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Series

2001

Faculty Publications

First amendment

Articles 1 - 3 of 3

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 ...


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.