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First Amendment

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First amendment

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Aba Model Rule 8.4(G), Discriminatory Speech, And The First Amendment, Bruce Green, Rebecca Roiphe Apr 2022

Aba Model Rule 8.4(G), Discriminatory Speech, And The First Amendment, Bruce Green, Rebecca Roiphe

Articles & Chapters

The ABA adopted Model Rule 8.4(g), which targets certain speech and conduct that are based on “race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status.” In particular, according to the accompanying comment, Rule 8.4(g) reaches speech that is “derogatory and demeaning” or that “manifests bias or prejudice towards others” and is “harmful” (including, presumably, emotionally harmful). This rule targets a significant amount of speech that would be constitutionally protected if it were uttered by a nonlawyer. This article argues that there is no justification for treating lawyers differently from others in many …


Beyond The Fourth Amendment: Additional Constitutional Guarantees That Mass Surveillance Violates, Nadine Strossen Jan 2015

Beyond The Fourth Amendment: Additional Constitutional Guarantees That Mass Surveillance Violates, Nadine Strossen

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The ongoing dragnet communications surveillance programs raise multiple statutory and constitutional problems. Each problem alone, and even more so the whole combination, provides a serious ground at least for vastly curbing such programs, if not ending them. This Article reviews constitutional challenges to these programs to evaluate the likely success of current and future litigants.


Make Your Own Kind Of Music: Queer Student Groups And The First Amendment, Doni Gewirtzman Jan 1998

Make Your Own Kind Of Music: Queer Student Groups And The First Amendment, Doni Gewirtzman

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As openly gay and lesbian students become a more regular presence in public high schools, students in many schools have started lesbian and gay student organizations. In response, some school districts and state legislatures have attempted to prevent the clubs from meeting, either through categorical bans on all extracurricular groups or through legislation specifically designed to prevent the gay clubs from meeting. This Comment examines the First Amendment issues raised by these efforts. It argues that the Supreme Court's current approach to student speech, which focuses on whether the speech is school sponsored and on the application of public forum …


Original Intent, History And Levy’S Establishment Clause. Book Review Of The Establishment Clause: Religion And The First Amendment, By Leonard W. Levy, Ruti Teitel Jan 1990

Original Intent, History And Levy’S Establishment Clause. Book Review Of The Establishment Clause: Religion And The First Amendment, By Leonard W. Levy, Ruti Teitel

Articles & Chapters

No abstract provided.


The Supreme Court’S 1984–85 Church-State Decisions: Judicial Paths Of Least Resistance, Ruti G. Teitel Jan 1986

The Supreme Court’S 1984–85 Church-State Decisions: Judicial Paths Of Least Resistance, Ruti G. Teitel

Articles & Chapters

No abstract provided.


Regulation Of Cable Television In The United States, Michael Botein Jan 1982

Regulation Of Cable Television In The United States, Michael Botein

Articles & Chapters

No abstract provided.