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Full-Text Articles in Law
Regulating Pornography: Recent Legal Trends, Alan C. Weinstein
Regulating Pornography: Recent Legal Trends, Alan C. Weinstein
Law Faculty Articles and Essays
Since the Supreme Court's 1976 decision in Young v. American Mini Theaters, Inc., 427 U.S. 50 (1976) local governments have been permitted to single out adult bookstores and theaters for special regulatory treatment.' In the wake of Young, many municipalities enacted "pornography zoning" ordinances based on the Detroit dispersion model. Observing this trend in 1978, the Harvard Law Review noted that these municipalities were interpreting Young as approving pornography zoning as constitutionally acceptable "in nearly all circumstances." 2 This interpretation seemed incorrect, however, to the Review's editors: "Detroit's pornography zoning was found to satisfy three established First Amendment criteria; future …
Free Speech Or Economic Weapon? The Persisting Problem Of Picketing, Theodore J. St. Antoine
Free Speech Or Economic Weapon? The Persisting Problem Of Picketing, Theodore J. St. Antoine
Articles
"Peaceful picketing," the United States Supreme Court has said, "is the workingman's means of communication."' One line of analysis is that, as a means of communication, picketing is free speech and is therefore entitled to every constitutional protection afforded other forms of expression. This means that it cannot be subjected to special restrictions, such as antiboycott curbs, simply because it is picketing. The opposing line of analysis is that picketing is not simply speech; it is "speech plus." The "plus" element removes picketing from the realm of pure speech and enables it to be regulated in ways that the Constitution …
A Graphic Review Of The Free Speech Clause, William W. Van Alstyne
A Graphic Review Of The Free Speech Clause, William W. Van Alstyne
Faculty Scholarship
This work acts as a spring board for the study of the Free Speech Clause of the First Amendment. It builds useful graphical representations of complex constitutional theories from the ground up, allowing students to follow both development and the application of these theories.
The Skokie Legacy: Reflections On An "Easy Case" And Free Speech Theory, Lee C. Bollinger
The Skokie Legacy: Reflections On An "Easy Case" And Free Speech Theory, Lee C. Bollinger
Faculty Scholarship
Few legal disputes in the last decade captured public attention with such dramatic force as that involving a small band of Nazis and the village of Skokie. For well over a year, the case was seldom out of the news and often thought to merit front page coverage. It all began in the spring of 1977 when Frank Collin, the leader of the Chicago-based National Socialist Party of America, requested a permit to march in front of the Skokie village hall. The community, with a Jewish population of over 40,000, several thousand of whom had survived the Holocaust, mobilized all …