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First Amendment

Brigham Young University Law School

Brigham Young University Journal of Public Law

Journal

Articles 1 - 22 of 22

Full-Text Articles in Law

A Call For State Legislators To Reconsider Their Stance On School Choice And School Funding, Leah Blake Mar 2022

A Call For State Legislators To Reconsider Their Stance On School Choice And School Funding, Leah Blake

Brigham Young University Journal of Public Law

No abstract provided.


On Criminalizing Violent Speech, Amitai Etzioni Feb 2022

On Criminalizing Violent Speech, Amitai Etzioni

Brigham Young University Journal of Public Law

There is an increasingly high number of threats to kill, made by citizens against each other, and against public officials. These threats terrorize people, force them to take protective measures, make them reluctant to assume public office, and, when they do, make them feel as though they have to act cautiously. State and federal laws currently exist that prohibit such threats. This article examines the ways the courts have affected how these laws function. It concludes by suggesting ways these laws can be rendered more effective. Drawing on liberal communitarianism, this article seeks to offer practical recommendations for how the …


The Case Of The Smart City, Bruce Peabody, Kyle Morgan Feb 2022

The Case Of The Smart City, Bruce Peabody, Kyle Morgan

Brigham Young University Journal of Public Law

January 7, 2021, marked the seventy-fifth anniversary of Marsh v. Alabama, the case in which the Supreme Court of the United States extended the protections of the First and Fourteenth Amendments to a privately held “company town.” This article makes the case that the longstanding Marsh precedent, and the basic jurisprudential framework it set out, remain important in working through twenty-first century problems regarding public-private partnerships and their impact on constitutional rights. We bring this old ruling into our new century by extrapolating a hypothetical legal controversy from legislation currently under consideration in the states. Thus, the heart of our …


Safety Net Or Trap? A Policy-Oriented Analysis Of The Public Sex Offender Registry As Compelled Speech, Ann Weigly Deam Mar 2021

Safety Net Or Trap? A Policy-Oriented Analysis Of The Public Sex Offender Registry As Compelled Speech, Ann Weigly Deam

Brigham Young University Journal of Public Law

No abstract provided.


Shutting Down Speech 101: Saving Campus Free Speech From The Heckler’S Veto And The Speech Gerrymander, Charles Adside Iii Mar 2020

Shutting Down Speech 101: Saving Campus Free Speech From The Heckler’S Veto And The Speech Gerrymander, Charles Adside Iii

Brigham Young University Journal of Public Law

No abstract provided.


A Rhetorical Revolution: The Antithesis Of The First Amendment, Eimi Priddis Yildirim Aug 2019

A Rhetorical Revolution: The Antithesis Of The First Amendment, Eimi Priddis Yildirim

Brigham Young University Journal of Public Law

No abstract provided.


Mill, Holmes, Brandeis And A True Threat To Brandenburg, Mark Strasser Mar 2012

Mill, Holmes, Brandeis And A True Threat To Brandenburg, Mark Strasser

Brigham Young University Journal of Public Law

No abstract provided.


Finding A Place For Embedded Advertising Without Eroding The First Amendment: An Analysis Of The Blurring Line Between Verisimilar Programming And Commercial Speech, Jacob J. Strain May 2009

Finding A Place For Embedded Advertising Without Eroding The First Amendment: An Analysis Of The Blurring Line Between Verisimilar Programming And Commercial Speech, Jacob J. Strain

Brigham Young University Journal of Public Law

No abstract provided.


The Public Forum Doctrine And Public Housing Authorities: Can You Say That Here?, Martin J. Rooney May 2007

The Public Forum Doctrine And Public Housing Authorities: Can You Say That Here?, Martin J. Rooney

Brigham Young University Journal of Public Law

No abstract provided.


Preaching From The State's Podium: What Speech Is Proselytizing Prohibited By The Establishment Clause?, Christian M. Keiner Mar 2007

Preaching From The State's Podium: What Speech Is Proselytizing Prohibited By The Establishment Clause?, Christian M. Keiner

Brigham Young University Journal of Public Law

No abstract provided.


