Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- First Amendment (1635)
- Constitutional Law (1194)
- Religion Law (239)
- Civil Rights and Discrimination (230)
- Law and Society (196)
-
- Supreme Court of the United States (191)
- Intellectual Property Law (184)
- Internet Law (172)
- Communications Law (143)
- Education Law (134)
- Jurisprudence (126)
- Law and Politics (117)
- Entertainment, Arts, and Sports Law (116)
- Courts (108)
- State and Local Government Law (100)
- Legislation (96)
- Criminal Law (95)
- Legal History (86)
- Social and Behavioral Sciences (85)
- Fourteenth Amendment (82)
- Privacy Law (79)
- Judges (71)
- Administrative Law (69)
- Labor and Employment Law (68)
- Legal Ethics and Professional Responsibility (64)
- Law and Gender (62)
- Health Law and Policy (60)
- Election Law (57)
- Litigation (56)
- Institution
-
- SelectedWorks (346)
- Selected Works (305)
- Maurer School of Law: Indiana University (167)
- Fordham Law School (120)
- Touro University Jacob D. Fuchsberg Law Center (107)
-
- University of Colorado Law School (95)
- Pepperdine University (93)
- Vanderbilt University Law School (67)
- American University Washington College of Law (66)
- University of Georgia School of Law (66)
- The University of Akron (56)
- Seattle University School of Law (53)
- Washington and Lee University School of Law (52)
- University of South Carolina (47)
- Cleveland State University (45)
- Columbia Law School (45)
- St. Mary's University (43)
- University of Florida Levin College of Law (43)
- New York Law School (39)
- Boston University School of Law (38)
- University of Maryland Francis King Carey School of Law (37)
- Notre Dame Law School (35)
- Chicago-Kent College of Law (34)
- University of Baltimore Law (34)
- Northwestern Pritzker School of Law (33)
- George Washington University Law School (29)
- University of Miami Law School (28)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (28)
- University of Oklahoma College of Law (27)
- University of Richmond (24)
- Publication Year
- Publication
-
- Faculty Scholarship (113)
- Touro Law Review (91)
- Publications (86)
- Scholarly Works (77)
- Indiana Law Journal (75)
-
- Pepperdine Law Review (75)
- Faculty Publications (57)
- All Faculty Scholarship (52)
- Fordham Intellectual Property, Media and Entertainment Law Journal (52)
- Journal Articles (49)
- Seattle University Law Review (49)
- Fordham Law Review (47)
- Akron Law Review (46)
- Federal Communications Law Journal (44)
- UF Law Faculty Publications (43)
- Articles by Maurer Faculty (40)
- South Carolina Law Review (38)
- Supreme Court Case Files (34)
- Vanderbilt Journal of Entertainment & Technology Law (34)
- Law Faculty Scholarship (32)
- GW Law Faculty Publications & Other Works (29)
- St. Mary's Law Journal (29)
- Law Faculty Publications (28)
- Vanderbilt Law Review (28)
- American University Law Review (26)
- Articles in Law Reviews & Other Academic Journals (26)
- Articles (25)
- Cleveland State Law Review (24)
- Jack C Dolance II (23)
- Scholarship@WashULaw (23)
- Publication Type
Articles 2731 - 2760 of 2898
Full-Text Articles in Law
First Amendment Restrictions On Title I Programs In Private Schools, Laura Gaston Dooley
First Amendment Restrictions On Title I Programs In Private Schools, Laura Gaston Dooley
Law Faculty Publications
No abstract provided.
Developments In Civil Liberties: 1984-85 Term, Ivan E. Bodensteiner, Rosalie Levinson
Developments In Civil Liberties: 1984-85 Term, Ivan E. Bodensteiner, Rosalie Levinson
Law Faculty Publications
No abstract provided.
The Secular Meaning Behind The Lemon Test: Lynch V. Donnelly
The Secular Meaning Behind The Lemon Test: Lynch V. Donnelly
Touro Law Review
No abstract provided.
The First Amendment, Commercial Speech, And The Advertising Lawyer, Justice Vernon R. Pearson, Michael O'Neill
The First Amendment, Commercial Speech, And The Advertising Lawyer, Justice Vernon R. Pearson, Michael O'Neill
Seattle University Law Review
The Supreme Court, in a few cases scattered over several decades, has implied the existence of a public right to a free flow of information as one facet of the freedom of speech; yet the Court has refrained from specifically basing a decision on any such right. But with the recent line of commercial speech decisions, the concept-of a public right to a free flow of information has become firmly established and merits detailed examination. That right, and the rationale of the Court in its commercial speech cases, may have far ranging implications. This Article explores these implications in three …
Freedom Of Speech As Therapy, Pierre Schlag
Public Forum Analysis And State Owned Publications: Beyond Kulhmeier V. Hazelwood School District, Pamela A. Schechter
Public Forum Analysis And State Owned Publications: Beyond Kulhmeier V. Hazelwood School District, Pamela A. Schechter
Fordham Law Review
No abstract provided.
