Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Touro University Jacob D. Fuchsberg Law Center (6)
- William & Mary Law School (6)
- Cornell University Law School (4)
- Florida State University College of Law (3)
- University of Arkansas at Little Rock William H. Bowen School of Law (3)
-
- West Virginia University (3)
- University at Buffalo School of Law (2)
- Columbia Law School (1)
- Maurer School of Law: Indiana University (1)
- Roger Williams University (1)
- Selected Works (1)
- University of Colorado Law School (1)
- University of Pennsylvania Carey Law School (1)
- University of the District of Columbia School of Law (1)
- Keyword
-
- First amendment (6)
- Freedom of Speech (6)
- Constitutional law (5)
- Freedom of speech (4)
- Article I section 8 (3)
-
- Defamation (3)
- First Amendment (3)
- Freedom of Press (3)
- Libel (3)
- New york constitution (3)
- Supreme court (3)
- United States Constitution 1st Amendment (3)
- United states constitution (3)
- Actual malice (2)
- Court of appeals (2)
- Establishment Clause (2)
- Freedom of the Press (2)
- Jesse Choper (2)
- Libel and Slander (2)
- R.A.V. v. City of St. Paul (2)
- Racism (2)
- United States Supreme Court (2)
- Milkovich V. Lorain Journal Co. (497 U.S. 1 (1990)) (1)
- New York Times Co. v. Sullivan (376 U.S. 254 (1964)) (1)
- 1st Amendment (1)
- Academic freedom (1)
- Actual malice standard (1)
- Adversarial speech (1)
- Aggressive Panhandling Statute (1)
- Alexander Meiklejohn (1)
- Publication
- Publication Type
Articles 1 - 30 of 34
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
Hate Speech In Context: The Case Of Verbal Threats, John T. Nockleby
Hate Speech In Context: The Case Of Verbal Threats, John T. Nockleby
Buffalo Law Review
No abstract provided.
Guns For Hire, Commercial Speech And Tort Liability: Making A Case For Preserving First Amendment Free Speech Rights, Stephen T. Raptis
Guns For Hire, Commercial Speech And Tort Liability: Making A Case For Preserving First Amendment Free Speech Rights, Stephen T. Raptis
West Virginia Law Review
No abstract provided.
Media Violence And The Obscenity Exception To The First Amendment, Kevin W. Saunders
Media Violence And The Obscenity Exception To The First Amendment, Kevin W. Saunders
William & Mary Bill of Rights Journal
No abstract provided.
Constitutional Law—Commercial Speech—Face-To-Face Solicitation By Certified Public Accountants (But Not Attorneys?) Is Protected Speech Under The First Amendment, L. Kyle Heffley
University of Arkansas at Little Rock Law Review
No abstract provided.
Constitutional Law—Free Exercise Clause—Sacrificial Rites Become Constitutional Rights On The Alter Of Babalu Aye, Allison J. Cornwell
Constitutional Law—Free Exercise Clause—Sacrificial Rites Become Constitutional Rights On The Alter Of Babalu Aye, Allison J. Cornwell
University of Arkansas at Little Rock Law Review
No abstract provided.
Constitutional Law—Anti-Bias Crime Legislation And The First Amendment—Supreme Court Upholds Wisconsin's Penalty Enhancement Law. Wisconsin V. Mitchell, 133 S. Ct. 2194 (1993)., Tamara L. Hamilton
Constitutional Law—Anti-Bias Crime Legislation And The First Amendment—Supreme Court Upholds Wisconsin's Penalty Enhancement Law. Wisconsin V. Mitchell, 133 S. Ct. 2194 (1993)., Tamara L. Hamilton
University of Arkansas at Little Rock Law Review
No abstract provided.
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
Protecting The Animals: The Free Exercise Clause And The Prevention Of Ritual Sacrifice, Caroline E. Johnson
Protecting The Animals: The Free Exercise Clause And The Prevention Of Ritual Sacrifice, Caroline E. Johnson
Florida State University Law Review
No abstract provided.
