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Articles 1 - 30 of 31
Full-Text Articles in Law
The Judicial Role In Intra-Church Disputes Under Constitutional Guarantees Relating To Religion, Royal Clarence Guilkey
The Judicial Role In Intra-Church Disputes Under Constitutional Guarantees Relating To Religion, Royal Clarence Guilkey
West Virginia Law Review
No abstract provided.
Conspiracy And The First Amendment, David B. Filvaroff
Conspiracy And The First Amendment, David B. Filvaroff
Journal Articles
No abstract provided.
Papish V. Board Of Curators Of The University Of Missouri, Lewis F. Powell, Jr.
Papish V. Board Of Curators Of The University Of Missouri, Lewis F. Powell, Jr.
Supreme Court Case Files
No abstract provided.
Lemon V. Kurtzman, Lewis F. Powell Jr.
Hunt V. Mcnair, Lewis F. Powell Jr.
United States V. Orito, Lewis F. Powell Jr.
United States V. Orito, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Labor Law--Employer Free Speech--Use Of The Gissel Guidelines In Determining Predictions Or Threats, Douglas Alan Cornelius
Labor Law--Employer Free Speech--Use Of The Gissel Guidelines In Determining Predictions Or Threats, Douglas Alan Cornelius
West Virginia Law Review
No abstract provided.
The Expanding Constitutional Protection For The News Media From Liability For Defamation: Predictability And The New Synthesis, Michigan Law Review
The Expanding Constitutional Protection For The News Media From Liability For Defamation: Predictability And The New Synthesis, Michigan Law Review
Michigan Law Review
The tort of defamation has a long and complex history dating back to the sixteenth century. Though this tort from the very beginning did not find favor with the law courts, it has managed to survive into the second half of the twentieth century. But this survival may not endure much longer since the Supreme Court has found a deep conflict between the law of defamation and the first amendment. The reasons for this conflict and the Supreme Court's basic resolution of it in favor of first amendment values have been the subject of much scholarly comment, but the Court's …
Constitutional Law—Freedom Of Religion—Compulsory School Attendance Law: State Interests Balanced Against Beliefs Of Members Of The Amish Faith—State V. Yoder, 49 Wis.2d 430, 182 N.W.2d 539, Cert. Granted, 402 U.S. 994 (1971), Anon
Washington Law Review
Defendants, members of the Old Order Amish religion and of the Conservative Amish Mennonite Church, refused to enroll their children, eighth-grade public school graduates, in public high school and were subsequently convicted of violating the Wisconsin Compulsory School Attendance Law. The trial court held the attendance law to be a reasonable exercise of a governmental function of the state even though the law interfered with the defendants' sincere religious beliefs. The convictions and assessments of fines were affirmed by the circuit court. On appeal, the Wisconsin Supreme Court reversed. Held: The Wisconsin Compulsory School Attendance Law, as applied to the …
The Specific Theory Of Academic Freedom And The General Issue Of Civil Liberty, William W. Van Alstyne
The Specific Theory Of Academic Freedom And The General Issue Of Civil Liberty, William W. Van Alstyne
Faculty Publications
Academic freedom has been blurred in law and in popular usage. Its clarification should enable the Supreme Court to grant it explicit protection under the Constitution as an identifiable subset of First Amendment freedoms. Its identification with the professional endeavors of faculty members, moreover, should reduce the tendency of institutions to intrude upon the aprofessional personal liberties of the faculty even while adequately protecting the extramural professional pursuits of the faculty and assuring them of equal protection in their interests as private citizens. Adjustments of standards by the American Association of University Professors, more definitely distinguishing the special accountability of …
Broadcasting, The Reluctant Dragon: Will The First Amendment Right Of Access End The Suppressing Of Controversial Ideas?, Donald M. Malone
Broadcasting, The Reluctant Dragon: Will The First Amendment Right Of Access End The Suppressing Of Controversial Ideas?, Donald M. Malone
University of Michigan Journal of Law Reform
The scope of this article will be limited to one aspect of electronic media programming-the extent to which the public is and should be exposed to an accurate cross section of public opinion and a broad range of controversial ideas. Many people, including the Federal Communications Commission (FCC), have acknowledged that a desirable goal for the broadcast media, particularly television, is to provide a marketplace for controversial ideas. Part II of this article will identify the principal reasons why that goal has not been achieved. Part III will examine the fairness doctrine, the antecedents of which have been traced back …
