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Nlrb Jurisdiction Over Religious Schools And The Religion Clause Of The First Amendment, Richard J. Curiale 2017 St. John's University School of Law

Nlrb Jurisdiction Over Religious Schools And The Religion Clause Of The First Amendment, Richard J. Curiale

The Catholic Lawyer

No abstract provided.


Discrimination And Association, Caleb C. Wolanek 2017 Harvard Law School

Discrimination And Association, Caleb C. Wolanek

Concordia Law Review

In September 2016, the United States Commission on Civil Rights issued a report entitled Peaceful Coexistence: Reconciling Nondiscrimination Principles with Civil Liberties. In that report, the Commission argued that the law permits—and justice requires—that decision-makers prioritize nondiscrimination over civil liberties like freedom of religion and freedom of association. For example, the report endorsed the view that religious liberty should be limited as much as possible to freedom of belief; conduct “should conform to law.” This is because religion is discriminatory and can be used as a front for discriminatory activities. Nondiscrimination policies, in contrast, “are of preeminent importance ...


Reporter's Privilege And The First Amendment, Angela M. DeMeo 2017 St. John's University School of Law

Reporter's Privilege And The First Amendment, Angela M. Demeo

The Catholic Lawyer

No abstract provided.


The Sermon On The Mountain Of Cash: How To Curtail The Prosperity Scheme And Prevent Opportunists From “Preying” On Vulnerable Parishioners, Jacob M. Bass 2017 Boston College Law School

The Sermon On The Mountain Of Cash: How To Curtail The Prosperity Scheme And Prevent Opportunists From “Preying” On Vulnerable Parishioners, Jacob M. Bass

Boston College Journal of Law & Social Justice

Many televangelists in the United States preach the “prosperity gospel,” a doctrine which teaches that a religiously faithful person who continually donates money to church ministries can expect God to grant material improvements to their finances, health, and relationships. Americans who participate in prosperity gospel churches often donate thousands of dollars to these churches, despite their difficulty financing such large donations and the lack of the promised material improvement to their lives. Televangelists who preach the prosperity gospel secretly use these donations to finance their extravagant lifestyles, instead of using the funds to support the faithful masses who continue to ...


Speaking Of Workplace Harassment: A First Amendment Push Toward A Status-Blind Statute Regulating "Workplace Bullying", Jessica R. Vartanian 2017 University of Maine School of Law

Speaking Of Workplace Harassment: A First Amendment Push Toward A Status-Blind Statute Regulating "Workplace Bullying", Jessica R. Vartanian

Maine Law Review

Title VII of the Civil Rights Act of 1964 makes discrimination in employment unlawful, but only based on certain suspect classes: race, color, religion, sex, and national origin. Courts have interpreted the statute to ban workplace harassment in this same limited fashion, refusing to recognizg harassment claims based on sexual orientation or any other unspecified classification.Although Congress may regulate in this selective manner consistent with equal protection, workplace harassment differs from other forms of discrimination proscribed under Title VII in one very important respect—workplace harassment is often achieved through an array of expression traditionally protected under the First ...


Good Things Don't Come To Those Forced To Wait: Denial Of A Litigant's Request To Proceed Anonymously Can Be Appealed Prior To Final Judgment In The Wake Of Doe V. Village Of Deerfield, Chloe Booth 2017 Boston College Law School

Good Things Don't Come To Those Forced To Wait: Denial Of A Litigant's Request To Proceed Anonymously Can Be Appealed Prior To Final Judgment In The Wake Of Doe V. Village Of Deerfield, Chloe Booth

Boston College Law Review

On April 12, 2016, in Doe v. Village of Deerfield, the United States Court of Appeals for the Seventh Circuit held that a denial of a motion to proceed anonymously is an immediately appealable order under the collateral order doctrine. The Seventh Circuit joined the Fourth, Fifth, Ninth, Tenth and Eleventh Circuits in holding that this type of order, examined categorically, satisfies the rigorous requirements of the collateral order doctrine. Allowing immediate review of this type of order implements a practical construction of the traditional final judgment rule that the United States Courts of Appeals can only review orders upon ...


