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1995

First Amendment

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Institution
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Articles 1 - 24 of 24

Full-Text Articles in Law

The Arts: A Traditional Sphere Of Free Expression? First Amendment Implications Of Government Funding To The Arts In The Aftermath Of Rust V. Sullivan , Thomas P. Leff Dec 1995

The Arts: A Traditional Sphere Of Free Expression? First Amendment Implications Of Government Funding To The Arts In The Aftermath Of Rust V. Sullivan , Thomas P. Leff

American University Law Review

No abstract provided.


The Arts: A Traditional Sphere Of Free Expression? First Amendment Implications Of Government Funding To The Arts In The Aftermath Of Rust V. Sullivan , Thomas P. Leff Dec 1995

The Arts: A Traditional Sphere Of Free Expression? First Amendment Implications Of Government Funding To The Arts In The Aftermath Of Rust V. Sullivan , Thomas P. Leff

American University Law Review

No abstract provided.


Closing The Barn Door After The Genie Is Out Of The Bag: Recognizing A "Futility Principle" In First Amendment Jurisprudence, Eric Easton Oct 1995

Closing The Barn Door After The Genie Is Out Of The Bag: Recognizing A "Futility Principle" In First Amendment Jurisprudence, Eric Easton

All Faculty Scholarship

This article argues for a simple proposition: the First Amendment imposes a presumption against the suppression of speech when suppression would be futile. Suppression is futile when the speech is available to the same audience through some other medium or at some other place. The government can overcome this presumption of futility only when it asserts an important interest that is unrelated to the content of the speech in question, and only when the suppression directly advances that interest.

In Part I, the article explores the role that this unarticulated "futility principle" has played in Supreme Court and other decisions ...


Rules Of The Road: The Constitutional Limits Of Restricting Indecent Speech On The Information Superhighway, Stacey J. Rappaport Oct 1995

Rules Of The Road: The Constitutional Limits Of Restricting Indecent Speech On The Information Superhighway, Stacey J. Rappaport

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Rico And The First Amendment: Alexander V. United States, Bruno C. Bier Oct 1995

Rico And The First Amendment: Alexander V. United States, Bruno C. Bier

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


New Restrictions On Academic Free Speech: Jeffries V. Harleston Ii, Richard H. Hiers Oct 1995

New Restrictions On Academic Free Speech: Jeffries V. Harleston Ii, Richard H. Hiers

UF Law Faculty Publications

Notwithstanding academic freedom's venerable and near-sacrosanct place among academicians in the United States today, the Supreme Court first accorded it constitutional status only in the 1950s. The Court did not recognize First Amendment speech rights of public employees generally until 1968. In subsequent years, the Court evolved two separate lines of cases: the one relating to, and generally protective of, academic freedom in public colleges and universities; the other, relating to the speech rights of public school teachers and public employees in other work contexts. The Supreme Court has yet to address the question whether the severely restrictive standards ...


People Do Read Large Ads: The Law Of Advertising From Outer Space, Don E. Tomlinson, Rob L. Wiley Apr 1995

People Do Read Large Ads: The Law Of Advertising From Outer Space, Don E. Tomlinson, Rob L. Wiley

Federal Communications Law Journal

Although many may not be aware of it; the .technological capability currently exists to launch large, billboard-type advertisements into outer space. These ads could be as large as a full moon, and last for an almost infinite duration. Reaction to the possibility of space advertising has been generally negative, with many expressing concerns about the aesthetic effect of floating space billboards. One recent example of this is the proposal to launch a billboard containing the five-ring Olympic symbol in connection with Atlanta's hosting the 1996 Olympics, which was rejected by Mayor Maynard Jackson as "environmental pollution." Despite the fact ...


