Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- 1st amendment (33)
- First Amendment (11)
- Constitution (6)
- Religion (6)
- SCOTUS (6)
-
- Free speech (5)
- Freedom of speech (5)
- Establishment Clause (4)
- Establishment clause (4)
- Freedom of the press (4)
- FCC (3)
- Law (3)
- Right to privacy (3)
- Speech (3)
- Academic freedom (2)
- Branzburg v. Hayes (2)
- Censorship (2)
- Classroom (2)
- Commercial speech (2)
- Constitutional law (2)
- Defamation (2)
- Editorial privilege (2)
- First amendment (2)
- Herbert v. Lando (2)
- Invasion of privacy (2)
- Picketing (2)
- Protest (2)
- Strikes (2)
- Tort (2)
- Zelman (2)
- Publication Year
- Publication
- Publication Type
Articles 1 - 30 of 81
Full-Text Articles in Law
Religious Exemptions, Third-Party Harms, And The False Analogy To Church Taxes, Christopher C. Lund
Religious Exemptions, Third-Party Harms, And The False Analogy To Church Taxes, Christopher C. Lund
Kentucky Law Journal
No abstract provided.
The First Amendment, Compelled Speech & Minors: Jettisoning The Fcc Mandate For Children's Television Programming, Clay Calvert
The First Amendment, Compelled Speech & Minors: Jettisoning The Fcc Mandate For Children's Television Programming, Clay Calvert
Kentucky Law Journal
No abstract provided.
The Costs Of Conscience, Micah Schwartzman, Nelson Tebbe, Richard Schragger
The Costs Of Conscience, Micah Schwartzman, Nelson Tebbe, Richard Schragger
Kentucky Law Journal
No abstract provided.
Public Fora And The Problem Of Too Much Speech, R. George Wright
Public Fora And The Problem Of Too Much Speech, R. George Wright
Kentucky Law Journal
No abstract provided.
Religious Exemptions, Harm To Others, And The Indeterminacy Of A Common Law Baseline, Elizabeth Sepper
Religious Exemptions, Harm To Others, And The Indeterminacy Of A Common Law Baseline, Elizabeth Sepper
Kentucky Law Journal
No abstract provided.
Putting The "Exercise" Back In Free Exercise, Eric J. Segall
Putting The "Exercise" Back In Free Exercise, Eric J. Segall
Kentucky Law Journal
No abstract provided.
Religious Accommodations And Third-Party Harms: Constitutional Values And Limits, Kathleen A. Brady
Religious Accommodations And Third-Party Harms: Constitutional Values And Limits, Kathleen A. Brady
Kentucky Law Journal
No abstract provided.
Permissible Accommodation Or Impermissible Endorsement? A Proposed Approach To Religious Exemptions And The Establishment Clause, Gary J. Simson
Permissible Accommodation Or Impermissible Endorsement? A Proposed Approach To Religious Exemptions And The Establishment Clause, Gary J. Simson
Kentucky Law Journal
No abstract provided.
Religious Liberty Versus Rights Of Others, Arnold H. Loewy
Religious Liberty Versus Rights Of Others, Arnold H. Loewy
Kentucky Law Journal
No abstract provided.
Tinker Tortured: The Scope Of Student Off-Campus Viral Speech Rights In The Federal Circuits, Kevin Nathaniel Troy Fowler
Tinker Tortured: The Scope Of Student Off-Campus Viral Speech Rights In The Federal Circuits, Kevin Nathaniel Troy Fowler
Kentucky Law Journal
No abstract provided.
Rluipa And The Limits Of Religious Institutionalism, Zachary A. Bray
Rluipa And The Limits Of Religious Institutionalism, Zachary A. Bray
Law Faculty Scholarly Articles
What special protections, if any, should religious organizations receive from local land use controls? The Religious Land Use and Institutionalized Persons Act (“RLUIPA”)—a deeply flawed statute—has been a magnet for controversy since its passage in 2000. Yet until recently, RLUIPA has played little role in debates about “religious institutionalism,” a set of ideas that suggest religious institutions play a distinctive role in developing the framework for religious liberty and that they deserve comparably distinctive deference and protection. This is starting to change: RLUIPA’s magnetic affinity for controversy has begun to connect conflicts over religious land use with larger debates about …
A Benign Prior Restraint Rule For Public School Classroom Speech, Scott R. Bauries
A Benign Prior Restraint Rule For Public School Classroom Speech, Scott R. Bauries
Law Faculty Scholarly Articles
This Article is a contribution to a symposium on schools and free speech. It advances the claim that the First Amendment doctrines that apply to the classroom should adopt a benign prior restraint rule. In the case of teacher classroom speech, the Garcetti rule should apply where the government’s action in interfering with the speech constitutes a prior restraint—the First Amendment should not reach such interference. In cases where a teacher first speaks and then is later punished for that speech, however, basic notions of due process and the dangers of arbitrary governmental decision making are far more pressing, and …
A Uniform Test Isn't Here Right Now, But Please Leave A Message: How Altering The Spence Symbolic Speech Test Can Better Meet The Needs Of An Expressive Society, Caitlin Housley
Kentucky Law Journal
No abstract provided.
