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- Touro University Jacob D. Fuchsberg Law Center (6)
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- First Amendment (4)
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Articles 1 - 30 of 37
Full-Text Articles in Law
Constitutional Law—Freedom Of Speech. No Longer That Crazy Aunt In The Basement, Commercial Speech Joins The Family. 44 Liquormart, Inc. V. Rhode Island, 116 S. Ct. 1495 (1996)., Jo-Jo Baldwin
University of Arkansas at Little Rock Law Review
No abstract provided.
First Principles And Fair Consideration: The Developing Clash Between The First Amendment And The Constructive Fraudulent Conveyance Laws, Jonathan C. Lipson
First Principles And Fair Consideration: The Developing Clash Between The First Amendment And The Constructive Fraudulent Conveyance Laws, Jonathan C. Lipson
University of Miami Law Review
No abstract provided.
Antidisestablishmentarianism: Why Rfra Really Was Unconstitutional, Jed Rubenfeld
Antidisestablishmentarianism: Why Rfra Really Was Unconstitutional, Jed Rubenfeld
Michigan Law Review
Two months ago, the Supreme Court struck down the Religious Freedom Restoration Act of 1993 (RFRA), handing down its most important church-state decision, and one of its most important federalism decisions, in fifty years. Through RFRA, Congress had prohibited any state actor from "substantially burden[ing] a person's exercise of religion" unless imposing that burden was the "least restrictive means" of furthering "a compelling governmental interest." RFRA was a response to Employment Division, Department of Human Resources of Oregon v. Smith, in which the Supreme Court abandoned the very same compelling interest test that RFRA mandated. Smith, overturning decades-old precedent, held …
Regulatory Web: Free Speech And The Global Information Infrastructure, A, Victor Mayer-Schönberger, Teree E. Foster
Regulatory Web: Free Speech And The Global Information Infrastructure, A, Victor Mayer-Schönberger, Teree E. Foster
Michigan Telecommunications & Technology Law Review
National restrictions of freedom of speech on the nascent global information infrastructure are commonplace not only in the United States, but also around the globe. Individual nations, each intent upon preserving what they perceive to be within the perimeters of their national interests, seek to regulate certain forms of speech because of content that is considered reprehensible or offensive to national well-being or civic virtue. The fact that this offending speech is technologically dispersed instantaneously to millions of potential recipients strengthens the impetus to regulate.... Activists at both ends of the spectrum disregard an integral aspect of the global composition …
Outtakes, Hidden Cameras, And The First Amendment: A Reporter's Privilege, Alison Lynn Tuley
Outtakes, Hidden Cameras, And The First Amendment: A Reporter's Privilege, Alison Lynn Tuley
William & Mary Law Review
No abstract provided.
The Free Exercise Thereof, Stephen L. Carter
The Free Exercise Thereof, Stephen L. Carter
William & Mary Law Review
No abstract provided.
Regulating Sexually Oriented Businesses: The Regulatory Uncertainties Ofa "Regime Of Prohibition By Indirection" And The Obscenity Doctrine's Communal Solution, Daniel J. Mcdonald
Regulating Sexually Oriented Businesses: The Regulatory Uncertainties Ofa "Regime Of Prohibition By Indirection" And The Obscenity Doctrine's Communal Solution, Daniel J. Mcdonald
BYU Law Review
No abstract provided.
Concern With Public Concern: Toward A Better Definition Of The "Pickering / Connick" Threshold Test, Karin B. Hoppmann
Concern With Public Concern: Toward A Better Definition Of The "Pickering / Connick" Threshold Test, Karin B. Hoppmann
Vanderbilt Law Review
The term "public employer" is something of a legal oxymoron. Although the law has established a jurisprudence for the employer, consisting of a network of state and federal statutory requirements,' and a jurisprudence for the governmental body, governed by the Constitution, the public employer belongs to neither of these. It is an entity that functions as a private business, charged with maintaining an efficient and productive workplace. It is constantly under pres- sure to improve performance, and it is just as concerned with discipline, morale, and efficiency as any private employer. Yet it is also part of the sovereign and …
Guns, Words, And Constitutional Interpretation, L. A. Powe Jr.
Guns, Words, And Constitutional Interpretation, L. A. Powe Jr.
William & Mary Law Review
No abstract provided.
Que, Ya No Hablan Ingles En Este Pais?: A Look At The Constitutionality Of English Only Provisions Under The Free Speech Clause Of The First Amendment, John J. Louizos
Que, Ya No Hablan Ingles En Este Pais?: A Look At The Constitutionality Of English Only Provisions Under The Free Speech Clause Of The First Amendment, John J. Louizos
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Combatting Slapps: Absolutism Is Not The Answer, Daniel O. Conkle
Combatting Slapps: Absolutism Is Not The Answer, Daniel O. Conkle
Federal Communications Law Journal
Book Review: SLAPPs: Getting Sued for Speaking Out, by George W. Pring and Penelope Canan, Temple University Press, 1996, 279 pages.
