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- First Amendment (9)
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- Publication
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- First Amendment Law Review (16)
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Articles 1 - 30 of 72
Full-Text Articles in Law
Architecture As Art? Not In My Neocolonial Neighborhood: A Case For Providing First Amendment Protection To Expressive Residential Architecture, Janet Elizabeth Haws
Architecture As Art? Not In My Neocolonial Neighborhood: A Case For Providing First Amendment Protection To Expressive Residential Architecture, Janet Elizabeth Haws
BYU Law Review
No abstract provided.
The Fear Factor: How Fcc Fines Are Chilling Free Speech, Noelle Coates
The Fear Factor: How Fcc Fines Are Chilling Free Speech, Noelle Coates
William & Mary Bill of Rights Journal
No abstract provided.
Protecting Student Speech Rights While Increasing School Safety: School Jurisdiction And The Search For Warning Signs In A Post-Columbine/Red Lake Environment, Richard Salgado
BYU Law Review
No abstract provided.
Whither Copyright? Transformative Use, Free Speech, And An Intermediate Liability Proposal, John Tehranian
Whither Copyright? Transformative Use, Free Speech, And An Intermediate Liability Proposal, John Tehranian
BYU Law Review
No abstract provided.
The Market For Legal Education And Freedom Of Association: Why The "Solomon Amendment" Is Constitutional And Law Schools Are Not Expressive Associations, Andrew P. Morriss
The Market For Legal Education And Freedom Of Association: Why The "Solomon Amendment" Is Constitutional And Law Schools Are Not Expressive Associations, Andrew P. Morriss
William & Mary Bill of Rights Journal
This term the Supreme Court will confront the constitutionality of the Solomon Amendment, which mandates equal access for military recruiters at universities that accept federal funding. The Third Circuit previously held the statute unconstitutional. This Article argues that the Court should reverse and uphold the statute because the lower court failed to consider the cartelized nature of legal education and so assumed that law schools are "expressive associations" entitled to assert First Amendment claims; the court also failed to give proper deference to Congress's exercise of its Article I power to raise and support armies and over-valued law faculties' interest …
Up Against The Wall Of Separation: The Question Of American Religious Democracy, Bruce Ledewitz
Up Against The Wall Of Separation: The Question Of American Religious Democracy, Bruce Ledewitz
William & Mary Bill of Rights Journal
No abstract provided.
Putting Religious Symbolism In Context: A Linguistic Critique Of The Endorsement Test, B. Jessie Hill
Putting Religious Symbolism In Context: A Linguistic Critique Of The Endorsement Test, B. Jessie Hill
Michigan Law Review
The treatment of Establishment Clause challenges to displays of religious symbolism by the Supreme Court and the lower courts is notoriously unpredictable: a crèche is constitutionally acceptable if it is accompanied by a Santa Claus house and reindeer, a Christmas tree, and various circus figures, but unacceptable if it is accompanied by poinsettias, a "peace tree," or a wreath, a tree, and a plastic Santa Claus. A menorah may be displayed next to a Christmas tree, or next to Kwanzaa symbols, Santa Claus, and Frosty the Snowman, but not next to a crèche and a Christmas tree. A number of …
Small Hope Floats: How The Lower Courts Have Sunk The Right Of Privacy, Stephanie D. Taylor
Small Hope Floats: How The Lower Courts Have Sunk The Right Of Privacy, Stephanie D. Taylor
West Virginia Law Review
No abstract provided.