Incarceration Of The Free Exercise Clause: The Sixth Circuit's Misstep In Cutter V. Wilkinson, James B. Mcmullin Mar 2005

Incarceration Of The Free Exercise Clause: The Sixth Circuit's Misstep In Cutter V. Wilkinson, James B. Mcmullin

Brigham Young University Journal of Public Law

No abstract provided.


Adding Marks To The Mix Of An Already Muddled Decision Regarding Public Forums And Freedom Of Speech On The Internet , Tyson Snow Mar 2004

Adding Marks To The Mix Of An Already Muddled Decision Regarding Public Forums And Freedom Of Speech On The Internet , Tyson Snow

Brigham Young University Journal of Public Law

No abstract provided.


Proselytizers, Pamphleteers, Pests, And Other First Amendment Champions: Watchtower Bible And Tract Society Of New York, Inc. V. Village Of Stratton, Kathryn Lusty May 2003

Proselytizers, Pamphleteers, Pests, And Other First Amendment Champions: Watchtower Bible And Tract Society Of New York, Inc. V. Village Of Stratton, Kathryn Lusty

Brigham Young University Journal of Public Law

No abstract provided.


Improper Application Of First-Amendment Scrutiny To Conduct-Based Public Nudity Laws: City Of Erie V. Pap's A.M. Perpetuates The Confusion Created By Barnes V. Glen Theatre, Inc., Aaron Brogdon May 2002

Improper Application Of First-Amendment Scrutiny To Conduct-Based Public Nudity Laws: City Of Erie V. Pap's A.M. Perpetuates The Confusion Created By Barnes V. Glen Theatre, Inc., Aaron Brogdon

Brigham Young University Journal of Public Law

No abstract provided.


The Fda Knows Best . . Or Does It? First Amendment Protection Of Health Claims On Dietary Supplements: Pearson V. Shalala, Amber K. Spencer May 2000

The Fda Knows Best . . Or Does It? First Amendment Protection Of Health Claims On Dietary Supplements: Pearson V. Shalala, Amber K. Spencer

Brigham Young University Journal of Public Law

No abstract provided.


Lemon Is A Lemon: Toward A Rational Interpretation Of The Establishment Clause, Thomas C. Marks Jr., Michael Bertolini Mar 1997

Lemon Is A Lemon: Toward A Rational Interpretation Of The Establishment Clause, Thomas C. Marks Jr., Michael Bertolini

Brigham Young University Journal of Public Law

No abstract provided.


Religion, The First Amendment, And Public Education, Warren A. Nord Mar 1994

Religion, The First Amendment, And Public Education, Warren A. Nord

Brigham Young University Journal of Public Law

No abstract provided.


Religion, Zoning, And The Free Exercise Clase: The Impact Of Employment Division V. Smith, Bradley Donald Parkinson Mar 1993

Religion, Zoning, And The Free Exercise Clase: The Impact Of Employment Division V. Smith, Bradley Donald Parkinson

Brigham Young University Journal of Public Law

No abstract provided.


No Constitutional Shelter: The Ninth Circuit's Reading Of The Hybrid Claims Doctrine In American Friends Service Committee Corp. V. Thornburgh, Shawn Gunnarson Mar 1993

No Constitutional Shelter: The Ninth Circuit's Reading Of The Hybrid Claims Doctrine In American Friends Service Committee Corp. V. Thornburgh, Shawn Gunnarson

Brigham Young University Journal of Public Law

No abstract provided.


The Rise And Fall Of The Religion Clauses, Frederick Mark Gedicks Sep 1992

The Rise And Fall Of The Religion Clauses, Frederick Mark Gedicks

Brigham Young University Journal of Public Law

No abstract provided.


Brown V. Palmer: Public Forum Analysis And The Military, David M. Jones Mar 1992

Brown V. Palmer: Public Forum Analysis And The Military, David M. Jones

Brigham Young University Journal of Public Law

No abstract provided.


Solicitation On Postal Premises: United States V. Kokinda, Jay R. Larsen Mar 1992

Solicitation On Postal Premises: United States V. Kokinda, Jay R. Larsen

Brigham Young University Journal of Public Law

No abstract provided.