The Lautsi Decision And The American Establishment Clause Experience: A Response To Professor Weiler, William P. Marshall 2017 University of Maine School of Law

The Lautsi Decision And The American Establishment Clause Experience: A Response To Professor Weiler, William P. Marshall

Maine Law Review

In Lautsi v. Italy, the European Court of Human Rights (“ECHR”) held that an Italian law requiring crucifixes to be displayed in public school classrooms did not violate the European Convention on Human Rights (“European Convention”). In so holding, the ECHR sent the message that it would not incorporate American nonestablishment norms into its interpretation of the European Convention. They key advocate behind the Lautsi decision was Professor Joseph Weiler. Representing the nations intervening in the case on behalf of Italy, Professor Weiler took the lead in arguing against a strict nonestablishment interpretation of the European Convention—the position that ...


The Symbolic Garden: An Intersection Of The Food Movement And The First Amendment, Jaime Bouvier 2017 University of Maine School of Law

The Symbolic Garden: An Intersection Of The Food Movement And The First Amendment, Jaime Bouvier

Maine Law Review

What is communicated when a neighbor raises raspberries instead of roses on the porch trellis, grows lacinato kale rather than creeping bentgrass in the front yard, or keeps Buckeye hens rather than a bulldog? This essay asserts that these and other urban agricultural practices are expensive—that they are not just ends in themselves but are commutative acts. These acts are intended to educate neighbors, assert a viewpoint, establish identity, and area widely viewed as symbols of support for a social and political movement—what Michael Pollan has dubbed the “Food Movement.” And, as symbolic acts, they deserve protection under ...


The State Response To Hazelwood V. Kuhlmeier, Tyler J. Buller 2017 University of Maine School of Law

The State Response To Hazelwood V. Kuhlmeier, Tyler J. Buller

Maine Law Review

It’s hard to predict what an average member of the public thinks when he or she hears the words “student newspaper.” Opinions vary. This Article goes beyond that public perception and demonstrates that student journalists across the country are doing work that matters. Student reporters uncover corruption, help hold government officials accountable to taxpayers and the public, and bring to light important issues that would otherwise go unreported. They allow students to develop academically, professionally, and socially. And they give a voice to developing citizens who are often disenfranchised from voting, holding elected office, or otherwise participating in politics ...


The Tension Between Equal Protection And Religious Freedom, John M. Greabe 2017 Franklin Pierce Law Center

The Tension Between Equal Protection And Religious Freedom, John M. Greabe

Legal Scholarship

[Excerpt] "The Constitution did not become our basic law at a single point in time. We ratified its first seven articles in 1788 but have since amended it 27 times. Many of these amendments memorialize fundamental shifts in values. Thus, it should come as no surprise to learn that the Constitution is not an internally consistent document."

"Other constitutional provisions -- even provisions that were simultaneously enacted -- protect freedoms that can come into conflict with one another. The First Amendment, for example, promises both freedom from governmental endorsement of religion and freedom from governmental interference with religious practice. But how do ...


Trending Now: The Role Of Defamation Law In Remedying Harm From Social Media Backlash, Cory Batza 2017 Pepperdine University

Trending Now: The Role Of Defamation Law In Remedying Harm From Social Media Backlash, Cory Batza

Pepperdine Law Review

Defamatory comments on social media have become commonplace. When the online community is outraged by some event, social media users often flood the Internet with hateful and false comments about the alleged perpetrator, feeling empowered by their numbers and anonymity. This wave of false and harmful information about an individual’s reputation has caused many individuals to lose their jobs and suffer severe emotional trauma. This Comment explores whether the target of social media backlash can bring a successful defamation claim against the users who have destroyed their reputations on and offline. Notably, one of the biggest hurdles these plaintiffs ...


Government Identity Speech Programs: Understanding And Applying The New Walker Test, Leslie Gielow Jacobs 2017 Pepperdine University

Government Identity Speech Programs: Understanding And Applying The New Walker Test, Leslie Gielow Jacobs

Pepperdine Law Review

In Walker v. Texas Division, Sons of Confederate Veterans, Inc., the Court extended its previous holding in Pleasant Grove City, Utah v. Summum, that a city’s donated park monuments were government speech, to the privately proposed designs that Texas accepts and stamps onto its specialty license plates. The placement of the program into the new doctrinal category is significant because the selection criteria for government–private speech combinations that produce government speech are “exempt from First Amendment scrutiny.” By contrast, when the government selects private speakers to participate in a private speech forum, its criteria must be reasonable in ...