Solomon's Choice: The Spending Clause And First Amendment Rights In Forum For Academic & Institutional Rights V. Rumsfeld, Emily R. Hutchinson
Solomon's Choice: The Spending Clause And First Amendment Rights In Forum For Academic & Institutional Rights V. Rumsfeld, Emily R. Hutchinson
Washington Law Review
The Solomon Amendment denies federal funding to institutions of higher education that interfere with military recruiting on campus. In Forum for Academic & Institutional Rights v. Rumsfeld, the United States Court of Appeals for the Third Circuit examined the constitutionality of the Solomon Amendment using traditional First Amendment analysis. The court applied strict scrutiny and held that it was reasonably likely that the Solomon Amendment impermissibly infringed the First Amendment rights of an association of law schools and law faculty. This Note argues that the Solomon Amendment is a valid exercise of Congress's constitutionally-mandated duties to spend for the …
"Gouging The Government": Why A Federal Contingency Fee Lobbying Prohibition Is Consistent With First Amendment Freedoms, Meredith A. Capps
"Gouging The Government": Why A Federal Contingency Fee Lobbying Prohibition Is Consistent With First Amendment Freedoms, Meredith A. Capps
Vanderbilt Law Review
Washington Post writer David Segal once observed, "[f]or most Americans the words 'Washington lobbyist' have roughly the same cachet as, say, 'deadbeat dad."" Both lawmakers and the public regard lobbying as an unsavory part of the political process. Much of this perception stems from the vast sums of money spent each year on lobbying activity. For example, in the first half of 2004 alone, mortgage funding companies Fannie Mae and Freddie Mac reported spending over $11 million on lobbying activities, General Electric spent $8.5 million, and the U.S. Chamber of Commerce spent $20.1 million-and these were only three of the …
Sailing Toward Safe Harbor Hours: The Constitutionality Of Regulating Television Violence, Eric C. Chaffee
Sailing Toward Safe Harbor Hours: The Constitutionality Of Regulating Television Violence, Eric C. Chaffee
University of Michigan Journal of Law Reform
Because of the recent focus on television violence, it is more a question of "when," rather than "if," Congress will take action on this issue. "Safe harbor" regulation, or restricting violent programming to certain hours of the day, is one form of regulation that is recurrently suggested as a means for dealing with the potential ills created by television violence. The possibility of such regulation implicates numerous constitutional issues. This Article addresses whether "safe harbor" regulation of television violence is feasible without violating the First Amendment and other provisions of the Constitution.
Constitutional Law—First Amendment And Freedom Of Thought—Banishing Sex Offenders: Seventh Circuit Upholds Sex Offender's Ban From Public Parks After Thinking Obscene Thoughts About Children. Doe V. City Of Lafayette, 377 F.3d 757 (7th Cir. 2004)., Elizabeth Cloud
University of Arkansas at Little Rock Law Review
No abstract provided.
The Original Meaning Of The Establishment Clause, Robert G. Natelson
The Original Meaning Of The Establishment Clause, Robert G. Natelson
William & Mary Bill of Rights Journal
No abstract provided.
Ten Commandments, Nine Judges, And Five Versions Of One Amendment - The First. ("Now What?"), William W. Van Alstyne
Ten Commandments, Nine Judges, And Five Versions Of One Amendment - The First. ("Now What?"), William W. Van Alstyne
William & Mary Bill of Rights Journal
No abstract provided.
The Supreme Court And The Ten Commandments: Compounding The Establishment Clause Confusion, Jay A. Sekulow, Francis J. Manion
The Supreme Court And The Ten Commandments: Compounding The Establishment Clause Confusion, Jay A. Sekulow, Francis J. Manion
William & Mary Bill of Rights Journal
No abstract provided.
Upholding The Unbroken Tradition: Constitutional Acknowledgment Of The Ten Commandments In The Public Square, Greg Abbott
Upholding The Unbroken Tradition: Constitutional Acknowledgment Of The Ten Commandments In The Public Square, Greg Abbott
William & Mary Bill of Rights Journal
No abstract provided.
Sex, Politics, And Morality, Edward L. Rubin
Sex, Politics, And Morality, Edward L. Rubin
William & Mary Law Review
No abstract provided.
Credibility And The Press: A Response To Professor Loewy, Clay Calvert
Credibility And The Press: A Response To Professor Loewy, Clay Calvert
First Amendment Law Review
No abstract provided.
Contents, First Amendment Law Review
An Unworkable Solution For A Non-Existent Problem: A Reply To Professor Calvert, Arnold H. Loewy
An Unworkable Solution For A Non-Existent Problem: A Reply To Professor Calvert, Arnold H. Loewy
First Amendment Law Review
No abstract provided.
Who Is A "Journalist"?, Howard Fineman
Who Is A "Journalist"?, Howard Fineman
First Amendment Law Review
No abstract provided.
The First Amendment, Journalism & Credibility: A Trio Of Reforms For A Meaningful Free Press More Than Three Decades After Tornillo, Clay Calvert
First Amendment Law Review
No abstract provided.