The Supreme Court And Freedom Of Expression From 1791 To 1917, Michael T. Gibson
The Supreme Court And Freedom Of Expression From 1791 To 1917, Michael T. Gibson
Fordham Law Review
No abstract provided.
A "Conservative" Judge And The First Amendment: Judicial Restraint And Freedom Of Expression, Daniel O. Conkle
A "Conservative" Judge And The First Amendment: Judicial Restraint And Freedom Of Expression, Daniel O. Conkle
Articles by Maurer Faculty
No abstract provided.
Picketing, Theodore J. St. Antoine
Picketing, Theodore J. St. Antoine
Book Chapters
Picketing typically consists of one or more persons patrolling or stationed at a particular site, carrying or wearing large signs with a clearly visible message addressed to individuals or groups approaching the site. Some form of confrontation between the pickets and their intended addressees appears an essential ingredient of picketing. Congress and the National Labor Relations Board have distinguished between picketing and handbilling, however, and merely passing out leaflets without carrying a placard does not usually constitute picketing. What stamps picketing as different from more conventional forms of communication, for constitutional and other legal purposes, ordinarily seems to be the …
Racial Defamation As Free Speech: Abusing The First Amendment, Kenneth Lasson
Racial Defamation As Free Speech: Abusing The First Amendment, Kenneth Lasson
All Faculty Scholarship
The traditional view of the first amendment's free speech guarantee as absolute, allowing few and narrow exceptions, reflects the Constitution's dedication to an open and unfettered exchange of ideas. Those thoughts that are abhorrent to a free society, the argument goes, will wither when aired but fester if suppressed. Moreover, who is to decide which ideas are offensive? The interests of the state may well be inferior to those of the people, the wisdom of public servants often suspect in quality and motivation. But freedom of speech is so precious and delicate a liberty it must be preserved at great …
Bowen V. Roy, Lewis F. Powell Jr.
Witters V. Washington Department Of Services For Blind, Lewis F. Powell Jr.
Witters V. Washington Department Of Services For Blind, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Goldman V. Weinberger, Lewis F. Powell Jr
Goldman V. Weinberger, Lewis F. Powell Jr
Supreme Court Case Files
No abstract provided.
In Defense Of Group-Libel Laws, Or Why The First Amendment Should Not Protect Nazis, Kenneth Lasson
In Defense Of Group-Libel Laws, Or Why The First Amendment Should Not Protect Nazis, Kenneth Lasson
All Faculty Scholarship
The author discusses group libel laws, and the underlying problems when free speech is used as a defense by those who would defame specific racial or ethnic groups and/or minorities. The topic is further explained in reference to various state laws, and the subsequent court cases extant at the time of the article's writing which defined the issue in terms of law. References are also made to such laws in countries other than the United States for the sake of comparison.
Judicial Review Of The Zoning Of Adult Entertainment: A Search For The Purposeful Suppression Of Protected Speech, Alfred C. Yen
Judicial Review Of The Zoning Of Adult Entertainment: A Search For The Purposeful Suppression Of Protected Speech, Alfred C. Yen
Alfred C. Yen
No abstract provided.
Book Review, Pierre Schlag
The First Amendment And Distributional Voting Rights Controversies, Emily M. Calhoun
The First Amendment And Distributional Voting Rights Controversies, Emily M. Calhoun
Publications
No abstract provided.
The Right To Speak, Write, And Publish Freely: State Constitutional Protection Against Private Abridgment, Justice Robert F. Utter
The Right To Speak, Write, And Publish Freely: State Constitutional Protection Against Private Abridgment, Justice Robert F. Utter
Seattle University Law Review
This Article presents an independent analysis of a fundamental aspect of the free speech provision of the Washington Declaration of Rights, which closely resembles the free speech provisions of many other state constitutions. The focus is on whether the Washington free speech provision protects Washingtonians against abridgment of their speech and press rights by private individuals and organizations. To answer this question, this Article examines the nature of state constitutions and government, the case law of other jurisdictions interpreting similar provisions, the text of the Washington provision, the origins of the provision, the historical background of the Washington Constitutional Convention, …
Rules And Standards, Pierre Schlag
Student Publications, The First Amendment, And State Speech, T. D. Buckley Jr.
Student Publications, The First Amendment, And State Speech, T. D. Buckley Jr.
