Open Access. Powered by Scholars. Published by Universities.®
- Publication
- Publication Type
Articles 1 - 3 of 3
Full-Text Articles in Law
Solomon's Choice: The Spending Clause And First Amendment Rights In Forum For Academic & Institutional Rights V. Rumsfeld, Emily R. Hutchinson
Solomon's Choice: The Spending Clause And First Amendment Rights In Forum For Academic & Institutional Rights V. Rumsfeld, Emily R. Hutchinson
Washington Law Review
The Solomon Amendment denies federal funding to institutions of higher education that interfere with military recruiting on campus. In Forum for Academic & Institutional Rights v. Rumsfeld, the United States Court of Appeals for the Third Circuit examined the constitutionality of the Solomon Amendment using traditional First Amendment analysis. The court applied strict scrutiny and held that it was reasonably likely that the Solomon Amendment impermissibly infringed the First Amendment rights of an association of law schools and law faculty. This Note argues that the Solomon Amendment is a valid exercise of Congress's constitutionally-mandated duties to spend for the …
Defining The Relevant Forum: The United States Postal Service Constitutes A Single Forum For Communication, Melissa C. Manke
Defining The Relevant Forum: The United States Postal Service Constitutes A Single Forum For Communication, Melissa C. Manke
Washington Law Review
The United States Postal Service fulfills a vital public function by enabling people to communicate in an effective and efficient way. The United States Supreme Court has firmly established the use of the mails as a free speech right guaranteed by the First Amendment. Courts apply a three-part forum analysis when analyzing First Amendment challenges to restrictions on the use of the mail system. This analysis requires courts to define the forum to which the plaintiff seeks access, to determine if that forum is public or nonpublic, and to apply the level of scrutiny proper to the type of forum …
Scylla Or Charybdis: Navigating The Jurisprudence Of Visual Clutter, Ryan Calo
Scylla Or Charybdis: Navigating The Jurisprudence Of Visual Clutter, Ryan Calo
Articles
State and local governments seeking to address the proliferation of billboards and other outdoor advertising must negotiate two obstacles of First Amendment law. The first is the Supreme Court’s 1981 decision in Metromedia, Inc. v. City of San Diego. Following Metromedia, regulators can neither select among noncommercial messages nor privilege commercial messages over noncommercial ones. For years, regulators navigated around Metromedia by drawing a distinction between commercial and noncommercial speech. Then came the Supreme Court’s decision in City of Cincinnati v. Discovery Network, holding that regulators had to account for why they were privileging noncommercial over commercial …