The Jurisprudence Of The Media's Access To Voting Polls, Blake D. Morant
The Jurisprudence Of The Media's Access To Voting Polls, Blake D. Morant
First Amendment Law Review
No abstract provided.
Swift Boat Vets In 2004: Press Coverage Of An Independent Campaign, Albert L. May
Swift Boat Vets In 2004: Press Coverage Of An Independent Campaign, Albert L. May
First Amendment Law Review
No abstract provided.
Religion And Housing For The Homeless: Using The First Amendment And The Religious Land Use Act To Convert Religious Faith Into Safe, Affordable Housing., David L. Abney
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
Freedom Of Thought, Offensive Fantasies And The Fundamental Human Right To Hold Deviant Ideas: Why The Seventh Circuit Got It Wrong In Doe V. City Of Lafayette, Indiana, Clay Calvert
The University of New Hampshire Law Review
[Excerpt] “A precarious balance and considerable tension exists between two competing legal interests – the essential, First Amendment-grounded human right to freedom of thought, on the one hand, and the desire to prevent harm and injury that might occur if thought is converted to action, on the other. To understand this tension, it is useful to start by considering three different and disturbing factual scenarios.
This article examines and critiques the majority opinion of the Seventh Circuit Court of Appeals in City of Lafayette. The majority held that the city’s ban of John Doe, a convicted sex offender, from its …
Discriminatory Filtering: Cipa's Effect On Our Nation's Youth And Why The Supreme Court Erred In Upholding The Constitutionality Of The Children's Internet Protection Act, Katherine A. Miltner
Discriminatory Filtering: Cipa's Effect On Our Nation's Youth And Why The Supreme Court Erred In Upholding The Constitutionality Of The Children's Internet Protection Act, Katherine A. Miltner
Federal Communications Law Journal
Congress introduced the Children's Internet Protection Act ("CIPA") in order to filter obscene and indecent material in response to a perceived threat to members of the public, specifically minors, who are exposed to pornographic material on the Internet. The provisions of CIPA have provoked tension between two competing interests: protecting minors from cyberpornography, and safeguarding First Amendment rights. This Note argues that the Supreme Court erred by upholding the constitutionality of CIPA. As a result of the Supreme Court's decision, the nation's youth will have restricted access to constitutionally protected information. The Court improperly relied on a provision of the …
Defining The Relevant Forum: The United States Postal Service Constitutes A Single Forum For Communication, Melissa C. Manke
Defining The Relevant Forum: The United States Postal Service Constitutes A Single Forum For Communication, Melissa C. Manke
Washington Law Review
The United States Postal Service fulfills a vital public function by enabling people to communicate in an effective and efficient way. The United States Supreme Court has firmly established the use of the mails as a free speech right guaranteed by the First Amendment. Courts apply a three-part forum analysis when analyzing First Amendment challenges to restrictions on the use of the mail system. This analysis requires courts to define the forum to which the plaintiff seeks access, to determine if that forum is public or nonpublic, and to apply the level of scrutiny proper to the type of forum …
Locke V. Davey: The Fine Line Between Free Exercise And Establishment, Brett Thompson
Locke V. Davey: The Fine Line Between Free Exercise And Establishment, Brett Thompson
Mercer Law Review
In Locke v. Davey, the United States Supreme Court held that a state-sponsored scholarship program that excluded students who were majoring in devotional theology did not violate the Free Exercise Clause of the United States Constitution. The Court's holding left a great deal of uncertainty on when states may withhold benefits on the basis of religion.
To Surf And Protect: The Children's Internet Protection Act Policies Material Harmful To Minors And A Whole Lot More, Michael B. Cassidy
To Surf And Protect: The Children's Internet Protection Act Policies Material Harmful To Minors And A Whole Lot More, Michael B. Cassidy
Michigan Telecommunications & Technology Law Review
This Note will examine the constitutional issues raised by installing Internet filtering software in public libraries. Part I explores the First Amendment, the standard of review for restricting Internet material, and the government's role in protecting minors and regulating speech. Part II discusses library patrons' First Amendment rights in public libraries. Part III provides the statutory framework of the E-rate and LSTA programs, as well as the Children's Internet Protection Act (CIPA). Part IV examines the effectiveness of current Internet filtering technology and provides the American Library Association's policies on Internet filtering in public libraries. Part V discusses the district …