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Full-Text Articles in Law
First Amendment Protection Of Teachers' Instructional Speech: Extending Rust V. Sullivan To Ensure That Teachers Do Not Distort The Government Message, Emily White Kirsch
First Amendment Protection Of Teachers' Instructional Speech: Extending Rust V. Sullivan To Ensure That Teachers Do Not Distort The Government Message, Emily White Kirsch
Cleveland State Law Review
The emergence of political activism in the 2008 presidential election extended throughout the country and even to where partisan politics have no place: the public school classroom. In 2004, the New York City Board of Education enacted a regulation that prohibited teachers from wearing any material supporting political candidates or organizations. During the 2008 election, teachers who wanted to wear partisan political buttons in the classroom while teaching claimed that the regulation violated their First Amendment rights. Although the Southern District of New York ultimately held that the teachers had no First Amendment claim, the court's decision, which involved sorting …
Fighting Words As Free Speech, Stephen W. Gard
Fighting Words As Free Speech, Stephen W. Gard
Law Faculty Articles and Essays
It is now settled that "above all else, the first amendment means that government has no power to restrict expression because of its message, its ideas, its subject matter, or its content." Despite the universal acceptance of this general principle, the United States Supreme Court has created several exceptions. In appropriate cases libel, obscenity, commercial speech, and offensive language may be censored without contravention of the first amendment guarantee of freedom of expression. The source of each of these exceptions to the general principle of governmental neutrality regarding the content of expression is Chaplinsky v. New Hampshire.
The Impact Of Pacifica Foundation On Two Traditions Of Freedom Of Expression, Stephen W. Gard, Jeffrey Endress
The Impact Of Pacifica Foundation On Two Traditions Of Freedom Of Expression, Stephen W. Gard, Jeffrey Endress
Cleveland State Law Review
The United States Supreme Court, in FCC v. Pacifica Foundation, had a magnificent opportunity to either begin the process of defining first amendment limitations on the scope of the authority of the FCC to regulate the content of broadcast expression, explicate a rational ground for the differential status of broadcasting, or perhaps both. The purpose of this article is not to debate the wisdom of the use of sensitive language on the electronic media or elsewhere. Nor is it our purpose to debate the substantive question of whether the Court reached the proper result in Pacifica, although we will necessarily …
The Impact Of Pacifica Foundation On Two Traditions Of Freedom Of Expression (With Endress), Stephen W. Gard
The Impact Of Pacifica Foundation On Two Traditions Of Freedom Of Expression (With Endress), Stephen W. Gard
Law Faculty Articles and Essays
The purpose of this article is not to debate the wisdom of the use of sensitive language on the electronic media or elsewhere. The admonition that the perceived wisdom of governmental regulations should never be confused with the issue of their constitutionality remains appropriate. Nor is it our purpose to debate the substantive question of whether the Court reached the proper result in Pacifica, although we will necessarily have much to say by implication on this issue. The purpose of this article is rather to assess the impact of Pacifica on the two traditions of freedom of expression which continue …
The Impact Of Pacifica Foundation On Two Traditions Of Freedom Of Expression, Stephen W. Gard, Jeffrey Endress
The Impact Of Pacifica Foundation On Two Traditions Of Freedom Of Expression, Stephen W. Gard, Jeffrey Endress
Cleveland State Law Review
The United States Supreme Court, in FCC v. Pacifica Foundation, had a magnificent opportunity to either begin the process of defining first amendment limitations on the scope of the authority of the FCC to regulate the content of broadcast expression, explicate a rational ground for the differential status of broadcasting, or perhaps both. The purpose of this article is not to debate the wisdom of the use of sensitive language on the electronic media or elsewhere. Nor is it our purpose to debate the substantive question of whether the Court reached the proper result in Pacifica, although we will necessarily …