Drug Songs And The Federal Communications Commission, Sammuel Bufford
Drug Songs And The Federal Communications Commission, Sammuel Bufford
University of Michigan Journal of Law Reform
A "public notice" concerning the broadcasting of drug-related popular songs by radio stations issued from the Federal Communications Commission on March 5, 1971. While this notice could be generally taken to prohibit the playing of such songs, its actual message, upon further analysis, is more complex and less direct. This article will examine the notice to ascertain its likely meaning, determine its legal status, and examine three constitutional issues it raises: whether the songs are protected as speech under the first amendment; whether the statement of the prohibition (if that be the import of the notice) is sufficiently precise to …
Flag Profanation And The Law, Emmet V. Mittlebeeler
Flag Profanation And The Law, Emmet V. Mittlebeeler
Kentucky Law Journal
No abstract provided.
Branzburg V. Hayes: A Need For Statutory Protection Of News Sources, Richard E. Anderson
Branzburg V. Hayes: A Need For Statutory Protection Of News Sources, Richard E. Anderson
Kentucky Law Journal
No abstract provided.
American Civil Liberties And Constitutional Change, Donald P. Kommers
American Civil Liberties And Constitutional Change, Donald P. Kommers
Journal Articles
This essay is an attempt to analyze, for the non-American reader especially, some of the factors that affect the condition of civil liberties in the United States. It deals mainly with the U.S. Supreme Court and its effort to define the limits of personal freedom within the framework of the American constitutional system. This effort has been a main preoccupation of the Supreme Court during the last two decades or so as the social conflicts besetting America have taken the form, as they usually do, of constitutional conflicts that the Court must eventually decide. Most of these questions have represented …
Freedom Of Religion- "There Is No Constitutional Right To Choose To Die
Freedom Of Religion- "There Is No Constitutional Right To Choose To Die
University of Richmond Law Review
The practice of one's religious beliefs has generally been freely allowed in the United States so long as it does not infringe upon the constitutionally protected rights of others. However, in the recent case of John F. Kennedy Memorial Hospital v. Heston, the New Jersey Supreme Court seemingly has modified this principle by justifying the restraint of an individual in the practice of his religious beliefs, not to preserve the constitutional rights of others, but to protect that individual from himself.
Equal Protection- School Financing System Based On Local Property Taxes Held Unconstitutional
Equal Protection- School Financing System Based On Local Property Taxes Held Unconstitutional
University of Richmond Law Review
The fourteenth amendment of the United States Constitution allows unequal protection of the laws, provided such unequal treatment and discrimination bear some rational relationship to a conceivably legitimate state objective. This "rational relationship" test allows the states wide latitude and discretion in enacting legislation. However, where any state statute involves so-called "suspect classifications" or "fundamental interests," the statute will be subjected to a strict scrutiny test, under which the state must establish that there is not only a compelling state interest which justifies the law but also that the distinctions drawn in the statute are necessary to further such interests.
Parochiad And Prayer: A Perplexing Problem, William R. Fifner
Parochiad And Prayer: A Perplexing Problem, William R. Fifner
Cleveland State Law Review
This paper is limited to a chronological examination of decisions of the United States Supreme Court involving aid to parochial education, an exploration of possible future aids, and inquiry into the question whether the extent of present aid and of possible future aid indicates that parochial schools and the general public are, or will be, on a collision course with respect to the free exercise of religion.
Constitutional Law - Freedom Of The Press - Newsmen's Privilege - Requiring Newsmen To Testify Before State Or Federal Grand Juries Held Not Violative Of First Amendment, Douglas Paul Coopersmith
Constitutional Law - Freedom Of The Press - Newsmen's Privilege - Requiring Newsmen To Testify Before State Or Federal Grand Juries Held Not Violative Of First Amendment, Douglas Paul Coopersmith
Villanova Law Review
No abstract provided.
