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Constitutional Law

Roger Williams University

Law Faculty Scholarship

First Amendment

Articles 1 - 7 of 7

Full-Text Articles in Law

Advising Terrorism: Material Support, Safe Harbors, And Freedom Of Speech, Peter Margulies Jan 2011

Advising Terrorism: Material Support, Safe Harbors, And Freedom Of Speech, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Art As Speech, Edward J. Eberle Jan 2007

Art As Speech, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.


Roger Williams On Liberty Of Conscience, Edward J. Eberle Apr 2005

Roger Williams On Liberty Of Conscience, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.


Cross Burning, Hate Speech, And Free Speech In America, Edward J. Eberle Oct 2004

Cross Burning, Hate Speech, And Free Speech In America, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.


Roger Williams's Gift: Religious Freedom In America, Edward J. Eberle Apr 1999

Roger Williams's Gift: Religious Freedom In America, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.


Hate Speech, Offensive Speech, And Public Discourse In America, Edward J. Eberle Jan 1994

Hate Speech, Offensive Speech, And Public Discourse In America, Edward J. Eberle

Law Faculty Scholarship

In this article, Professor Eberle discusses several limitations on governmental power to regulate public discourse. After examining the United States Supreme Court decisions of R.A.V. v. City of St. Paula nd Wisconsin v. Mitchell, Professor Eberle concludes that government should refrain from regulating speech itself. Rather, any restrictions should focus strictly on the problematic conduct underlying the speech which justifies regulation. Professor Eberle also concludes that the Court has implicitly recognized two distinct subcategories of "content" discrimination and viewpoint discrimination. Both subcategories are presumptively unconstitutional and nominally subject to conventional strict scrutiny. The Court, however, finds viewpoint discrimination more dangerous …


Prior Restraint Of Expression Through The Private Search Doctrine, Edward J. Eberle Jan 1983

Prior Restraint Of Expression Through The Private Search Doctrine, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.