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First Amendment Commons

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Full-Text Articles in First Amendment

Think Of An Elephant? Tweeting As "Framing" Executive Power, Fernando R. Laguarda Jan 2018

Think Of An Elephant? Tweeting As "Framing" Executive Power, Fernando R. Laguarda

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Reconsidering Gobitis: An Exercise In Presidential Leadership, Robert Tsai Jan 2008

Reconsidering Gobitis: An Exercise In Presidential Leadership, Robert Tsai

Articles in Law Reviews & Other Academic Journals

In June of 1940, the Supreme Court ruled 8-1 in Minersville School District v. Gobitis that the First Amendment posed no barrier to the punishment of two school age Jehovah's Witnesses who refused to pay homage to the American flag. Three years later, the Justices reversed themselves in West Virginia State Board of Education v. Barnette. This sudden change has prompted a host of explanations. Some observers have stressed changes in judicial personnel in the intervening years; others have pointed to the wax and wane of general anxieties over the war; still others have emphasized the sympathy-inspiring acts of …