Rwu First Amendment Blog: David Logan's Blog: Donald Trump And The Full-Employment-For-Lawyers Presidency, David A. Logan 2017 Roger Williams University School of Law

Rwu First Amendment Blog: David Logan's Blog: Donald Trump And The Full-Employment-For-Lawyers Presidency, David A. Logan

Law School Blogs

No abstract provided.


Heffernan V. City Of Paterson: Watering Down The First Amendment Retaliation Doctrine To Create A Perception Of Protection For Public Employees, Peter J. Artese 2017 University of Maryland Francis King Carey School of Law

Heffernan V. City Of Paterson: Watering Down The First Amendment Retaliation Doctrine To Create A Perception Of Protection For Public Employees, Peter J. Artese

Endnotes

No abstract provided.


“Illegal” Migration Is Speech, Daniel I. Morales 2017 DePaul University College of Law

“Illegal” Migration Is Speech, Daniel I. Morales

Indiana Law Journal

Noncitizens must comply with immigration laws just because citizens say so. The citizenry takes for granted its monopoly on immigration control, but the legitimacy of this arrangement has been called into question by cutting-edge political theorists. One prominent theorist argues, for example, that basic democratic principles require that noncitizens living outside the United States have a say in the formation of immigration law since they must obey it. This Article provides a legal response to these political theory developments, assimilating them, along with the facts on the ground, into an account of “illegal” migration as First Amendment speech.

If noncitizens ...


Voting, Spending, And The Right To Participate, Robert Yablon 2017 University of Wisconsin-Madison

Voting, Spending, And The Right To Participate, Robert Yablon

Northwestern University Law Review

While the law governing the electoral process has changed dramatically in the past decade, one thing has stayed the same: Courts and commentators continue to view voting in elections and spending on elections through distinct constitutional lenses. On the spending side, First Amendment principles guide judicial analysis, and recent decisions have been strongly deregulatory. On the voting side, courts rely on a makeshift equal protection-oriented framework, and they have tended to be more accepting of regulation. Key voting and spending precedents seldom cite each other. Similarly, election law scholars typically address voting and spending in isolation.

This Article challenges the ...


Newsroom: Panel: The Press & The President 3-28-2017, Roger Williams University School of Law 2017 Roger Williams University

Newsroom: Panel: The Press & The President 3-28-2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


What The Abortion Disclosure Cases Say About The Constitutionality Of Persuasive Government Speech On Product Labels, Leslie Gielow Jacobs 2017 Pacific McGeorge School of Law

What The Abortion Disclosure Cases Say About The Constitutionality Of Persuasive Government Speech On Product Labels, Leslie Gielow Jacobs

Leslie Gielow Jacobs

No abstract provided.


The Link Between Student Activity Fees And Campaign Finance Regulations, Leslie Gielow Jacobs 2017 Pacific McGeorge School of Law

The Link Between Student Activity Fees And Campaign Finance Regulations, Leslie Gielow Jacobs

Leslie Gielow Jacobs

No abstract provided.


Nonviolent Abortion Clinic Protests: Reevaluating Some Current Assumptions About The Proper Scope Of Government Regulations, Leslie Gielow Jacobs 2017 Pacific McGeorge School of Law

Nonviolent Abortion Clinic Protests: Reevaluating Some Current Assumptions About The Proper Scope Of Government Regulations, Leslie Gielow Jacobs

Leslie Gielow Jacobs

Regulation of nonviolent political-protest activities outside abortion clinics must balance the constitutional rights to free speech and to choose abortion, and the social value of nonviolent political protest. This Article examines and questions two current assumptions about the proper scope of government regulations. The first assumption is that, absent a constitutional obstacle under prevailing free speech jurisprudence, it is appropriate to enjoin or statutorily enhance sanctions for any variety of nonviolent political-protest activities that block access to clinics or constitute illegal trespasses. This Article argues that for a particular type of nonviolent political protest-conduct that is equivalent to speech on ...


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