Student Press Law: Past, Present, And Future, David R. Wheeler
Student Press Law: Past, Present, And Future, David R. Wheeler
Theses and Dissertations--Communication
This dissertation will identify and describe the state of the law regarding student speech and press freedom. The following questions will be explored: What rights do young people have? What standards have state and federal courts established? To what extent and how clearly have state statutes defined student expressive rights? What do state laws say about this topic? What issues have yet to be addressed, either because a case has not raised certain issues or because the issue does not lend itself to compromise or a clear solution? How does the capacity of social media for widespread and rapid dissemination …
Sexting And Freedom Of Expression: A Comparative Approach, Joanne Sweeny
Sexting And Freedom Of Expression: A Comparative Approach, Joanne Sweeny
Kentucky Law Journal
No abstract provided.
Individual Academic Freedom: An Ordinary Concern Of The First Amendment, Scott R. Bauries
Individual Academic Freedom: An Ordinary Concern Of The First Amendment, Scott R. Bauries
Law Faculty Scholarly Articles
Our Nation is deeply committed to safeguarding academic freedom, which is of transcendent value to all of us, and not merely to the teachers concerned. That freedom is therefore a special concern of the First Amendment, which does not tolerate laws that cast a pall of orthodoxy over the classroom.
There is some argument that expression related to academic scholarship or classroom instruction implicates additional constitutional interests that are not fully accounted for by this Court's customary employee-speech jurisprudence. We need not, and for that reason do not, decide whether the analysis we conduct today would apply in the same …
Compelled Investigatory And Testimonial Speech: An Overdue Clarification Of The Public Employee Speech Doctrine That Rehabilitates "All Of The Values At Stake", Molly K. Smith
Kentucky Law Journal
No abstract provided.
You Can’T Post That . . . Or Can You? Legal Issues Related To College And University Students’ Online Speech, Neal H. Hutchens
You Can’T Post That . . . Or Can You? Legal Issues Related To College And University Students’ Online Speech, Neal H. Hutchens
Educational Policy Studies and Evaluation Faculty Publications
Online activities increasingly represent a common part of the student experience. Along with seeking to engage students in positive ways in relation to their online activities, colleges and universities must also deal with instances of when students’ online expression potentially violates campus conduct standards. This article provides a review of legal standards relevant to students’ online speech, including an examination of cases arising in an online context.
Snyder V. Phelps: A Hard Case That Did Not Make Bad Law, Paul E. Salamanca
Snyder V. Phelps: A Hard Case That Did Not Make Bad Law, Paul E. Salamanca
Law Faculty Scholarly Articles
In Snyder v. Phelps, the Court stood by the First Amendment in hard times. A religious group conducted a protest some 1,000 feet from a fallen marine's funeral, holding such pickets as “God Hates the USA,” “Thank God for Dead Soldiers,” and “You're Going to Hell.” Despite the empathy that virtually anyone would feel for the marine's grieving father, the Court held by a vote of eight to one that his action for intentional infliction of emotional distress and intrusion upon seclusion could not survive, owing largely to the public nature of the issues the protesters had raised. “Hard …
Brief Of Amicus Curiae Id Software Llc In Support Of Respondents, Paul E. Salamanca, James T. Drakeley, D. Wade Cloud Jr., Kevin J. Keith, J. Griffin Lesher, Amy Yeung
Brief Of Amicus Curiae Id Software Llc In Support Of Respondents, Paul E. Salamanca, James T. Drakeley, D. Wade Cloud Jr., Kevin J. Keith, J. Griffin Lesher, Amy Yeung
Law Faculty Advocacy
No abstract provided.
