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Full-Text Articles in Law
Peaches, Speech, And Clarence Thomas: Yes, California, There Is A Justice Who Understands The Ramifications Of Controlling Commercial Speech, Jennifer R. Franklin
Peaches, Speech, And Clarence Thomas: Yes, California, There Is A Justice Who Understands The Ramifications Of Controlling Commercial Speech, Jennifer R. Franklin
Faculty Publications
No abstract provided.
How To Apply The Religious Freedom Restoration Act To Federal Law Without Violating The Constitution, Gregory P. Magarian
How To Apply The Religious Freedom Restoration Act To Federal Law Without Violating The Constitution, Gregory P. Magarian
Scholarship@WashULaw
Learned commentators have called the Religious Freedom Restoration Act of 1993 ("RFRA" or "the Act") "perhaps the most unconstitutional statute in the history of the nation" and "the most egregious violation of the separation of powers doctrine in American constitutional history." In the 1997 case of City of Boerne v. Flores, the Supreme Court struck down the Act in its applications to state and local governments, declaring that "RFRA contradicts vital principles necessary to maintain separation of powers and the federal balance." The Act's applications to federal law, however, survived Boerne, which means that plaintiffs with religious freedom claims against …
Section 1: Mitchell V. Helms, Institute Of Bill Of Rights Law, William & Mary Law School
Section 1: Mitchell V. Helms, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Section 5: First Amendment, Institute Of Bill Of Rights Law, William & Mary Law School
Section 5: First Amendment, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Section 5: Speech And Elections, Institute Of Bill Of Rights Law, William & Mary Law School
Section 5: Speech And Elections, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Section 3: First Amendment, Institute Of Bill Of Rights Law, William & Mary Law School
Section 3: First Amendment, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Section 6: Freedom Of Speech And Press, Institute Of Bill Of Rights Law, William & Mary Law School
Section 6: Freedom Of Speech And Press, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Equality And Freedom Of Speech (Eighteenth Annual Law Review Symposium: Demise Of The First Amendment? Focus On Rico And Hate Crime Litigation), Terrance Sandalow
Equality And Freedom Of Speech (Eighteenth Annual Law Review Symposium: Demise Of The First Amendment? Focus On Rico And Hate Crime Litigation), Terrance Sandalow
Other Publications
The editors responsible for today's symposium have posed an alarming question: whether we are witnessing the demise of the First Amendment. I want to dispel at the outset any anxiety the question may have aroused. The First Amendment is alive and well; indeed, it is thriving. I believe, though I cannot prove, that public respect for the values it expresses has never been greater than it has been in recent years. Whether or not I am correct in that belief, however, it is certain that constitutional protections against governmental efforts to limit speech and other forms of expressive activity are …
Initiative Petition Reforms And The First Amendment, Emily Calhoun
Initiative Petition Reforms And The First Amendment, Emily Calhoun
Publications
No abstract provided.
Section 6: First Amendment, Institute Of Bill Of Rights Law, William & Mary Law School
Section 6: First Amendment, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Hate Speech, Offensive Speech, And Public Discourse In America, Edward J. Eberle
Hate Speech, Offensive Speech, And Public Discourse In America, Edward J. Eberle
Law Faculty Scholarship
In this article, Professor Eberle discusses several limitations on governmental power to regulate public discourse. After examining the United States Supreme Court decisions of R.A.V. v. City of St. Paula nd Wisconsin v. Mitchell, Professor Eberle concludes that government should refrain from regulating speech itself. Rather, any restrictions should focus strictly on the problematic conduct underlying the speech which justifies regulation. Professor Eberle also concludes that the Court has implicitly recognized two distinct subcategories of "content" discrimination and viewpoint discrimination. Both subcategories are presumptively unconstitutional and nominally subject to conventional strict scrutiny. The Court, however, finds viewpoint discrimination more dangerous …
Voice In Government: The People, Emily Calhoun
Section 3: Free Speech And Press, Institute Of Bill Of Rights Law, William & Mary Law School
Section 3: Free Speech And Press, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Advocacy And Scholarship, Paul F. Campos
Advocacy And Scholarship, Paul F. Campos
Publications
The apex of American legal thought is embodied in two types of writings: the federal appellate opinion and the law review article. In this Article, the author criticizes the whole enterprise of doctrinal constitutional law scholarship, using a recent U.S. Supreme Court case and a Harvard Law Review article as quintessential examples of the dominant genre. In a rhetorical tour de force, the author argues that most of modern constitutional scholarship is really advocacy in the guise of scholarship. Such an approach to legal scholarship may have some merit as a strategic move towards a political end; however, it has …
Silence And The Word, Paul Campos
Section 4: Moot Court: Church Of The Lukumi Babulu Aye V. City Of Hialeah, Institute Of Bill Of Rights Law, William & Mary Law School
Section 4: Moot Court: Church Of The Lukumi Babulu Aye V. City Of Hialeah, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Academic Freedom And The First Amendment In The Supreme Court Of The United States: An Unhurried Historical Review, William W. Van Alstyne
Academic Freedom And The First Amendment In The Supreme Court Of The United States: An Unhurried Historical Review, William W. Van Alstyne
Faculty Publications
No abstract provided.
