Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Constitutional law (4)
- Establishment Clause (2)
- First Amendment (2)
- Freedom of speech (2)
- Jesse Choper (2)
-
- R.A.V. v. City of St. Paul (2)
- United States Supreme Court (2)
- 1st Amendment (1)
- Adversarial speech (1)
- Alexander Meiklejohn (1)
- Amendment 2 (1)
- Charter for government (1)
- Colorado Constitution (1)
- Columbia Law Review (1)
- Content discrimination (1)
- Conventional strict scrutiny (1)
- Criminal justice policy & procedure (1)
- Disparate impact (1)
- Due process (1)
- Equal Protection Clause (1)
- Equal protection clause (1)
- Fourteenth Amendment (1)
- Free Exercise Clause (1)
- Government accountability (1)
- Hate speech (1)
- Judicial review (1)
- Minorities (1)
- Outsider jurisprudence (1)
- Petitions Clause (1)
- Principle of non-corruption (1)
Articles 1 - 9 of 9
Full-Text Articles in Constitutional Law
Racist Speech, Outsider Jurisprudence, And The Meaning Of America, Steven H. Shiffrin
Racist Speech, Outsider Jurisprudence, And The Meaning Of America, Steven H. Shiffrin
Cornell Law Faculty Publications
The Politics Of The Mass Media And The Free Speech Principle, Steven H. Shiffrin
The Politics Of The Mass Media And The Free Speech Principle, Steven H. Shiffrin
Cornell Law Faculty Publications
Laws Intentionally Favoring Mainstream Religions: An Unhelpful Comparison To Race, Gary J. Simson
Laws Intentionally Favoring Mainstream Religions: An Unhelpful Comparison To Race, Gary J. Simson
Cornell Law Faculty Publications
No abstract provided.
A Response To Professor Choper: Laying Down Another Ladder, Sheri Lynn Johnson
A Response To Professor Choper: Laying Down Another Ladder, Sheri Lynn Johnson
Cornell Law Faculty Publications
No abstract provided.
Hate Speech, Offensive Speech, And Public Discourse In America, Edward J. Eberle
Hate Speech, Offensive Speech, And Public Discourse In America, Edward J. Eberle
Law Faculty Scholarship
In this article, Professor Eberle discusses several limitations on governmental power to regulate public discourse. After examining the United States Supreme Court decisions of R.A.V. v. City of St. Paula nd Wisconsin v. Mitchell, Professor Eberle concludes that government should refrain from regulating speech itself. Rather, any restrictions should focus strictly on the problematic conduct underlying the speech which justifies regulation. Professor Eberle also concludes that the Court has implicitly recognized two distinct subcategories of "content" discrimination and viewpoint discrimination. Both subcategories are presumptively unconstitutional and nominally subject to conventional strict scrutiny. The Court, however, finds viewpoint discrimination more dangerous …
The Constitutionality Of Enjoining Criminal Street Gangs As Public Nuisances, Christopher S. Yoo
The Constitutionality Of Enjoining Criminal Street Gangs As Public Nuisances, Christopher S. Yoo
All Faculty Scholarship
California jurisdictions have increasingly used injunctions to combat the growth criminal street gangs. The use of civil sanctions to redress criminal activity raises difficult constitutional questions, potentially creating personal criminal codes that may infringe upon defendants’ substantive constitutional rights. In addition, employing civil remedies may deprive defendants of constitutional procedural protections that would have been provided if the jurisdiction had elected to deter the same behavior with available criminal sanctions. Although the use of injunctions places pressure on a number of substantive constitutional rights, including the freedom of association, freedom of expression, right to travel, the injunction terms will likely …
Voice In Government: The People, Emily Calhoun
Different Religions, Different Politics: Evaluating The Role Of Competing Religious Traditions In American Politics And Law, Daniel O. Conkle
Different Religions, Different Politics: Evaluating The Role Of Competing Religious Traditions In American Politics And Law, Daniel O. Conkle
Articles by Maurer Faculty
In addressing the role of religion in politics and law, American political theory has strongly embraced the principle of religious equality. In this article, I explain how this principle has evolved and how it has nourished the privatization of religion and the secularization of public discourse by generating the view that public evaluations of religion are inappropriate. Under this view, religion is a private good that lacks public significance. As matters merely of private taste, matters that cannot be evaluated publicly, religious positions on political issues are not to be "imposed" on other citizens.
I challenge this reading of the …
Free Speech And The Widening Gyre Of Fund-Raising: Why Campaign Spending Limits May Not Violate The First Amendment After All Symposium On Campaign Finance Reform, Vincent A. Blasi
Free Speech And The Widening Gyre Of Fund-Raising: Why Campaign Spending Limits May Not Violate The First Amendment After All Symposium On Campaign Finance Reform, Vincent A. Blasi
Faculty Scholarship
Candidates for office spend too much of their time raising money. This is scarcely a controversial proposition. A major impetus for campaign finance reform is the frustration politicians now feel concerning how much time they must devote to courting potential donors, often by methods borrowed from the marketplace that can only be described as demeaning. The situation has gotten worse as electoral merchandising has grown ever more sophisticated and expensive.