Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- First Amendment (2)
- Advertising Law (1)
- Church and State (1)
- Commercial Speech Doctrine (1)
- Constitution (1)
-
- Establishment clause (1)
- First amendment (1)
- Free speech (1)
- Freedom of Religion (1)
- Freedom to receive (1)
- Incitement (1)
- Intellectual freedom (1)
- Internet filter (1)
- Judicial Candidates (1)
- Polygamy (1)
- Public library (1)
- Seminole Tribe v. Florida (517 U.S. 44 (1996)) (1)
- Sovereign Immunity (1)
- State Immunities (1)
- Stephen A. Smith (1)
- United States Consitition 1st Amendment (1)
- United States Constitution 11th Amendment (1)
- United States Constitution 1st Amendment (1)
- United States Constitution Article 1 (1)
- United States Constitution Article 3 (1)
Articles 1 - 9 of 9
Full-Text Articles in Law
To What Extent Does The Power Of Government To Determine The Boundaries And Conditions Of Lawful Commerce Permit Government To Declare Who May Advertise And Who May Not?, William W. Van Alstyne
To What Extent Does The Power Of Government To Determine The Boundaries And Conditions Of Lawful Commerce Permit Government To Declare Who May Advertise And Who May Not?, William W. Van Alstyne
Faculty Publications
No abstract provided.
The Metes And Bounds Of State Sovereign Immunity, Scott Dodson
The Metes And Bounds Of State Sovereign Immunity, Scott Dodson
Faculty Publications
What are the constitutional parameters of state sovereign immunity? The Court has made clear that certain provisions of Article I contain no authority for overriding state sovereign immunity, while at least one other provision, the Fourteenth Amendment, permits Congress to abrogate the states’ sovereign immunity. How is this constitutional line drawn? It is temporally bound? In other words, are only certain Amendments enacted after the Eleventh Amendment free from absolute subservience to state sovereign immunity? Or, does it divide the original Constitution and its Amendments, meaning that state sovereign immunity permeates the original Constitution but does not infiltrate certain Amendments, …
Compelled Expression And The Public Forum Doctrine, Howard M. Wasserman
Compelled Expression And The Public Forum Doctrine, Howard M. Wasserman
Faculty Publications
This Article analyzes the theory underlying the Fist Amendment protection against being compelled by government to utter, present, or fund unwanted expression. The author creates a three-part model for determining when the fire speech rights of an objecting payer have been triggered. Under that model, First Amendment rights are implicated when there has been an actual government compulsion requiring an individual to give money to, or for the express benefit of, a specific private speaker for some use that, in itself, should be understood as expressive. This model strikes a necessary balance between the important theoretical underpinnings of the protection …
Use "The Filter You Were Born With": The Unconstitutionality Of Mandatory Internet Filtering For The Adult Patrons Of Public Libraries, Richard J. Peltz-Steele
Use "The Filter You Were Born With": The Unconstitutionality Of Mandatory Internet Filtering For The Adult Patrons Of Public Libraries, Richard J. Peltz-Steele
Faculty Publications
The only federal court (at the time of this writing) to consider the question ruled unconstitutional the mandatory filtering of Internet access for the adult patrons of public libraries. That 1998 decision helped the American Library Association and other free speech advocates fend off mandatory filtering for two years at the state and federal level, against the vigorous efforts of filtering proponents. Then, in 2000, the U.S. Congress conditioned federal funding of libraries on filter use, forcing the question into the courts as the latest colossal struggle over Internet regulation. This Article contends that the federal court in 1998 was …
The Establishment Clause As A Structural Restraint: Validations And Ramifications, Carl H. Esbeck
The Establishment Clause As A Structural Restraint: Validations And Ramifications, Carl H. Esbeck
Faculty Publications
The opening phrase of the First Amendment to the U.S. Constitution provides, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." The free exercise clause functions as an individual right with its purpose being to forestall personal religious harm. Its underlying principle is that in religious matters a person ought to be free of coercion caused by the government and thereby not made to suffer for cause of conscience. The function of the establishment clause is altogether different, for its purpose is to restrain government from using its powers to act on matters …
Brandenburg And The United States War On Incitement Abroad: Defending A Double Standard, Lyrissa Lidsky
Brandenburg And The United States War On Incitement Abroad: Defending A Double Standard, Lyrissa Lidsky
Faculty Publications
While it is perfectly legitimate for the United States to attempt to persuade foreign citizens and media not to engage in advocacy of violent acts, the administration's rhetoric suggests that the United States expects foreign governments to take action against speech that would be protected by the First Amendment in the United States. What explains this apparent hypocrisy? Is this simply another example of the United States touting democracy at home while supporting despotism abroad? Or is the Brandenburg incitement standard so socially and culturally contingent that it is not appropriate for export, at least to the Arab Middle East? …
Criminal Speech And The First Amendment, Benjamin Means
Criminal Speech And The First Amendment, Benjamin Means
Faculty Publications
No abstract provided.
Constitutional Law Leading Cases: Judicial Elections, Nathan B. Oman
Constitutional Law Leading Cases: Judicial Elections, Nathan B. Oman
Faculty Publications
No abstract provided.
The Story Of A Forgotten Battle, Nathan B. Oman
The Story Of A Forgotten Battle, Nathan B. Oman
Faculty Publications
No abstract provided.