Law Commons^™

Rico's Forfeiture Provision: A First Amendment Restraint On Adult Bookstores, Ana Maria Marin

University of Miami Law Review

No abstract provided.

Free Speech And The "Acid Bath": An Evaluation And Critique Of Judge Richard Posner's Economic Interpretation Of The First Amendment, Peter J. Hammer

Michigan Law Review

Part I of this Note introduces the mechanics of the model Judge Posner has developed to determine whether restrictions upon speech should be upheld. Part II evaluates and critiques Posner's method from an internal perspective. This is first done by examining the theoretical foundations and assumptions of his economic perspective. This part then turns to testing the output and conclusions of the model to determine how successfully the theory can be turned into practice. Part III constitutes an external critique of Posner's model. This part addresses the question of whether the first amendment should be thought of in economic terms. …

Constitutional Law—Freedom Of Speech—Ban On Picketing In Front Of Individual Residence Does Not Violate First Amendment., E. Gregory Wallace

University of Arkansas at Little Rock Law Review

No abstract provided.

Emotional Distress And The First Amendment: An Analysis Of Hustler V. Falwell, Rodney A. Smolla

Faculty Publications

No abstract provided.

Toward A Universal Standard: Free Exercise And The Sanctuary Movement, Troy Harris

University of Michigan Journal of Law Reform

This Note will first look at the combination of circumstances and beliefs that compel members of the Sanctuary Movement to break the law. Second, it will examine current free exercise doctrine that may provide first amendment protection to Sanctuary workers, concluding that the cases reflect two parallel, yet incompatible, rationales. Following one line of cases, Sanctuary activity should be protected; following the other line, it should be condemned. Third, this Note will resolve the inconsistency of these rationales by proposing a new universal test for free exercise claims. Fourth, it will explore the details of recent cases involving Sanctuary workers …

The Apologetics Of Suppression: The Regulation Of Pornography As Act And Idea, Steven G. Gey

Michigan Law Review

The first three parts of this article discuss in detail the relationship between the Supreme Court's obscenity rulings and the academic theories that have been offered to bolster the conclusions reached by the Court in this area. Part IV of the article considers a contrary theory of free expression that requires constitutional protection for the dissemination and possession of pornography. In this section I argue that the present efforts to ban pornography are directly linked to a tolerance model of free expression. The tolerance model, which is usually contrasted with an analytical approach characterized by Holmesian skepticism, necessarily relies upon …

The History And Culture Of Affirmative Action, Anthony J. Scanlon

BYU Law Review

No abstract provided.

Public Prayer And The Constitution, Ethan M. Posner

Michigan Law Review

A Review of Public Prayer and the Constitution by Rodney K. Smith

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.

Conference Program

Group Defamation & Freedom of Speech: The Relationship Between Language and Violence (1988)

No abstract provided.

First Amendment Standards For Government Subsidies Of Artistic And Cultural Expression: A Reply To Justices Scalia And Rehnquist, Lionel S. Sobel

Vanderbilt Law Review

May an opera house limit its productions to operas, or must it also show rock musicals? May a municipal theater devote an entire season to Shakespeare, or is it required to book any potential producer on a first come, first served basis?"'" As Professor Kenneth Karst observed in his comment on Southeastern Promotions, the Court's majority "answered these questions with silence."The failure of the Court to respond to Justices Scalia and Rehnquist is puzzling, because in both cases their questions are easily answered. ...

None of these answers, however, would have required a different result in Arkansas Writers' Project or …

Hazelwood School District V. Kuhlmeier, 108 S. Ct. 562 (1988), Walter E. Forehand

Florida State University Law Review

Constitutional Law-TINKERING WITH TINKER: ACADEMIC FREEDOM IN THE PUBLIC SCHOOLS

Kendrick V. Bowen: "Primary Effect" Analysis And The Adolescent Family Life Act, Gregory M. Hess

BYU Law Review

No abstract provided.

The Supreme Court Further Restricts Student First Amendment Rights In Public Schools: The Future Of "Free Trade In Ideas" After Hazelwood School District V. Kuhlmeier, Eileen Libby

Loyola University Chicago Law Journal

No abstract provided.

Stare Decisis And The Supreme Court's Decision To Reconsider Runyon V. Mccrary, Camille Townsend

Loyola University Chicago Law Journal

No abstract provided.

Lyng V. Northwest Indian Cemetery Protective Association: A Form-Over-Effect Standard For The Free Exercise Clause, Peggy Healy

Loyola University Chicago Law Journal

No abstract provided.

Meredith Corp. V. Fcc: The Demise Of The Fairness Doctrine, Donna J. Schoaff

Kentucky Law Journal

No abstract provided.

Family, Church And State: An Essay On Constitutionalism And Religious Authority, Carol Weisbrod

Faculty Articles and Papers

No abstract provided.

The Establishment Clause And Nativity Scenes: A Reassessment Of Lynch V. Donnelly, Richard S. Myers

Kentucky Law Journal

No abstract provided.

