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Articles 1 - 13 of 13
Full-Text Articles in Law
Paths Of Resistance To Our Imperial First Amendment, Bertrall L. Ross Ii
Paths Of Resistance To Our Imperial First Amendment, Bertrall L. Ross Ii
Michigan Law Review
In the campaign finance realm, we are in the age of the imperial First Amendment. Over the past nine years, litigants bringing First Amendment claims against campaign finance regulations have prevailed in every case in the Supreme Court. A conservative core of five justices has developed virtually categorical protections for campaign speech and has continued to expand those protections into domains that states once had the authority to regulate. As the First Amendment’s empire expands, other values give way. Four key cases from this era illustrate the reach of this imperial First Amendment. In Wisconsin Right to Life, Inc. v. …
Fundamentalism, The First Amendment, And The Rise Of The Religious Right, Randall Balmer
Fundamentalism, The First Amendment, And The Rise Of The Religious Right, Randall Balmer
William & Mary Bill of Rights Journal
No abstract provided.
Antebellum Perspectives On Free Speech, Mark A. Graber
Antebellum Perspectives On Free Speech, Mark A. Graber
William & Mary Bill of Rights Journal
In his book, Free Speech, "The People's Darling Privilege": Struggles for Freedom of Expression in American History, Professor Michael Kent Curtis documents the political struggles over free speech rights that took place between the ratification of the Bill of Rights in 1791 and the adoption of the Fourteenth Amendment in 1868. Professor Curtis looks to these early free speech fights to help define the contours of contemporary speech rights. In this review, Professor Mark A. Graber discusses Professor Curtis's contribution to constitutional history, and the implications of The People's Darling Privilege for constitutional theorists
Speech, Press, And Democracy, Paul Finkelman
Speech, Press, And Democracy, Paul Finkelman
William & Mary Bill of Rights Journal
Professor Michael Kent Curtis's latest book, Free Speech, "The People's Darling Privilege": Struggles for Freedom of Expression in American History, chronicles the efforts of ordinary Americans to protect their right to freedom of expression from 1791-1865. Professor Paul Finkelman reviews this book, focusing primarily on Curtis's discussions of suppression of speech prior to and during the Civil War period and additionally providing some thoughts concerning the appropriateness of revoking free speech rights during times of war.
Jefferson And Madison As Icons In Judicial History: A Study Of Religion Clause Jurisprudence, David Reiss
Jefferson And Madison As Icons In Judicial History: A Study Of Religion Clause Jurisprudence, David Reiss
Maryland Law Review
No abstract provided.
Is There A Principle Of Religious Liberty?, John H. Garvey
Is There A Principle Of Religious Liberty?, John H. Garvey
Michigan Law Review
A Review of Jesse H. Choper, Securing Religious Liberty: Priniples for Judicial Interpretation of the Religion Clauses and Steven D. Smith, Foreordained Failure: The Quest for a Constitutional Principle of Religious Freedom
Transforming Free Speech: The Ambiguous Legacy Of Civil Libertarianism, Gregory P. Magarian
Transforming Free Speech: The Ambiguous Legacy Of Civil Libertarianism, Gregory P. Magarian
Michigan Law Review
A Review of Transforming Free Speech: The Ambiguous Legacy of Civil Libertarianism by Mark A. Graber
Structural Free Exercise, Mary Ann Glendon, Raul F. Yanes
Structural Free Exercise, Mary Ann Glendon, Raul F. Yanes
Michigan Law Review
In Part I of this article, we analyze the development of case law interpreting the religious freedom language of the First Amendment from the 1940s to the eve of the rights revolution as a casualty of the piecemeal approach to incorporation, compounded by a series of judicial lapses and oversights. Part II deals with the fate of the Religion Clause in the era of the rights revolution, when the free exercise and establishment provisions were deployed in the service of a constitutional agenda to which they were, in themselves, largely peripheral. The current period of doctrinal change is the subject …
The Believer And The Powers That Are, Elizabeth Ferguson
The Believer And The Powers That Are, Elizabeth Ferguson
Michigan Law Review
A Review of The Believer and the Powers That Are by John T. Noonan, Jr.
Tort Claims Against Churches And Ecclesiastical Officers: The First Amendment Considerations, Carl H. Esbeck
Tort Claims Against Churches And Ecclesiastical Officers: The First Amendment Considerations, Carl H. Esbeck
West Virginia Law Review
No abstract provided.
Levy Vs. Levy, David A. Anderson
Levy Vs. Levy, David A. Anderson
Michigan Law Review
A Review of Emergence of a Free Press by Leonard W. Levy
The Origins Of Freedom Of Speech And Press, David S. Bogen
The Origins Of Freedom Of Speech And Press, David S. Bogen
Maryland Law Review
No abstract provided.
Freedom Of Speech And Of The Press In The Federalist Period The Sedition Act, Thomas F. Carroll
Freedom Of Speech And Of The Press In The Federalist Period The Sedition Act, Thomas F. Carroll
Michigan Law Review
The constitutional problem to which the Espionage Act of 1917 gave rise is almost as old as the Government itself. As early as 1798 the constitutional authority of the Government over speech ,and the press was called into question. The controversy caused by the Sedition Act of that date forms the subject of this paper.