Law Commons^™

Braun V. Soldier Of Fortune Magazine, Inc.: Advertisement For Hit Man Brings Four Million Dollar Hit To Publisher, Mae Charles Babb

Mercer Law Review

In Braun v. Soldier of Fortune Magazine, Inc., the Eleventh Circuit affirmed a district court's holding that the First Amendment does not insulate a magazine publisher from liability for publishing a commercial advertisement that presents a substantial danger of harm to the public. In adopting this affirmative duty to examine an advertisement's language, the court imposed tort liability on Soldier of Fortune Magazine ("SOF") for the criminal acts of its advertiser, a third party not joined in the suit. This decision strikes the correct balance between preserving the free flow of commercial information through advertisement with the need to …

Church Of The Lukumi Babalu Aye V. City Of Hialeah, Paul L. Bader

Mercer Law Review

In Church of the Lukumi Babalu Aye v. City of Hialeah, a Florida district court has gone further than any other federal court in proscribing a church's right to exercise its religious beliefs. The district court found that the city's interests in public health, child welfare, and animal welfare were sufficient to override the protection provided under the free exercise clause of the First Amendment. After the Eleventh Circuit Court of Appeals affirmed in an unpublished opinion the Supreme Court granted certiorari to decide whether the First Amendment protects a religion's practice of animal sacrifice. The Supreme Court has …

Souring On Lemon: The Supreme Court's Establishment Clause Doctrine In Transition, Roald Y. Mykkeltvedt

Mercer Law Review

In his opinion for the Court in the landmark case of Everson v. Board of Education, Justice Black held that the Establishment Clause of the First Amendment erected a high and impregnable "wall of separation" between church and state. Relying primarily on the writings of James Madison and Thomas Jefferson to discern the intentions of the framers, Justice Black maintained that, at the very least, the establishment proscription meant that

rn]either a state nor the Federal Government .. .can pass laws which aid one religion, aid all religions, or prefer one religion over another .... No tax in any …

Lee V. Weisman: No Reason To Give Thanks, William Jonathan Martin Ii

Mercer Law Review

In Lee v. Weisman, the United States Supreme Court held that nonsectarian prayers delivered at public school graduation ceremonies violate the Establishment Clause of the Constitution. In reaching its decision, the Court purposefully disregarded the analytical framework established by Lemon v. Kurtzman, and its progeny, in favor of a coercion test. In so doing, the Court's decision not only failed to solve the problems associated with the Lemon framework, but also left Establishment Clause jurisprudence in a greater state of disarray and uncertainty than previously had existed.

Sex, Violence, And Profanity: Rap Music And The First Amendment, Jon Christopher Wolfe

Mercer Law Review

Lauded by some and condemned by others, rap music does not want for a divergence of views on its nature, meaning, or message. The deluge of profanity coupled with vivid images and themes of sex and violence have provided fertile ground for discussion of rap's merits. Critics have characterized rap as "ugly macho boasting," "bombastic, self-aggrandizing," and "repulsive." Rap artist Ice Cube's Death Certificate album was the subject of a rare editorial comment by Billboard magazine deriding the lyrics as "the rankest sort of racism and hatemongering." Detractors fear that the violently negative messages promote a value system that celebrates …