The Changing Landscape Of First Amendment Jurisprudence In Light Of The Technological Advances In Media, John M. Phelan, Robert F. Schneider, Steven Shapiro, Jacob Zamansky Mar 1995

The Changing Landscape Of First Amendment Jurisprudence In Light Of The Technological Advances In Media, John M. Phelan, Robert F. Schneider, Steven Shapiro, Jacob Zamansky

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Censorship On The Internet: Do Obscene Or Pornographic Materials Have A Protected Status?, Paula Franzese, J. Robert Flores, Peter D. Kennedy, Robert T. Perry Mar 1995

Censorship On The Internet: Do Obscene Or Pornographic Materials Have A Protected Status?, Paula Franzese, J. Robert Flores, Peter D. Kennedy, Robert T. Perry

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Anonymous Campaign Literature And The First Amendment, Erika Lietzan Jan 1995

Anonymous Campaign Literature And The First Amendment, Erika Lietzan

Faculty Publications

Presently, forty-eight states and the District of Columbia have statutes that require the disclosure of some party's identity (for example, an author or a sponsor) on political literature pertaining to elections. The most common explanations given for these statutes are that they deter fraud and libel in the election arena and that they provide valuable information to the voters. Because these statutes regulate core political speech, however, they necessarily implicate the First Amendment to the United States Constitution. Although campaign disclosure laws have been both struck down and sustained by state courts reviewing appealed convictions, the decisions have been ...


The Second Adoption Of The Establishment Clause: The Rise Of The Non-Establishment Principle, Kurt T. Lash Jan 1995

The Second Adoption Of The Establishment Clause: The Rise Of The Non-Establishment Principle, Kurt T. Lash

Law Faculty Publications

In the 70 years since Gitlow first incorporated the First Amendment protections of speech and press against the states, the Establishment Clause has been a boon to incorporation's enemies and an embarrassment to its friends. Scholars who make the historical case for general incorporation either ignore, or carefully distinguish, the case of the Establishment Clause. Anti-incorporationists, on the other hand, use the case against incorporation of the Establishment Clause as their cause celebre. In fact, so wonderfully ambiguous is the history surrounding this opening line of the Bill of Rights that originalists use it to attack incorporation, and nonoriginalists ...


Authors, Editors, And Uncommon Carriers: Identifying The "Speaker" Within The New Media, Michael I. Meyerson Jan 1995

Authors, Editors, And Uncommon Carriers: Identifying The "Speaker" Within The New Media, Michael I. Meyerson

All Faculty Scholarship

First Amendment analysis has historically depended on whether a party is a speaker, an editor, or a carrier. With communications technology rapidly evolving, determining which category is appropriate becomes increasingly complex, and ascertaining the First Amendment protections that are applied to various actors in the process of diffusing ideas becomes difficult. This article looks to the historical treatment of the First Amendment rights of speakers, editors, and distributors. This article traces the Supreme Court’s treatment of speech regulations on new technologies, from telegraph and telephone regulations to the seminal Turner Broadcast System, Inc. v. FCC case that created rules ...


Free Speech And Due Process In The Workplace, Cynthia L. Estlund Jan 1995

Free Speech And Due Process In The Workplace, Cynthia L. Estlund

Indiana Law Journal

No abstract provided.


Taking Liberties With The First Amendment: Congress, Section 5, And The Religious Freedom Restoration Act, Jay S. Bybee Jan 1995

Taking Liberties With The First Amendment: Congress, Section 5, And The Religious Freedom Restoration Act, Jay S. Bybee

Scholarly Works

In 1993 Congress enacted the Religious Freedom Restoration Act (“RFRA”), which provided that government, including the United States and the states, “shall not substantially burden a person's exercise of religion even if the burden results from a rule of general applicability” except where the government can demonstrate that the burden furthers “a compelling governmental interest” and is “the least restrictive means of furthering that interest.”

Unfortunately, whatever consistency RFRA might bring to the substance of church-state relations comes at the expense of clarity in federal-state relations. This is unfortunate because the First Amendment does not address church-state relations; it ...


N.O.W. V. Scheidler: Rico Meets The First Amendment, Craig M. Bradley Jan 1995

N.O.W. V. Scheidler: Rico Meets The First Amendment, Craig M. Bradley

Articles by Maurer Faculty

A look at the controversial N.O.W. v. Scheidler case.


Money Talks: The First Amendment Implications Of Counterfeiting Law, Julie K. Staple Jan 1995

Money Talks: The First Amendment Implications Of Counterfeiting Law, Julie K. Staple

Indiana Law Journal

No abstract provided.


