Law Commons^™

Public Access To Civil Court Records: A Common Law Approach, Ronald D. May

Vanderbilt Law Review

Courts have long recognized a general common law right of access to courtroom proceedings' and court records. Recently, however, courts have begun to consider whether the first amendment of the Constitution protects this right of access. In 1980 the United States Supreme Court in Richmond Newspapers, Inc. v. Virginia held that the press and the public have a first amendment right to attend criminal trials. The Supreme Court found this right implicit in the various clauses of the first amendment. Although the Supreme Court has taken few opportunities since Richmond Newspapers to define precisely the contours of the first amendment …

Broadcasters' First Amendment Rights: A New Approach?, L. Allyn Dixon, Jr.

Vanderbilt Law Review

The passage of the Public Broadcasting Act of 1967 offered the blueprint for the modern system of public broadcasting and regulation and largely freed noncommercial broadcasting to become a viable alternative to the commercial broadcasting" offered by the three national networks. Since becoming intimately involved in noncommercial broadcasting by providing partial funding, the federal government has imposed regulations on noncommercial broadcasters far more rigid than the restrictions imposed on commercial broadcasters. Recently, however, in a decision that some might regard as heralding greater equality between the first amendment rights of commercial and noncommercial broadcasters and continuing the trend toward loosening …

Justice Jackson's Flag Salute Legacy: The Supreme Court Struggles To Protect Intellectual Individualism, Leora Harpaz

Faculty Scholarship

The first amendment has long protected a complex and interwoven range of individual interests. Protected freedoms often involve expressive activities-religion, speech, the press, assembly, and association. The first amendment also protects an individual's freedom to refrain from expressive activity.

Two distinct kinds of liberty interest support the right to refrain from expressive activity. First, individuals have an interest in not being forced to reveal information about personal beliefs or associations. Such a claim may arise in a variety of contexts: a reporter may not wish to reveal the identity of news sources for fear of discouraging future revelations; a public …

The Supreme Court’S 1984–85 Church-State Decisions: Judicial Paths Of Least Resistance, Ruti G. Teitel

Articles & Chapters

No abstract provided.

Five Views Of Church-State Relations In Contemporary American Thought, Carl H. Esbeck

Faculty Publications

Views concerning the appropriate relationship between church and state are rapidly becoming almost as numerous as America's religious sects. The Constitution's treatment of religious liberty, thought by many to be a matter long settled, has now erupted into a many-sided debate. Not only lawyers, judges and legal commentators are involved; historians and sociologists, theologians and ecclesiastics, political theorists and statesmen also participate in the debate. It is part of a much larger struggle over a redefinition, or for some a reclamation, of the role of religion in American public life. At times this debate focuses on discrete environments, such as …

Debating Conviction Against Conviction — Constitutional Considerations On The Sanctuary Movement, Ruti G. Teitel

Articles & Chapters

No abstract provided.

Recent Developments: Bethel School District No. 403 V. Fraser: First Amendment Does Not Prevent School District From Disciplining Student For Giving Offensively Lewd And Indecent Speech, Steven M. Schrier

University of Baltimore Law Forum

No abstract provided.

The Residential Tenant's Right To Freedom Of Political Expression, James E. Lobsenz, Timothy M. Swanson

Seattle University Law Review

This Article outlines the arguments to be made on behalf of residential tenants who display political signs and who encounter threats of eviction, rent increases, and other forms of landlord opposition. In Section II, the Article describes the development of the general principles of constitutional law applicable to disputes between property owners and tenants who wish to use the property owners’ premises as a forum for the expression of the tenants’ ideas and beliefs. Tracing the history of the United States Supreme Court rulings in this area, the authors analyze the waxing and waning of first amendment speech rights, the …

Public Forum Analysis After Perry Education Association V. Perry Local Educator's Association - A Conceptual Approach To Claims Of First Amendment Access To Publicly Owned Property, Peter Jakab

Fordham Law Review

No abstract provided.

Tort Claims Against Churches And Ecclesiastical Officers: The First Amendment Considerations, Carl H. Esbeck

Faculty Publications

Federal and state courts are increasingly confronted with the unenviable task of giving legal definition to matters affecting relations between religion and government.' Many of the lawsuits pitting church against state are surface manifestations of a more fundamental disintegration of an American public philosophy.