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- Freedom of Speech (2)
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- Grutter v. Bollinger (539 U.S. 306 (2003)) (1)
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- Lawrence v. Texas (539 U.S. 558 (2003)) (1)
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- New York v. United States(505 U.S. 144 (1992)) (1)
- Printz v. United States (521 U.S. 898 (1997)) (1)
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- Saenz v. Roe (526 U.S. 489 (1999)) (1)
- Strict Scrutiny Doctrine (1)
Articles 1 - 8 of 8
Full-Text Articles in Law
What The Supreme Court Could Learn About The Child Online Protection Act By Reading Playboy, Shaun Richardson
What The Supreme Court Could Learn About The Child Online Protection Act By Reading Playboy, Shaun Richardson
William & Mary Bill of Rights Journal
Due to the ease of Internet searching, Congress has passed the Child Online Protection Act to protect children from sexually explicit material. Although the Supreme Court has not directly decided the issue, it has hinted that the Act may survive a First Amendment challenge. In this Note, the author argues reasons why the Act should not survive a First Amendment challenge, and that measures such as parental empowerment via government-facilitated use of Internet filtering software are preferable
The Jurisprudential Revolution: Unlocking Human Potential In Grutter And Lawrence, Wilson Huhn
The Jurisprudential Revolution: Unlocking Human Potential In Grutter And Lawrence, Wilson Huhn
William & Mary Bill of Rights Journal
No abstract provided.
Privacy Rights Versus Foia Disclosure Policy: The "Uses And Effects" Double Standard In Access To Personally-Identifiable Information In Government Records, Michael Hoefges, Martin E. Halstuk, Bill F. Chamberlin
Privacy Rights Versus Foia Disclosure Policy: The "Uses And Effects" Double Standard In Access To Personally-Identifiable Information In Government Records, Michael Hoefges, Martin E. Halstuk, Bill F. Chamberlin
William & Mary Bill of Rights Journal
The U.S. government maintains a vast amount of personally-identifiable information on millions of American citizens. Much of this information is contained in electronic databases maintained by federal agencies. Various Freedom of Information Act (FOIA) requesters, such as journalists, marketers, and union organizers seek this information for different purposes including investigative reporting and targeted solicitations. These kinds of uses are known as "derivative uses" because this government-compiled information is requested for purposes other than the official purposes for which the information was originally gathered. These and other derivative uses of personally-identifiable information often implicate privacy concerns. Conversely, restrictions on public access …
The Revival Of "Privileges Or Immunities" And The Controversy Over State Bar Admission Requirements: The Makings Of A Future Constitutional Dilemma?, Wilson Pasley
William & Mary Bill of Rights Journal
The Supreme Court's 1999 decision in Saenz v. Roe relied upon the long ignored Privileges or Immunities Clause of the Fourteenth Amendment, which had laid dormant since the Slaughter-House Cases of more than a century ago. The Saenz decision sparked considerable debate as to the meaning of the Privileges or Immunities Clause and caused speculation as to the statutes vulnerable to a constitutional challenge under the Clause. This Note examines the potential impact of the Privileges or Immunities Clause on state bar admission requirements and other restrictions on the practice of law. It concludes that the Clause does not create …
Mandatory Fingerprinting Of Public School Teachers: Fascilitating Background Checks Or Infringing On Individuals' Constitutional Rights?, Christina Buschmann
Mandatory Fingerprinting Of Public School Teachers: Fascilitating Background Checks Or Infringing On Individuals' Constitutional Rights?, Christina Buschmann
William & Mary Bill of Rights Journal
With the continuing growth of governmental intrusions into the private lives of its citizens, critics increasingly have taken aim at state actions which unnecessarily burden an individual's right to be let alone. One group in particular - public school teachers - often endure tedious examinations of their private affairs as a condition of employment. This Note examines the current state of privacy concerns, specifically in the realm of public school teachers, and argues that a compromise must be struck that better balances the public's need to protect children from dangerous teachers with the individual teacher's right to privacy. The Note …
Congress, Civil Liberties, And The War On Terrorism, Neal Devins
Congress, Civil Liberties, And The War On Terrorism, Neal Devins
William & Mary Bill of Rights Journal
In exercising his war-making powers, the President has historically pursued war-related initiatives that implicate civil liberties. Meanwhile, the Congress, with little incentive to resist these initiatives, has played a steadily declining role in warmaking. In this Essay, Professor Devins examines this dynamic, and argues that with Congress largely standing on the sidelines as the President leads the nation in war, it is the American public that has become the principal check on the powers of the President in wartime.
Federalism And Formalism, Allison H. Eid
Federalism And Formalism, Allison H. Eid
William & Mary Bill of Rights Journal
Many commentators have criticized the Supreme Court's New Federalism decisions as "excessively formalistic. " In this Article, Professor Eid argues that this "standard critique" is wrong on both a descriptive and normative level. Descriptively, she argues that the standard critique mistakenly downplays the extent to which the New Federalism decisions consider the values that federalism serves, and contends that they employ the same sort of formalism/functionalism blend that is found in the Court's separation of powers jurisprudence. Professor Eid then contends that the standard critique's normative prescription - a case-by-case balancing test that would weigh the federal interest against the …
What If I Want My Kids To Watch Pornography?: Protecting Children From "Indecent" Speech, Ashutosh Bhagwat
What If I Want My Kids To Watch Pornography?: Protecting Children From "Indecent" Speech, Ashutosh Bhagwat
William & Mary Bill of Rights Journal
Under current First Amendment doctrine, a law directed at indecent speech is treated as "content-based" regulation of speech, and thus must satisfy the "strict scrutiny" test to survive constitutional challenge - the regulation must be narrowly tailored to advance a compelling state interest. A number of laws regulating indecent speech have been passed in recent years, and when challenged, the government has defended these regulations on the ground that the State has a compelling interest in the protection of children from harmful materials. Underlying this argument, however, is a deep ambiguity regarding the precise nature of the government's legitimate objectives …