44 Liquormart, Inc. V. Rhode Island: The Supreme Court Overturns A Ban On Liquor Price Advertising, Laura Harrison
44 Liquormart, Inc. V. Rhode Island: The Supreme Court Overturns A Ban On Liquor Price Advertising, Laura Harrison
Mercer Law Review
In 44 Liquormart, Inc. v. Rhode Island, two licensed liquor retailers brought suit against the Rhode Island Liquor Control Administrator to challenge the First Amendment validity of state statutes that banned the price advertising of alcoholic beverages. In a unanimous decision, the United States Supreme Court overturned the ban, a judgment which may render similar restrictions unconstitutional.
Lemon Is A Lemon: Toward A Rational Interpretation Of The Establishment Clause, Thomas C. Marks Jr., Michael Bertolini
Lemon Is A Lemon: Toward A Rational Interpretation Of The Establishment Clause, Thomas C. Marks Jr., Michael Bertolini
Brigham Young University Journal of Public Law
No abstract provided.
Restoring Rights To Rites: The Religious Motivation Test And The Religious Freedom Restoration Act, Steven C. Seeger
Restoring Rights To Rites: The Religious Motivation Test And The Religious Freedom Restoration Act, Steven C. Seeger
Michigan Law Review
This Note argues that the religious motivation test best secures the religious liberty guaranteed by the Constitution and the RFRA. Part I examines the text and legislative history of the Act and establishes that Congress intended to protect religiously motivated practices. Part II argues that the free exercise case law prior to Smith, to which the RFRA explicitly appeals, did not require litigants to prove centrality or compulsion. Part III demonstrates that the religious motivation test protects the full spectrum of religious practices and religious groups, unlike the centrality test and the compulsion test. Part IV illustrates that the motivation …
The Casey Standard For Evaluating Facial Attacks On Abortion Statutes, John Christopher Ford
The Casey Standard For Evaluating Facial Attacks On Abortion Statutes, John Christopher Ford
Michigan Law Review
Since the Supreme Court declared in 1973 that the Constitution grants women a limited right to an abortion, the Justices have decided abortion cases with reference to such weighty matters as religious freedom, the disadvantaged position of women in society, and the proper role of the judiciary. Understandably, the Supreme Court's writings on abortion deal extensively with these large themes. The Court, and certainly others, view abortion cases as rivaling Brown v. Board of Education in their importance to the nation. While the Court has focused on the big issues, however, it has neglected an equally important, if less emotionally …
How Far Is Too Far? The Line Between "Offensive" And "Indecent" Speech, Milagros Rivera-Sanchez
How Far Is Too Far? The Line Between "Offensive" And "Indecent" Speech, Milagros Rivera-Sanchez
Federal Communications Law Journal
Defining "indecency" in the context of radio broadcast seems quite a chore. While the Federal Communications Commission has struggled to set fbrth workable guidelines for "indecency," a great deal of uncertainty continues to surround broadcasters. Recognizing this confusion, the article surveys indecency complaints which were made to the FCC between 1989 and 1995 and eventually dismissed. An analysis of cases which the FCC fbund "not actionably indecent" helps delineate the FCC's decency standard. Dismissed cases are also compared and contrasted with cases in which the FCC took action against a broadcaster
Is There A Right To View The Dead At Dover - Jb Pictures V. Department Of Defense: Limits On The Media's Right To Gather Information, Scott A. Macnair
Is There A Right To View The Dead At Dover - Jb Pictures V. Department Of Defense: Limits On The Media's Right To Gather Information, Scott A. Macnair
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Policing Hatred: Police Bias Units And The Construction Of Hate Crime, Jeannine Bell
Policing Hatred: Police Bias Units And The Construction Of Hate Crime, Jeannine Bell
Michigan Journal of Race and Law
Much of the scholarly debate about hate crime laws focuses on a discussion of their constitutionality under the First Amendment. Part of a larger empirical study of police methods of investigating hate crimes, this Note attempts to shift thinking in this area beyond the existing debate over the constitutionality of hate crime legislation to a discussion of how low-level criminal justice personnel, such as the police, enforce hate crime laws. This Note argues that, since hate crimes are an area in which police have great discretion in enforcing the law, their understanding of the First Amendment and how it relates …
The Christian Coalition And The End Game, Norman R. Gulley
The Christian Coalition And The End Game, Norman R. Gulley
Journal of the Adventist Theological Society
No abstract provided.