Report Of The Committee On Land Use, Planning And Zoning Law - Report Of The Subcommittee On Land Use And The First Amendment, Alan C. Weinstein Jan 1995

Report Of The Committee On Land Use, Planning And Zoning Law - Report Of The Subcommittee On Land Use And The First Amendment, Alan C. Weinstein

Urban Publications

The past year saw no cessation in cases reporting on the conflicts that arise when local land use regulation is applied to uses claiming protection under the First Amendment. This report highlights the two major developments in this area - the courts' the treatment of claims brought under the Religious Freedoms Restoration Act of 1993 and the latest decision of the U.S. Supreme Court concerning sign regulation, City of Ladue v. Gilleo, and discusses other cases involving regulation of religious institutions, adult businesses and signs.


Defending Pornography: Free Speech & The Fight For Women’S Rights, Nadine Strossen Jan 1995

Defending Pornography: Free Speech & The Fight For Women’S Rights, Nadine Strossen

Books

The newest attacks on the First Amendment and on free expression have come from a vocal and influential segment of the feminist movement that has launched a successful - and puritanical - crusade against "pornography" as the root of discrimination and violence against women. But, as Nadine Strossen, president of the American Civil Liberties Union, forcefully argues, this view of sexuality as inherently dangerous does profound damage to human rights in general, and to women's rights in particular. In Defending Pornography, Strossen shows that, since the late 1970s, a new and startling alliance has been fused between "procensorship" feminists, most notably ...


Matusevitch V. Telnikoff: The First Amendment Travels Abroad, Preventing Recognition And Enforcement Of A British Libel Judgment, Rachel B. Korsower Jan 1995

Matusevitch V. Telnikoff: The First Amendment Travels Abroad, Preventing Recognition And Enforcement Of A British Libel Judgment, Rachel B. Korsower

Maryland Journal of International Law

No abstract provided.


The First Amendment And The National Information Infrastructure, Fred H. Cate Jan 1995

The First Amendment And The National Information Infrastructure, Fred H. Cate

Articles by Maurer Faculty

What the First Amendment status of electronic information should be is a fundamental question which must be addressed in any attempt to arrive at appropriate legal standards to protect the multifarious interests of the users of cyberspace. Yet, despite its importance, the First Amendment has largely been ignored in the debate surrounding what sort of legal framework should control the emerging National Information Infrastructure. Professor Cate surveys the current terrain of First Amendment jurisprudence and describes the different analytical approaches which may be taken. Doctrinal anomalies such as the law of common carriage indicate that at times the courts have ...


Initiative Petition Reforms And The First Amendment, Emily Calhoun Jan 1995

Initiative Petition Reforms And The First Amendment, Emily Calhoun

Articles

No abstract provided.


Counter-Demonstration As Protected Speech: Finding The Right To Confrontation In Existing First Amendment Law, Kevin F. O'Neill, R. Vasvari Jan 1995

Counter-Demonstration As Protected Speech: Finding The Right To Confrontation In Existing First Amendment Law, Kevin F. O'Neill, R. Vasvari

Law Faculty Articles and Essays

Accordingly, this Article is aimed at disentangling lines of precedent that are all too frequently entwined by urging an analysis of public protest cases that distinguishes among the four regulatory players. Thus, this Article devotes separate sections to the regulatory roles of legislators,16 administrators,17 judges,18 and police,19 with an introductory section on the doctrinal bedrock in this field: the public forum doctrine.20


The Progeny Of Lee V. Weisman: Can Student-Invited Prayer At Public School Graduation Still Be Constitutional?, Thomas A. Schweitzer Jan 1995

The Progeny Of Lee V. Weisman: Can Student-Invited Prayer At Public School Graduation Still Be Constitutional?, Thomas A. Schweitzer

Scholarly Works

No abstract provided.


"Face"-Ing Rico: A Remedy For Antiabortion Violence?, Susan L. Ronn Jan 1995

"Face"-Ing Rico: A Remedy For Antiabortion Violence?, Susan L. Ronn

Seattle University Law Review

In Section I, this Comment examines the nature of the violence erupting out of protest activity at abortion clinics. Section II outlines the treatment of different types of federal lawsuits brought by clinics and pro-choice groups against both antiabortion groups and the leaders that spearhead the violent protest campaigns. Section III explores the use of RICO against such groups and individuals, and the imposition of an economic motivation requirement. Section IV discusses both the Seventh Circuit's and the Supreme Court's decisions in NOW v. Scheidler. Section V addresses the concerns surrounding the application of RICO to political protest ...