The Role Of Law In Higher Education - An Administrator's View, John H. Vanderzell
The Role Of Law In Higher Education - An Administrator's View, John H. Vanderzell
Villanova Law Review
No abstract provided.
Student Discipline In Public Schools Under The Constitution, William D. Valente
Student Discipline In Public Schools Under The Constitution, William D. Valente
Villanova Law Review
No abstract provided.
The Role Of Law In Educational Decision Making, John H. Vanderzell, Donald W. Dowd, Matthew W. Finkin, Mark R. Shedd
The Role Of Law In Educational Decision Making, John H. Vanderzell, Donald W. Dowd, Matthew W. Finkin, Mark R. Shedd
Villanova Law Review
No abstract provided.
Obscenity -- Federal Statutes Prohibiting Importation And Mail Distribution Of Obscene Materials Do Not Violate First Amendment, Law Review Staff
Obscenity -- Federal Statutes Prohibiting Importation And Mail Distribution Of Obscene Materials Do Not Violate First Amendment, Law Review Staff
Vanderbilt Law Review
Near the end of the 1970-71 term, the Supreme Court considered two cases, United States v. Reidell and United States v. Thirty-Seven (37) Photographs, in which constitutional challenges were raised against federal statutes regulating the distribution and importation of obscene materials. These challenges were engendered by the apparent irreconcilability of the Court's decisions in Roth v. United States and Stanley v. Georgia. In Roth, the Court held that obscenity is not within the scope of first amendment protection for speech and press. In Stanley, however, a first amendment right to possess obscene materials in one's home was recognized, and the …
Billboard Regulations, And Aesthetics, Richard Sutton
Billboard Regulations, And Aesthetics, Richard Sutton
Cleveland State Law Review
The regulation of outdoor advertising has prompted a surprisingly prodigious amount of controversy and litigation. It has been challenged as a denial of free speech, due process, and equal protection; it has been upheld on nuisance4 and real property grounds, and sustained on the basis of public health, safety, morality, comfort and convenience, aesthetics, and the right to be let alone."
Excessive Entaglements: A New Dimension To The Parochial Aid Controversy Under The First Amendment, Terence T. O'Meara
Excessive Entaglements: A New Dimension To The Parochial Aid Controversy Under The First Amendment, Terence T. O'Meara
Loyola University Chicago Law Journal
No abstract provided.
Federal Jurisdiction - In The Absence Of Bad Faith Harassment By State Authorities, The Mere Showing Of A Chilling Effect On First Amendment Freedoms Held Insufficient To Warrant A Federal Injunction Staying State Criminal Proceedings, Robert W. Sheppy
Loyola University Chicago Law Journal
No abstract provided.
Prayer Amendment: A Justification, Charles E. Rice
Prayer Amendment: A Justification, Charles E. Rice
Journal Articles
It is customary for each house of Congress to open its daily sessions with prayer delivered by its Chaplain. One might conclude that if the lawmakers of the nation are entitled to ask for divine blessing upon their work, so are the rest of us, including school children. Not so. For the Supreme Court of the United States has drawn the line. Legislators may pray, so far at least, but school children may not. Thus it was that the courts intervened to prevent the holding of "a period for the free exercise of religion" in the Netcong, New Jersey, public …
The Obscenity Terms Of The Court, O. John Rogge
The Obscenity Terms Of The Court, O. John Rogge
Villanova Law Review
No abstract provided.
The Role Of Law In Educational Decision Making - A Symposium - Introduction, Donald W. Dowd
The Role Of Law In Educational Decision Making - A Symposium - Introduction, Donald W. Dowd
Villanova Law Review
No abstract provided.
The Legal Process As A Problem Solving Tool In Education, Mark R. Shedd
The Legal Process As A Problem Solving Tool In Education, Mark R. Shedd
Villanova Law Review
No abstract provided.