning that even believers have trouble putting into words. But today we are probably not "a religious people whose institutions presuppose a Supreme Being-at least not if "religious" is supposed to …
The Trial Of John Peter Zenger, Michael E. Tigar
The Trial Of John Peter Zenger, Michael E. Tigar
Faculty Scholarship
No abstract provided.
Conflicts Between Copyright And The First Amendment After Harper & Row, Publishers V. Nation Enterprises, David E. Shipley
Conflicts Between Copyright And The First Amendment After Harper & Row, Publishers V. Nation Enterprises, David E. Shipley
Scholarly Works
The relationship between copyright and the first amendment has been discussed repeatedly in the past fifteen years. A free speech privilege has been asserted as a defense in many copyright infringement actions, and the topic has been the subject of lively academic debate. Although no court has held an infringement claim to be defeated by a first amendment defense, considerable attention has been paid to the potential conflict between copyright and free speech interests. Commentators have speculated that in some situations copyright protection could impermissibly abridge the first amendment. The United States Supreme Court's decision in Harper & Row, Publishers …
Statements Of Fact, Statements Of Opinion, And The First Amendment, Jeffrey E. Thomas
Statements Of Fact, Statements Of Opinion, And The First Amendment, Jeffrey E. Thomas
Faculty Works
No abstract provided.