Law Commons^™

School District Of The City Of Grand Rapids V. Ball, Lewis F. Powell Jr

Supreme Court Case Files

No abstract provided.

Group Libel Versus Free Speech: When Big Brother Should Butt In, Kenneth Lasson

All Faculty Scholarship

The year 1984 may not have fulfilled Orwellian prophecies of governmental totalitarianism, but citizens of the world remain no less concerned about the quality of their civil liberties. If people could live peacefully and productively together under a strict caste system, or blissfully in enslavement, there would be little impetus to identify 'natural rights' nor insistence upon what we know as 'freedom.' But human experience has amply demonstrated the universal yearning for personal liberty, as well as the need to legislate against its deprivation.

Thus Big Brother has been the enemy from long before the Magna Carta and long since …

The Proposed Amendment To Federal Rule Of Civil Procedure 68: Toughening The Sanctions, Julie M. Cheslik

Faculty Works

No abstract provided.

Billboards, Aesthetics, And The First Amendment: Municipal Sign Regulation After Metromedia, Alan Weinstein

Law Faculty Articles and Essays

In Metromedia, Inc. v. City of San Diego, 453 U.S. 490 (1981), 33 ZD 238, the U.S. Supreme Court, although sharply divided, held that states and municipalities could regulate signs and billboards to reduce traffic hazards and improve a community's appearance, but cautioned that regulations which imposed too many restrictions on protected First Amendment rights to freedom of speech would be struck down. The nine Supreme Court justices wrote five separate opinions in Metromedia, struggling to find a workable accommodation between free speech guarantees and the deference normally granted to a municipality's exercise of the police power.' This article, after …

Establishment Clause Limits On Governmental Interference With Religious Organizations, Carl H. Esbeck

Faculty Publications

In this article it will be argued that the establishment clause, properly viewed, functions as a structural provision regimenting the nature and degree of involvement between government and religious associations." The degree of involvement should be a limited one, although it is clear that the interrelationship need not nor cannot be eliminated altogether. Although the degree of desired separation has proven to be a continuing controversy, the goal of separation is not so divisive. The aim of separation of church and government is for each to give the other sufficient breathing space. The ordering principle is reciprocity in which "both …

Hawaiian Ripples, Patricia D. White

Articles

Bacchus Imports, Ltd. and Eagle Distributors, Inc.

v.

George Freitas, Director of Taxation of the State of Hawaii

(Docket No. 82-1565)

Argued January 11, 1984

Freedom Of Expression In England And The United States: A Comparative Study, With Particular Reference To Restrictions Imposed By Means Of Prior Restraint, Peter G. Shears

LLM Theses and Essays

Freedom of expression is both a basic right and a basic need in all democratic societies. Without it, democracy itself cannot function. This is a comparative study. The protection, or more often the restriction, of freedom of expression in England before the American Revolution is considered first. Then two chapters outline the development and extent of freedom of expression, first in America, then in England, from 1776 up to the present day. There follows a direct comparison in two separate areas: the Fair Trial-Free Press tension which exists between the interests of those involved in judicial proceedings, and their rights …

Resolving The Paradox Of The Innocent Construction Rule, David Larson

Faculty Scholarship

The application of the innocent construction rule in defamation cases has led to illogical and questionable holdings. This article will explain the nature of that rule and illustrate its use by focusing on cases arising in Illinois. It will review the recent case of Chapski v. Copley Press, where the Illinois Supreme Court rejected the innocent construction rule, and raise the possibility that additional reform may be necessary in Illinois. Finally, other jurisdictions relying upon similar rules of interpretation will be identified and discussed.

Current Developments In Civil Liberties, Ivan E. Bodensteiner, Rosalie Levinson

Law Faculty Publications

No abstract provided.

What Standards Apply When Freedoms Collide?, Neal Devins

Faculty Publications

No abstract provided.

Restrictions On Public Broadcasters' Rights To Editorialize, Susan H. Williams

Articles by Maurer Faculty

No abstract provided.

Reinterpreting The Religion Clauses: Constitutional Construction And Conceptions Of The Self, Susan H. Williams

Articles by Maurer Faculty

The first amendment guarantees freedom from "law[s] respecting an establishment of religion or prohibiting the free exercise thereof." The apparent tension between the two clauses of this provision has generated judicial confusion and scholarly disagreement. The perceived conflict between the religion clauses is the product of a particular understanding of what is most fundamental about human identity and the human situation - an understanding that derives from classical liberal political theory and that assumes a sharp division between the individual and his community. This Note proposes an alternative to the liberal conception of human identity, one that encompasses both the …

Protecting The Rationality Of Electoral Outcomes: A Challenge To First Amendment Doctrine, James A. Gardner

Journal Articles

No abstract provided.

How Useful Is Judicial Review In Free Speech Cases?, Robert F. Nagel

Publications

No abstract provided.

Government Liability For Unconstitutional Land Use Regulation, Stewart E. Sterk

Articles

No abstract provided.

A New Look At An Old Association: Will Today's Women Be Tomorrow's Jaycees?, Neal Devins

Faculty Publications

No abstract provided.

On Complaining About The Burger Court, Robert F. Nagel

Publications

No abstract provided.

The Press And The Public Interest: An Essay On The Relationship Between Social Behavior And The Language Of First Amendment Theory, Lee C. Bollinger

Faculty Scholarship

I would like to explore in this essay one aspect of the contemporary American debate over the theory of freedom of speech and press. The subject I want to address is this: whether the principle of freedom of speech and press should be viewed as protecting some personal or individual interest in speaking and writing or whether it should be seen as fostering a collective or public interest. Sometimes this issue is stated as being whether the first amendment protects a "right to speak" or a "right to hear," though in general the problem seems to be whether we should …

Preliminary Procedural Protection For The Press From Jurisdiction In Distant Forums After Calder And Keeton, David I. Levine

Faculty Scholarship

No abstract provided.