Doma: An Unconstitutional Establishment Of Fundamentalist Christianity, James M. Donovan
Doma: An Unconstitutional Establishment Of Fundamentalist Christianity, James M. Donovan
Michigan Journal of Gender & Law
According to the text of the Act, DOMA's purposes are "to define and protect the institution of marriage," where marriage is defined to exclude same-sex partners. To be constitutionally valid under the Establishment Clause, this notion that heterosexual marriages require "protection" from gay and lesbian persons must spring from a secular and not religious source. This Article posits that DOMA has crossed this forbidden line between the secular and the religious. DOMA, motivated and supported by fundamentalist Christian ideology, and lacking any genuine secular goals or justifications, betrays the Establishment Clause of the U.S. Constitution.
The Best Of Both Worlds: Financing Software Filters For The Classroom And Avoiding First Amendment Liability, 16 J. Marshall J. Computer & Info. L. 659 (1998), Peter G. Drever Iii
The Best Of Both Worlds: Financing Software Filters For The Classroom And Avoiding First Amendment Liability, 16 J. Marshall J. Computer & Info. L. 659 (1998), Peter G. Drever Iii
UIC John Marshall Journal of Information Technology & Privacy Law
As the Internet expands, educational institutions have become interested in the medium for the purpose of expanding learning opportunities. Information that may be objectionable to some members of the community, however, would then be available to children in schools with Internet access. Attempts to regulate the content of the Internet have yet to pass a First Amendment challenge. Concern over what children will be exposed to when the Internet is introduced in the classroom is currently being addressed by educators and legislators alike. The Communications Decency Act was the first to attempt to address the issue of Internet access in …
The Communications Decency Act: Aborting The First Amendment?, Sheryl L. Herndon L. Herndon
The Communications Decency Act: Aborting The First Amendment?, Sheryl L. Herndon L. Herndon
Richmond Journal of Law & Technology
On February 8, 1996, President Clinton signed the Telecommunications Act of 1996 into law and explained that the legislation would "stimulate investment, promote competition, [and] provide open access for all citizens to the Information Superhighway." However, contrary to the goal of "opening wide the door to the Information Age," provisions of the Act violate the Constitution's First Amendment guarantee of freedom of speech by imposing far-reaching new federal criminal liabilities on Americans who exercise their free speech rights on the Internet. In particular, a little-noticed provision of the Act, which expands an 1873 law banning abortion-related speech by criminalizing Internet …
Free Speech & The Internet: The Inevitable Move Toward Government Regulation, James J. Black
Free Speech & The Internet: The Inevitable Move Toward Government Regulation, James J. Black
Richmond Journal of Law & Technology
The explosive growth in the number of people communicating from computers around the world via the Internet ("Net") has led to the proliferation of another type of speech, namely, scholarly articles on virtually every aspect of the Net and its many influences on life in America. One topic that has received a great deal of attention is the extent to which laws applicable within the geographical territory of the United States may be applied to the freewheeling world of Cyberspace, which knows virtually no geographical limitations. Many commentators in the United States have followed one of two streams of argument: …
Section 1983 In The Second Circuit, Honorable George C. Pratt
Section 1983 In The Second Circuit, Honorable George C. Pratt
Touro Law Review
No abstract provided.
Recent Developments In American Indian Law
Recent Developments In American Indian Law
American Indian Law Review
No abstract provided.
The Politics Of Ethics And Elections: Can Negative Campaign Advertising Be Regulated In Florida?, Cleveland Ferguson Iii
The Politics Of Ethics And Elections: Can Negative Campaign Advertising Be Regulated In Florida?, Cleveland Ferguson Iii
Florida State University Law Review
No abstract provided.
Second Department Tillman V. Distribution Systems Of America
Second Department Tillman V. Distribution Systems Of America
Touro Law Review
No abstract provided.
Fourth Department Time Square Books, Inc., V. City Of Rochester
Fourth Department Time Square Books, Inc., V. City Of Rochester
Touro Law Review
No abstract provided.
"The Liberal Agenda": Biblical Values And The First Amendment, Burton Caine
"The Liberal Agenda": Biblical Values And The First Amendment, Burton Caine
Touro Law Review
No abstract provided.
Property And The First Amendment, Mark Cordes
Property And The First Amendment, Mark Cordes
University of Richmond Law Review
The last decade has seen an increased recognition of property rights in Supreme Court analysis. This is most evident in the area of takings law, where the Court has on at least four occasions expanded property rights relative to government regulation. Perhaps even more significant than the results themselves has been the Court's tone in these decisions, where it has emphasized that property rights are to be taken seriously and are not a "poor relation" to other constitutional safeguards. This has led some commentators to suggest that recognition of property rights is becoming a primary agenda item of the Court.