First Amendment Commons^™

The Newsman's Privilege: An Empirical Study, Vince Blasi

Michigan Law Review

Today, the statutory, common-law, and constitutional aspects of the long-dormant problem are being re-examined by many legislators, judges, and academicians. The Supreme Court is scheduled to address the constitutional question some time this term. I propose to enter this fray. In this article, I will report the results of an empirical survey that I have undertaken. In subsequent articles, I will analyze the eighteen state statutes that grant newsmen a privilege, consider whether protection for the reporter-news source relationship is compelled by existing common-law principles, and address the question whether a newsman's privilege is properly to be inferred from the …

The Fairness Doctrine: Its Limits And Occasions In West Virginia Advertising, Ray E. Ratliff Jr.

West Virginia Law Review

No abstract provided.

Kleindienst V. Mandel, Lewis F. Powell Jr

Supreme Court Case Files

No abstract provided.

Healy V. James, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.

Perry V. Sinderman, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Cruz V. Beto, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Purging Unseemly Expletives From The Public Scene: A Constitutional Dilemma, Ellen K. Thomas

Indiana Law Journal

No abstract provided.

The National Security Exception To The Doctrine Of Prior Restraint, Robert F. Flinn

William & Mary Law Review

No abstract provided.

Constitutional Law - Clear And Present Danger Test Applied To Overbroad Unlawful Assembly Statute. Owens V. Commonwealth, 211 Va. 633, 179 S.E.2d 477 (1971), Michael A. Inman

William & Mary Law Review

No abstract provided.

Neutral Principles And Some First Amendment Problems, Robert H. Bork

Indiana Law Journal

The text of this article was delivered in the Spring of 1971 by Professor Bork at the Indiana University School of Law as part of the Addison C. Harriss lecture series.

Constitutional Law--Disclosure Of Journalist's Confidential News Sources, Roger D. Graham

West Virginia Law Review

No abstract provided.

The Policeman's Right To Free Speech: Muller V. Conlisk, Richard L. Halpert

Indiana Law Journal

No abstract provided.

Civil Liberties Repression: Fact Or Fiction?, Lewis F. Powell, Jr.

Powell Speeches

Article prepared for "Perspective" section of Richmond Times Dispatch as response to article by AP newsfeature writer Bernard Gavzer.

Constitutional Law--Flag Desecration As Symbolic Speech, Robert R. Skinner

West Virginia Law Review

No abstract provided.

The Newsmen's Privilege Against Disclosure Of Confidential Sources And Information, Harold L. Nelson

Vanderbilt Law Review

When the barrage of subpoenas began in early 1969, statutes of some states recognized an evidentiary privilege of journalists not to reveal confidential sources. In April 1970, the possibility of an additional protective avenue opened when the United States District Court for the Northern District of California granted constitutional protection under the first amendment's freedom of the press clause. By March 1971, this decision had been upheld and extended; the highest courts of three states had ruled upon the claim to constitutional protection with widely divergent results; and at least three petitions had been filed for Supreme Court review of …

Conscientious Objection: The Constitutional Questions, Howard R. Lurie

West Virginia Law Review

No abstract provided.

The First Amendment In Theory And Practice, Robert Allen Sedler

Law Faculty Research Publications

No abstract provided.

Constitutional Law--Obscenity--The Right To An Adversary Hearing On The Issue Of Obscenity Prior To The Seizure Of Furtively Distributed Films, Michigan Law Review

Michigan Law Review

This Note will discuss the procedural safeguards that must be provided when allegedly obscene materials are seized prior to distribution. The discussion will emphasize a consideration of the question whether the procedural requirements with respect to the seizure of printed materials are also applicable to the seizure of films, particularly those films that are being or are intended to be furtively distributed.

Labor Law--Picketing--Constitutional Law--First Amendment Challenges By Federal Employees To The Broad Labor Picketing Proscription Of Executive Order 11491, Michigan Law Review

Michigan Law Review

This Note will consider the constitutional validity of section 19(b)(4)'s broad prohibition against federal-employee labor picketing. However, before the first amendment questions are considered, two preliminary issues should be discussed.

The Principle Of Nondivisiveness And The Constitutionality Of Public Aid To Parochial Schools, C. Ronald Ellington

Scholarly Works

The establishment clause issues in the three cases now before the Supreme Court [Tilton v. Richardson, Lemon v. Kurtzman, DiCenso v. Robinison] will be explored in this article in the light of a postulate and three derivative maxims which, it is suggested, are implicit in the Court's earlier religion clause cases, particularly Walz v. Tax Commission. It is the author's view that the establishment clause intends that government no be a divisive force in matters of religion and that analysis grounded in such a premise provides the surest delineation of the interests at stake in …

Due Process Of Law--Welfare Recipient's Right To Pre-Termination Hearing, Michael A. Albert

West Virginia Law Review

No abstract provided.

Gregory Hess Vs. State Of Indiana (Brief Of Appellee) In The Supreme Court Of Indiana, Theodore L. Sendak, Darrel K. Diamond

Historic Documents

Appeal from the Monroe Superior Court

The Honorable James M Dixon, Judge

No. 1271 S 372

Brief of Appellee

Gregory Hess Vs. State Of Indiana (Brief Of Appellant) In The Supreme Court Of Indiana, F. Thomas Schornhorst, David Colman

Historic Documents

Appeal from the Monroe Superior Court

The Honorable James M. Dixon, Judge

No. 1271-S372

Brief of the Appellant

Free Speech, Social Change And The Politics Of Law In The United States (Interview), Robert Allen Sedler

Law Faculty Research Publications

No abstract provided.

Campus Pamphleteering: The Emerging Constitutional Standards, Morton M. Rosenfeld

University of Michigan Journal of Law Reform

Beginning with Lovell v. City of Griffin, the Supreme Court has consistently held the distribution of handbills to be a fundamental right under the first amendment. Since Lovell, the Court has liberally construed the concept of a public forum where first amendment rights can be properly exercised. More recently, the Court has held that schools cannot arbitrarily or absolutely regulate students' constitutional rights of expression. These three principles would suggest great protection for handbilling rights on state university campuses. A further analysis of case law indicates that broad free speech standards governing such rights exist and that the …

The Courts' Responsibility For Prison Reform, Edmund B. Spaeth Jr.

Villanova Law Review

No abstract provided.

The Legal Controversy As It Relates To Correctional Institutions - A Prison Administrator's View, Joseph R. Brierley

Villanova Law Review

No abstract provided.

The Correctional Institution As A Rehabilitation Center - A Former Inmate's View, Victor Taylor

Villanova Law Review

No abstract provided.

Obscenity, 1971: The Rejuvination Of State Power And The Return To Roth, Dwight L. Teeter Jr., Don R. Pember

Villanova Law Review

No abstract provided.

Prisoners' Rights And The Correctional Scheme: The Legal Controversy And Problems Of Implementation, Joseph R. Brierley, Victor Rabinowitz, Edmund B. Spaeth Jr., James D. Crawford

Villanova Law Review

No abstract provided.