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Full-Text Articles in Law

Religion And The First Amendment: Some Causes Of The Recent Confusion, Carl H. Esbeck Jul 2001

Religion And The First Amendment: Some Causes Of The Recent Confusion, Carl H. Esbeck

Faculty Publications

The United States Supreme Court is surely guilty of making the matter of religion and the First Amendment harder than it ought to be. But it is others who have kept the debate over church/state relations either poisoned with culture-war rhetoric or so shrouded in mystery that seemingly only experts can untangle the juris-prudential snarls. By surrounding this venerable Amendment with a pseudocomplexity concerning the matter of religion these disinformation specialists create confusion, and confusion begets opportunities for further distortion and manipulation. Disagreements over the free exercise of religion and the no-establishment thereof are far simpler to resolve than ...


Censorship Tsunami Spares College Media: To Protect Free Expression On Public Campuses, Lessons From The "College Hazelwood" Case, Richard J. Peltz-Steele Jan 2001

Censorship Tsunami Spares College Media: To Protect Free Expression On Public Campuses, Lessons From The "College Hazelwood" Case, Richard J. Peltz-Steele

Faculty Publications

Since the advent of journalism schools in the college academy, student publications have taken their place as a vital component of campus life. As counterparts to the Fourth Estate in the society at large, college journalists act as watchdogs on student government, ensuring that student money is wisely spent and student justice equitably administered. As an outpost of the Fourth Estate, college journalism serves all the public by monitoring the administration of higher education. In September 1999, a decision from the U.S. Court of Appeals for the Sixth Circuit threatened to radically distort the face of college journalism by ...


Cybergossip Or Securities Fraud? Some First Amendment Guidance In Drawing The Line., Lyrissa Lidsky, Michael Pike Jan 2001

Cybergossip Or Securities Fraud? Some First Amendment Guidance In Drawing The Line., Lyrissa Lidsky, Michael Pike

Faculty Publications

No abstract provided.


Beyond Campaign Finance: The First Amendment Implications Of Nixon V. Shrink Missouri Pac, Christina E. Wells Jan 2001

Beyond Campaign Finance: The First Amendment Implications Of Nixon V. Shrink Missouri Pac, Christina E. Wells

Faculty Publications

This essay, however, is less concerned with the campaign finance aspects of Shrink than with the decision's broader implications. In the course of its decision, the Shrink Court not only obfuscated the standard of scrutiny applicable to contribution regulations, it effectively ignored the government's lack of factual support for the law, instead accepting the state's assertions at face-value. Consequently, Shrink is far more than a simple application of Buckley. Rather, it reflects fundamental problems with the Court's standards of review in First Amendment cases generally. The more global nature of Shrink's problems suggest that, despite ...


Introduction: The Difficult First Amendment, Christina E. Wells Jan 2001

Introduction: The Difficult First Amendment, Christina E. Wells

Faculty Publications

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for redress of grievances.