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Constitutional Law

First Amendment

Institution
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Publication

Articles 31 - 48 of 48

Full-Text Articles in Law

Ideological Conflict And The First Amendment, Steven J. Heyman Feb 2003

Ideological Conflict And The First Amendment, Steven J. Heyman

All Faculty Scholarship

According to the prevailing view, constitutional interpretation ideally should consist in the development and application of a single, unified set of principles. This Essay challenges this position in the context of free speech jurisprudence. As the constitutional debates of 1787-91 show, the First Amendment and the Bill of Rights did not reflect a single view, but instead were intended to reconcile conflicting views on the proper relationship between liberty and government. In order to obtain the broad support necessary for adoption, the Bill of Rights was deliberately drafted on the level of general principles that could command a consensus. When ...


Choice Programs And Market-Based Separationism, Paul E. Salamanca Oct 2002

Choice Programs And Market-Based Separationism, Paul E. Salamanca

Law Faculty Scholarly Articles

The Supreme Court's recent decision in Zelman v. Simmons-Harris appears to clear the way for a wide variety of educational and charitable choice plans. In this decision, the Court upheld against Establishment Cause Challenge a formally neutral school choice program that encompassed a wide variety of options in the public and private sector, including private sectarian schools. The Court reasoned that, when the government makes aid available to a broad class of recipients without regard to their religious or non-religious affiliation, and when the recipients have a genuine choice as to whether to obtain that aid from a religious ...


The Pennsylvania Constitution's Protection Of Free Expression, Seth F. Kreimer Oct 2002

The Pennsylvania Constitution's Protection Of Free Expression, Seth F. Kreimer

Faculty Scholarship at Penn Law

No abstract provided.


Spheres Of Autonomy: Reforming The Content Neutrality Doctrine In First Amendment Jurisprudence, Steven J. Heyman Feb 2002

Spheres Of Autonomy: Reforming The Content Neutrality Doctrine In First Amendment Jurisprudence, Steven J. Heyman

All Faculty Scholarship

In recent decades, the doctrine of content neutrality has become the cornerstone of First Amendment jurisprudence. In the leading case of Police Department v. Mosley (1972), the Supreme Court declared that speech may "never" be regulated because of its content, for that would be "the essence of . . . censorship." If this view were taken literally, however, it would disable government from regulating speech even when necessary to prevent serious injury to individuals or society. In response to this concern, the Court has carved out several exceptions to the neutrality doctrine. Yet the Justices have never succeeded in explaining the rationale for ...


Free Speech Rationales After September 11th: The First Amendment In Post-World Trade Center America, Marin Roger Scordato Jan 2002

Free Speech Rationales After September 11th: The First Amendment In Post-World Trade Center America, Marin Roger Scordato

Scholarly Articles and Other Contributions

The tragic events of September 11th generated numerous proposals for greater security measures and increased police powers that might, if implemented, constrict the customary scope of free speech in the United States. Legitimate concerns for internal security have placed increased pressures on traditional constitutional protections for expressive activity. It is against this backdrop that this article presents a careful examination of the basic rationales for adopting constitutional level protections for free speech. The article analyzes the nature of, and many of the conflicts among, the traditional rationales for a constitutional right of free expression. It also suggests that much of ...


Section 1983, The First Amendment, And Public Employee Speech: Shaping The Right To Fit The Remedy (And Vice Versa), Michael Wells Apr 2001

Section 1983, The First Amendment, And Public Employee Speech: Shaping The Right To Fit The Remedy (And Vice Versa), Michael Wells

Scholarly Works

This Article is not about theories of free speech and how they bear on the public employment context, nor does it contribute to the academic debate over what the aims of public employee speech law ought to be. I take the Court at its word when it says that its aim is to give substantial weight to both the value of speech and the government's interest as an employer. Unlike Massaro and Ingber, I take it as a given that the government may insist on hierarchy and obedience to authority in the workplace. Unlike Rosenthal, I begin from the ...


Technologies Of Protest: Insurgent Social Movements And The First Amendment In The Era Of The Internet, Seth F. Kreimer Jan 2001

Technologies Of Protest: Insurgent Social Movements And The First Amendment In The Era Of The Internet, Seth F. Kreimer

Faculty Scholarship at Penn Law

No abstract provided.


On Casebooks And Canons Or Why Bob Jones University Will Never Be Part Of The Constitutional Law Canon, Neal Devins Jul 2000

On Casebooks And Canons Or Why Bob Jones University Will Never Be Part Of The Constitutional Law Canon, Neal Devins

Faculty Publications

No abstract provided.


State Supported Speech, Steven J. Heyman Feb 1999

State Supported Speech, Steven J. Heyman

All Faculty Scholarship

No abstract provided.


Righting The Balance: An Inquiry Into The Foundations And Limits Of Freedom Of Expression, Steven J. Heyman Feb 1998

Righting The Balance: An Inquiry Into The Foundations And Limits Of Freedom Of Expression, Steven J. Heyman

All Faculty Scholarship

Contemporary disputes over the First Amendment often result in deadlock. One side stresses the paramount value of free speech, while the other side points to the harms that particular kinds of speech can cause. It is difficult to see how this impasse can be broken without a more general account of the scope of free expression: a view that integrates both the justifications and the limits of freedom of speech into a coherent whole. This Article makes a start toward developing such a theory. Its central thesis is that freedom of speech is a right that is limited by the ...


Constitutional Law: Nude Dancing And Political Speech As Protected Expression- The Scope Of The Due Process Guarantee, Rosalie Levinson Jan 1991

Constitutional Law: Nude Dancing And Political Speech As Protected Expression- The Scope Of The Due Process Guarantee, Rosalie Levinson

Law Faculty Publications

In a 1988 address, Chief Justice Shepard invited Indiana practitioners to reexamine the Indiana Constitution as a potentially significant source for the protection of individual liberty. Although there has been some movement in this direction in defending the rights of criminals, there has been little civil rights litigation brought under the Indiana Constitution. Therefore, this Article will explore state and federal court cases that raise significant federal constitutional issues implicating Indiana law and Indiana litigants. The most noteworthy cases during the survey period dealt with freedom of expression and the due process clause.


The Doctrine Of Accommodation In The Jurisprudence Of The Religion Clauses, Sarah Barringer Gordon, Arlin M. Adams Jan 1988

The Doctrine Of Accommodation In The Jurisprudence Of The Religion Clauses, Sarah Barringer Gordon, Arlin M. Adams

Faculty Scholarship at Penn Law

No abstract provided.


Note, Content Regulation And The Dimensions Of Free Expression, Steven J. Heyman Feb 1983

Note, Content Regulation And The Dimensions Of Free Expression, Steven J. Heyman

All Faculty Scholarship

No abstract provided.


Globe Newspaper Co. V. Superior Court For The County Of Norfolk, Lewis F. Powell Jr. Oct 1981

Globe Newspaper Co. V. Superior Court For The County Of Norfolk, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


United States V. Lee, Lewis F. Powell Jr. Oct 1981

United States V. Lee, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Smith V. Daily Mail Publishing Co., Lewis F. Powell Jr. Oct 1978

Smith V. Daily Mail Publishing Co., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Wooley V. Maynard, Lewis F. Powell Jr. Oct 1976

Wooley V. Maynard, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


United States V. Orito, Lewis F. Powell Jr. Oct 1972

United States V. Orito, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.