Federal Funds To Religious Groups: Where Are The First Amendment Boundaries?, Neal Devins
Federal Funds To Religious Groups: Where Are The First Amendment Boundaries?, Neal Devins
Faculty Publications
No abstract provided.
Free Speech And Corporate Freedom: A Comment On First National Bank Of Boston V. Bellotti, Carl E. Schneider
Free Speech And Corporate Freedom: A Comment On First National Bank Of Boston V. Bellotti, Carl E. Schneider
Articles
The corporation was born in chains but is everywhere free. That freedom was recently affirmed by the United States Supreme Court in First National Bank of Boston v. Bellotti. In Bellotti, the Court overturned a Massachusetts criminal statute forbidding banks and business corporations to make expenditures intended to influence referenda concerning issues not "materially affecting" the corporation's "property, business, or assets." In doing so, the Court confirmed its discovery that commercial speech is not unprotected by the first amendment and announced a novel doctrine that corporate speech is not unprotected by the first amendment. Although several years have …
Washington's Ballot Restriction For Minor Party Candidates: When Is A Primary Not A Primary?, Emily Calhoun
Washington's Ballot Restriction For Minor Party Candidates: When Is A Primary Not A Primary?, Emily Calhoun
Publications
No abstract provided.
The First Amendment And Distributional Voting Rights Controversies, Emily M. Calhoun
The First Amendment And Distributional Voting Rights Controversies, Emily M. Calhoun
Publications
No abstract provided.
On Complaining About The Burger Court, Robert F. Nagel
On Complaining About The Burger Court, Robert F. Nagel
Publications
No abstract provided.
A New Look At An Old Association: Will Today's Women Be Tomorrow's Jaycees?, Neal Devins
A New Look At An Old Association: Will Today's Women Be Tomorrow's Jaycees?, Neal Devins
Faculty Publications
No abstract provided.
How Useful Is Judicial Review In Free Speech Cases?, Robert F. Nagel
How Useful Is Judicial Review In Free Speech Cases?, Robert F. Nagel
Publications
No abstract provided.
What Standards Apply When Freedoms Collide?, Neal Devins
What Standards Apply When Freedoms Collide?, Neal Devins
Faculty Publications
No abstract provided.
Free Speech Or Economic Weapon? The Persisting Problem Of Picketing, Theodore J. St. Antoine
Free Speech Or Economic Weapon? The Persisting Problem Of Picketing, Theodore J. St. Antoine
Articles
"Peaceful picketing," the United States Supreme Court has said, "is the workingman's means of communication."' One line of analysis is that, as a means of communication, picketing is free speech and is therefore entitled to every constitutional protection afforded other forms of expression. This means that it cannot be subjected to special restrictions, such as antiboycott curbs, simply because it is picketing. The opposing line of analysis is that picketing is not simply speech; it is "speech plus." The "plus" element removes picketing from the realm of pure speech and enables it to be regulated in ways that the Constitution …
Bakke Revisited - What The Court's Decision Means - And Doesn't Mean, Douglas D. Scherer
Bakke Revisited - What The Court's Decision Means - And Doesn't Mean, Douglas D. Scherer
Scholarly Works
No abstract provided.
The Supreme Court And The Constitutional Rights Of Prisoners: A Reappraisal, Emily Calhoun
The Supreme Court And The Constitutional Rights Of Prisoners: A Reappraisal, Emily Calhoun
Publications
No abstract provided.
Unconstitutional Conditions Upon Public Employment: New Departures In The Protection Of First Amendment Rights, Harold H. Bruff
Unconstitutional Conditions Upon Public Employment: New Departures In The Protection Of First Amendment Rights, Harold H. Bruff
Publications
No abstract provided.
Review Of Concerning Dissent And Civil Disobedience, By A. Fortas, Terrance Sandalow
Review Of Concerning Dissent And Civil Disobedience, By A. Fortas, Terrance Sandalow
Reviews
Noah Chomsky has written of Justice Fortas' essay that it "is not serious enough for extended discussion." It would be a mistake to dismiss the essay so lightly. The prestige of Justice Fortas' office almost inevitably will gain for the essay an audience it would not otherwise have had, among whom will be those who will confuse the office with the argument. For some this confusion will insulate the argument from criticism. For others it will tarnish the office.