A Confused Concern Of The First Amendment: The Uncertain Status Of Constitutional Protection For Individual Academic Freedom, Neal H. Hutchens
A Confused Concern Of The First Amendment: The Uncertain Status Of Constitutional Protection For Individual Academic Freedom, Neal H. Hutchens
Educational Policy Studies and Evaluation Faculty Publications
The question of whether the First Amendment protects the individual academic freedom of faculty members at public colleges and universities has resulted in divergent views among courts and legal scholars. In joining the ongoing discourse regarding constitutional protection for academic freedom, this article considers using academic freedom policies and standards voluntarily adopted by institutions as a basis to provide First Amendment protection for faculty speech at public colleges and universities. The article proposes that such policies present one alternative to help clear some of the legal fog regarding First Amendment protection for individual academic freedom, especially in relation to the …
Silence At The Schoolhouse Gate: The Diminishing First Amendment Rights Of Public School Employees, Neal H. Hutchens
Silence At The Schoolhouse Gate: The Diminishing First Amendment Rights Of Public School Employees, Neal H. Hutchens
Kentucky Law Journal
No abstract provided.
Grounding Cyberspeech: Public Schools' Authority To Discipline Students For Internet Activity, Sarah O. Cronan
Grounding Cyberspeech: Public Schools' Authority To Discipline Students For Internet Activity, Sarah O. Cronan
Kentucky Law Journal
No abstract provided.
Deus Ex Machina And The Unfulfilled Promise Of New York Times V. Sullivan: Applying The Times For All Seasons, Joseph H. King Jr.
Deus Ex Machina And The Unfulfilled Promise Of New York Times V. Sullivan: Applying The Times For All Seasons, Joseph H. King Jr.
Kentucky Law Journal
No abstract provided.
Open Season On The Journalist's Privilege: Do Recent Rulings Represent A Trend Against Assertions Of The Privilege Or Proper Applications Of Existing Law?, Will E. Messer
Kentucky Law Journal
No abstract provided.
The Liberal Polity And Illiberalism In Religious Traditions, Paul E. Salamanca
The Liberal Polity And Illiberalism In Religious Traditions, Paul E. Salamanca
Law Faculty Scholarly Articles
It is in the nature of religious traditions to be somewhat illiberal. Indeed, a religion that does not require its adherents to affirm at least some belief is probably a logical impossibility. Christians, for example, must believe something about the nature of Christ. Even Unitarians, who advocate tolerance of all religions, must affirm a belief in tolerance.
Recently, and largely because of the events of September 11, 2001, enhanced attention has been paid to certain potentially illiberal aspects of Islam in the United States. The journalist Daniel Pipes, for example, has written about certain Moslem Americans who, according to his …
Quo Vadis: The Continuing Metamorphosis Of The Establishment Clause Toward Realistic Substantive Neutrality, Paul E. Salamanca
Quo Vadis: The Continuing Metamorphosis Of The Establishment Clause Toward Realistic Substantive Neutrality, Paul E. Salamanca
Law Faculty Scholarly Articles
For years, the rhetoric of substantive neutrality has dominated interpretation of the Establishment Clause. Under this approach, courts and commentators purport to ask whether a public policy under scrutiny is likely to affect religious choices in an unacceptable way. In fact, so broadly has this approach been taken that both separationists and accommodationists resort to it freely, although with radically differing perceptions as to when policy becomes unacceptable. Arguably, however, adherents to this approach have paid insufficient attention to religious behavior per se. Had they paid sufficient attention to this phenomenon, they would have been forced to acknowledge that little …
Choice Programs And Market-Based Separationism, Paul E. Salamanca
Choice Programs And Market-Based Separationism, Paul E. Salamanca
Law Faculty Scholarly Articles
The Supreme Court's recent decision in Zelman v. Simmons-Harris appears to clear the way for a wide variety of educational and charitable choice plans. In this decision, the Court upheld against Establishment Cause Challenge a formally neutral school choice program that encompassed a wide variety of options in the public and private sector, including private sectarian schools. The Court reasoned that, when the government makes aid available to a broad class of recipients without regard to their religious or non-religious affiliation, and when the recipients have a genuine choice as to whether to obtain that aid from a religious or …
Prior Restraint In Wartime, Paul E. Salamanca
Prior Restraint In Wartime, Paul E. Salamanca
Law Faculty Popular Media
In this article for Bench & Bar Magazine (the Kentucky Bar Association's magazine), Professor Paul E. Salamanca discusses the First Amendment during times of war or conflict.
Religion, Establishment, And The Northwest Ordinance: A Closer Look At An Accommodationist Argument, Thomas Nathan Peters
Religion, Establishment, And The Northwest Ordinance: A Closer Look At An Accommodationist Argument, Thomas Nathan Peters
Kentucky Law Journal
No abstract provided.