Cleveland State Law Review
The lower federal courts and state courts have been applying the first amendment in student press cases arising at public colleges and high schools since 1967. But ordinary first amendment analysis is inadequate in most student press disputes. As a result the courts in some cases have been unable to articulate satisfactorily the bases for good decisions. And in other cases the real issues generated in student press litigations have been ignored. This Article evaluates the cases so far decided, and proposes a new approach to student press disputes which would rationalize what the courts have intuitively done correctly in …
Electronic Publishing: First Amendment Issues In The Twenty-First Century, Lynn Becker
Electronic Publishing: First Amendment Issues In The Twenty-First Century, Lynn Becker
Fordham Urban Law Journal
In six sections, the author explores regulation of the then-emerging field of tele-communications, including electronic publishing, e-mail, electronic bulletin boards, teletype, and digital banking. Focusing on how the First Amendment applies to claims of defamation and obscenity made in an electronic format, the author proposes a unified regulatory scheme based on existing communications regulation law that will unify telecommunications policy countrywide. The first two sections are devoted to explanation of the then-novel forms of electronic communication and giving the history of the FCC and communications and data regulation in the US. The author describes the distinction between press regulation, broadcast …
The Minneapolis Anti-Pornography Ordinance: A Valid Assertion Of Civil Rights?, Winifred Ann Sandler
The Minneapolis Anti-Pornography Ordinance: A Valid Assertion Of Civil Rights?, Winifred Ann Sandler
Fordham Urban Law Journal
The author of this student note examines a recent Minneapolis city ordinance that declares pornography to be both subordination of and a form of sex discrimination towards women. First Amendment proponents challenged the ordinance as unconstitutional. The author considers whether the state has a compelling interest in protecting its citizens from civil rights violations, and whether that interest can overcome first amendment rights. The author concludes that pornography is neither a civil rights violation, nor a category of unprotected speech.
Attitudinal And Legal Factors In Professional Advertising, Ruth Bogatyrow Kraft
Attitudinal And Legal Factors In Professional Advertising, Ruth Bogatyrow Kraft
Journal of Law and Health
This Article is concerned with advertising by professionals, a phenomenon which has taken on greater importance and become more controversial as its impact has grown over the past decade. Part II of this Article discusses the legal precedents which permitted the development of professional advertising in general. In Part III the body of literature concerning professional and consumer attitudes towards promotional behavior is reviewed. Part IV presents and evaluates the initial results of a survey of plastic surgeons. The promotional attitudes of plastic surgeons are an especially interesting subject of study, as advertising by this medical sub-specialty presents in a …
Tension Between The First And Twenty-First Amendments In State Regulation Of Alcohol Advertising, Brian S. Steffey
Tension Between The First And Twenty-First Amendments In State Regulation Of Alcohol Advertising, Brian S. Steffey
Vanderbilt Law Review
This Recent Development examines the tension between the first and twenty-first amendments when a state uses its twenty-first amendment power to regulate advertisements of alcoholic beverages that qualify for first amendment protection. Part II of this Recent Development explores the Court's standard of review in cases in which the twenty-first amendment impinges upon a fourteenth amendment right. Part II also reviews the scope of constitutional protection that the first amendment accords commercial speech. Part III examines three recent cases in which states have regulated alcohol advertising. Part IV criticizes these decisions for misapplying the appropriate standard and for relying extensively …
Lynch V. Donnelly: One Foot Off The Tightrope?, Jacqueline M. Gerber
Lynch V. Donnelly: One Foot Off The Tightrope?, Jacqueline M. Gerber
Northern Illinois University Law Review
An in-depth study of the first amendment establishment clause and its application to the controversial decision in Lynch v. Donnelly with emphasis on how the Court used the Lemon test to uphold display of a city-funded creche during the Christmas holidays.
School District Of The City Of Grand Rapids V. Ball, Lewis F. Powell Jr
School District Of The City Of Grand Rapids V. Ball, Lewis F. Powell Jr
Supreme Court Case Files
No abstract provided.
Aguilar V. Felton, Lewis F. Powell Jr
Wallace V. Jaffree, Lewis F. Powell Jr
Estate Of Thornton V. Caldor Inc., Lewis F. Powell Jr
Estate Of Thornton V. Caldor Inc., Lewis F. Powell Jr
Supreme Court Case Files
No abstract provided.
A Sign Of The Times: Billboard Regulation And The First Amendment Symposium - Selected Topics On Land Use Law - Comment., Anne E. Swenson
A Sign Of The Times: Billboard Regulation And The First Amendment Symposium - Selected Topics On Land Use Law - Comment., Anne E. Swenson
St. Mary's Law Journal
Evaluation of a billboard ordinance is complicated by the unique properties of this form of expression. The physical structure of the sign is not a form of expression; therefore, a state may regulate the size, height, degree of illumination, and location of the billboard. The sign’s message, on the other hand, is speech and thus protected from government action by the First Amendment. Further, the precise degree of First Amendment protection afforded to a particular message is a function of the character of the speech involved. First Amendment protection attaches if the sign’s message concerns a political, cultural, social, or …