Trends In First Amendment Protection Of Commercial Speech, Mary B. Nutt

Vanderbilt Law Review

Recent Development:

The first amendment guarantees that "Congress shall make no law... abridging the freedom of speech or of the press."' Over the past few decades, the Supreme Court has applied the first amendment to commercial speech only sporadically. The Court has vacillated between refusing to apply the first amendment, liberally extending first amendment guarantees,4 and applying limited first amendment protections to commercial speech.' This expansion and contraction of first amendment protection stems partly from three factors: (1) the Court's characterization of the speech at issue as commercial or noncommercial, (2) the Court's perception of the relevant regulation as content-based …

Developments In Antitrust And The First Amendment: The Disaggregation Of Noerr, Stephen Calkins

Law Faculty Research Publications

A legal doctrine conceived in ambiguity seldom achieves clarity with the passage of time. Such had been the experience with the Noerr-Penningon doctrine, the principal focus of this article. In its first Noerr-Pennington decision in 16 years, Allied Tube & Conduit Corp. v. Indian Head, Inc., the Supreme Court created new uncertainties. However, it also offered hope for resolution of some of the inconsistencies that have plagued the doctrine. It did this by distinguishing sharply between harm caused directly by petitioning activity (for which petitioners may be liable), and harm caused by requested government action (for which petitioners may …

Brief Amici Curiae Of Feminist Anti-Censorship Taskforce, Et Al., In American Booksellers Association V. Hudnut, Nan D. Hunter, Sylvia A. Law

University of Michigan Journal of Law Reform

The document that follows represents both a legal brief and a political statement. It was written for two purposes: to mobilize, in a highly visible way, a broad spectrum of feminist opposition to the enactment of laws expanding state suppression of sexually explicit material; and to place before the Court of Appeals for the Seventh Circuit a cogent legal argument for the constitutional invalidity of an Indianapolis municipal ordinance that would have permitted private civil suits to ban such material, purportedly to protect women. Drafting this brief was one of the most demanding and exhilarating assignments either author has yet …

Introduction, Lillian R. Bevier

University of Michigan Journal of Law Reform

The Articles in this Symposium vividly demonstrate that the reason that the pornography debate is no longer at the forefront of national consciousness is surely not that the phenomenon itself has disappeared. Nor is it that we have achieved anything approaching consensus, for we cannot seem to agree even about what pornography is, much less about its harms or benefits. Nor is it even that we have suddenly discovered and begun to deploy, from tools long available in our legal arsenal, enforcement strategies promising cures less harmful than the disease. Quite the . contrary. As the editors of this journal …

Hard-Core Pornography: A Proposal For A Per Se Rule, Bruce A. Taylor

University of Michigan Journal of Law Reform

Part I of this Article discusses the history and pervasiveness of the pornography problem. Part II explains the current legal test for obscenity, as evolved from Miller v. California, with an emphasis on terms commonly used in the definition of obscenity. Part III examines the problems in applying Miller that suggest that the application of a per se hard-core pornography rule may be appropriate. Finally, Part IV presents a proposal for a per se hard-core pornography rule, similar to child pornography laws existing in many jurisdictions and upheld by the Supreme Court in New York v. Ferber. This Article concludes …

The Right To Speak, The Right To Hear, And The Right Not To Hear: The Technological Resolution To The Cable/Pornography Debate, Michael I. Meyerson

University of Michigan Journal of Law Reform

This Article concludes that the power of government to regulate cable pornography is limited to that which is legally obscene. Part I reviews Supreme Court cases delineating the relationship between the rights of privacy in the home and of freedom of speech. Part II demonstrates that the technology of cable television provides the solution to the pornography dilemma. Cable television preserves both privacy and speech interests because individual subscribers can be given the physical means to block out programming they find personally offensive without affecting the ability of others to receive that programming. Where such accommodation of interests is permissible, …

Propaganda, Xenophobia, And The First Amendment, Rodney A. Smolla, Stephen A. Smith

Scholarly Articles

Not available.

Pornography And Obscenity Sold In "Adult Bookstores": A Survey Of 5132 Books, Magazines, And Films In Four American Cities, Park Elliott Dietz, Alan E. Sears

University of Michigan Journal of Law Reform

During the eighteen months that the Attorney General's Commission on Pornography (the Commission) conducted public hearings, public discussion, and staff research, one of the most common types of inquiry directed to the staff consisted of questions as to the content of pornography currently available in the United States. Critics of the Commission's work asserted that the pornography used as exhibits by witnesses at the public hearings was extreme, not commonly available, or unrepresentative of that sold in pornography retail outlets; The only pertinent, quantitative data available to the Commission appeared in a single report in the American Journal of Psychiatry …

Prurient Interest And Human Dignity: Pornography Regulation In West Germany And The United States, Mathias Reimann

University of Michigan Journal of Law Reform

This Article examines the regulation of pornography in West Germany and compares it to regulation in the United States. Part I provides an overview of the legal framework- constitutional and statutory-of pornography regulation in West Germany. Part II then traces the evolution of the concept of human dignity as a standard for defining pornography in West Germany, and Part III illustrates the practical impact of the idea in two widely debated recent cases. Part IV argues that West Germany's human dignity approach to pornography regulation raises important questions about how to view pornography, but that cultural and constitutional differences between …

Some Thoughts On The Historical Origins Of The United States Constitution And The Establishment Clause, 21 J. Marshall L. Rev. 239 (1988), Marvin E. Aspen

UIC Law Review

No abstract provided.

Privacy, Pornography, And The Supreme Court, 21 J. Marshall L. Rev. 755 (1988), Richard F. Hixson

UIC Law Review

No abstract provided.