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Jurisprudence Commons

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Full-Text Articles in Jurisprudence

The Edward's Decision: The End Of Creationism In Our Public Schools?, Juliana S. Moore Jul 2015

The Edward's Decision: The End Of Creationism In Our Public Schools?, Juliana S. Moore

Akron Law Review

Although many previous cases addressing this issue have gained national attention perhaps no other issue since the famous Scope's "monkey trial" has raised as much controversy as Louisiana's adoption of the "Creationism Act." Now, one thing is certain; when Susie's dad asks her what she learned in school today, she most certainly won't reply that she learned about creationism in science class. The Supreme Court's recent ruling' has insured that the separation between church and state in our public schools will remain. This casenote attempts to examine that ruling, its relationship to similar cases and ...


Of Flags And Menorahs: The Power Of Individual And Governmental Symbolic Speech, Mark F. Kohler Jul 2015

Of Flags And Menorahs: The Power Of Individual And Governmental Symbolic Speech, Mark F. Kohler

Akron Law Review

The aim of this article will be to explore the nature of symbolic speech, both individual and governmental. Using Johnson and Allegheny County as a backdrop, four themes will emerge from the article. First, both individuals and government speak and speak powerfully through symbols and symbolic conduct. Second, medium-based regulation of individual speech should receive careful judicial scrutiny. Third, unlike individual symbolic expression, governmental symbolic speech is subject to substantial content-based restrictions. Finally, careful distinctions must be drawn between government-initiated symbolic speech and governmental endorsement of individual symbolic speech.