Open Access. Powered by Scholars. Published by Universities.®

First Amendment Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 3 of 3

Full-Text Articles in First Amendment

The First Amendment And The Roots Of Lgbt Rights Law: Censorship In The Early Homophile Era, 1958-1962, Jason M. Shepard Jul 2020

The First Amendment And The Roots Of Lgbt Rights Law: Censorship In The Early Homophile Era, 1958-1962, Jason M. Shepard

William & Mary Journal of Race, Gender, and Social Justice

Long before substantive due process and equal protection extended constitutional rights to homosexuals under the Fourteenth Amendment, in three landmark decisions by the Supreme Court of the United States, First Amendment law was both a weapon and shield in the expansion of LGBT rights. This Article examines constitutional law and “gaylaw” from the perspective of its beginning, through case studies of One, Inc. v. Olesen (1958), Sunshine Book Co. v. Summerfield (1958), and Manual Enterprises, Inc. v. Day (1962). In protecting free press rights of sexual minorities to use the U.S. mail for mass communications, the Warren Court’s liberalization of …


Guns As Smut: Defending The Home-Bound Second Amendment, Darrell A. H. Miller Jan 2009

Guns As Smut: Defending The Home-Bound Second Amendment, Darrell A. H. Miller

Faculty Scholarship

In District of Columbia v. Heller, the Supreme Court held that the Second Amendment guarantees a personal, individual right to keep and bear arms. But the Court left lower courts and legislatures adrift on the fundamental question of scope. While the Court stated in dicta that some regulation may survive constitutional scrutiny, it left the precise contours of the right, and even the method by which to determine those contours, for 'future evaluation."

This Article offers a provocative proposal for tackling the issue of Second Amendment scope, one tucked in many dresser drawers across the nation: Treat the Second Amendment …


Disrobed: The Constitution Of Modesty, Anita L. Allen Jan 2006

Disrobed: The Constitution Of Modesty, Anita L. Allen

Villanova Law Review

No abstract provided.