When Government Speaks Religiously, E. Gregory Wallace
When Government Speaks Religiously, E. Gregory Wallace
Florida State University Law Review
No abstract provided.
Public Funds And The Historical Preservation Of Churches: Preserving History Or Advancing Religion?, Dina A. Keever
Public Funds And The Historical Preservation Of Churches: Preserving History Or Advancing Religion?, Dina A. Keever
Florida State University Law Review
No abstract provided.
"Rejecting The Parasite And Motivating The Laggard". A Constitutional Analysis Of The District Of Columbia's Aggressive Panhandling Statute, Katherine S. Broderick
"Rejecting The Parasite And Motivating The Laggard". A Constitutional Analysis Of The District Of Columbia's Aggressive Panhandling Statute, Katherine S. Broderick
University of the District of Columbia Law Review
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.
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 Matter Of Opinion: Milkovich Four Years Later, Kathryn Dix Sowle
A Matter Of Opinion: Milkovich Four Years Later, Kathryn Dix Sowle
William & Mary Bill of Rights Journal
No abstract provided.
The H-Bomb And The First Amendment, Erwin Knoll
The H-Bomb And The First Amendment, Erwin Knoll
William & Mary Bill of Rights Journal
No abstract provided.
Whither The Press: The Fourth Estate And The Journalism Of Blame, Gerald G. Ashdown
Whither The Press: The Fourth Estate And The Journalism Of Blame, Gerald G. Ashdown
William & Mary Bill of Rights Journal
No abstract provided.
Cohen V. Cowles Media And Its Significance For First Amendment Law And Journalism, Jerome A. Barron
Cohen V. Cowles Media And Its Significance For First Amendment Law And Journalism, Jerome A. Barron
William & Mary Bill of Rights Journal
No abstract provided.
"Buying Up Speech": Active Government And The Terms Of The First Amendment And Fourteenth Amendments, William T. Mayton
"Buying Up Speech": Active Government And The Terms Of The First Amendment And Fourteenth Amendments, William T. Mayton
William & Mary Bill of Rights Journal
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 …
Voice In Government: The People, Emily Calhoun
Free Speech On College Campuses: Protecting The First Amendment In The Marketplace Of Ideas, Melanie A. Moore
Free Speech On College Campuses: Protecting The First Amendment In The Marketplace Of Ideas, Melanie A. Moore
West Virginia Law Review
No abstract provided.
A Relic Of Mccarthyism: Question 21 Of The Application For Admission To The New York Bar, Colin A. Fieman
A Relic Of Mccarthyism: Question 21 Of The Application For Admission To The New York Bar, Colin A. Fieman
Buffalo Law Review
No abstract provided.
Machiavellian Jurisprudence: The United States Supreme Court's Doctrinal Approach To Political Speech Under The First Amendment, Garth Molander
Machiavellian Jurisprudence: The United States Supreme Court's Doctrinal Approach To Political Speech Under The First Amendment, Garth Molander
Touro Law Review
No abstract provided.
Freedom Of Speech & Press: Prozeralik V. Capital Cities Communications, Inc.
Freedom Of Speech & Press: Prozeralik V. Capital Cities Communications, Inc.
Touro Law Review
No abstract provided.
Hinerman V. Gazette: A Pro-Victim Shift In West Virginia Libel Law, Carole Lewis Bloom
Hinerman V. Gazette: A Pro-Victim Shift In West Virginia Libel Law, Carole Lewis Bloom
West Virginia Law Review
No abstract provided.
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.
Back From The Brink: Part Ii, Joel M. Gora
University Hate Speech Codes: A Necessary Method In The Process Of Eradicating The Universal Wrong Of Racism, Nooshin Namazi, James H. Cahill
University Hate Speech Codes: A Necessary Method In The Process Of Eradicating The Universal Wrong Of Racism, Nooshin Namazi, James H. Cahill
Touro Law Review
No abstract provided.