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Full-Text Articles in Law
Should Noncommercial Associations Have An Absolute Right To Discriminate?, Andrew Koppelman
Should Noncommercial Associations Have An Absolute Right To Discriminate?, Andrew Koppelman
Law and Contemporary Problems
An association is more likely to win immunity from an antidiscrimination law, the more clearly its message is a discriminatory one. Boy Scouts of America v. Dale is in some tension with this rule, but the opinion is so muddled that it establishes no new rule to displace the old one.
Speech And Strife, Robert L. Tsai
Speech And Strife, Robert L. Tsai
Law and Contemporary Problems
Tsai examines the ways in which the US Supreme Court uses language to signal its authority. One technique of the Court is to frequently use the image of institutional conflict within its rulings.
Warning: Labeling Constitutions May Be Hazardous To Your Regime, Suzanna Sherry
Warning: Labeling Constitutions May Be Hazardous To Your Regime, Suzanna Sherry
Law and Contemporary Problems
Sherry presents information concerning the labeling of court decisions as being liberal or conservative victories. Because each case can be viewed in different aspects of liberalism and conservatism, it is more appropriate to simply recognize that there are important, non-ideological values at stake on both sides of each case.
The First Amendment In A Time That Tries Men’S Souls, Susan Gellman
The First Amendment In A Time That Tries Men’S Souls, Susan Gellman
Law and Contemporary Problems
Government requests to suspend civil liberties are always rationalized by "crisis." In the aftermath of the terrorist attacks of Sep 11, 2001, not only legal scholars but all Americans wondered what the civil liberties fallout would be. A particular area of concern was, and still is, the First Amendment protections, especially of speech and press.
Rights In Conflict: The First Amendment’S Third Century, Robert M. O'Neil
Rights In Conflict: The First Amendment’S Third Century, Robert M. O'Neil
Law and Contemporary Problems
O'Neil has witnesses the resolution, or at least the clarification, of many free speech and press issues. There are, however, persistent issues that deserve particularly close scrutiny. Three such issues are tensions between free expression and privacy, civility, and equality.
“Certain Fundamental Truths”: A Dialectic On Negative And Positive Liberty In Hate-Speech Cases, W. Bradley Wendel
“Certain Fundamental Truths”: A Dialectic On Negative And Positive Liberty In Hate-Speech Cases, W. Bradley Wendel
Law and Contemporary Problems
Matthew Hale is a white supremacist who likes to attract media attention. He set himself up as the leader of a racist "church" called the World Church of the Creator and immediately went about attempting to put an articulate, polite face on the organization. Hale's application to become a licensed attorney in Illinois, his subsequent denial and the litigation that followed are discussed.
When A King Speaks Of God; When God Speaks To A King: Faith, Politics, Tax Exempt Status, And The Constitution In The Clinton Administration, Randy Lee
Law and Contemporary Problems
In considering the guidance the executive branch of government has provided to resolve questions relating to religious freedom and the issue of church and state, Lee draws upon the positions of both the IRS and the President. Initially, he concludes that when the state requires churches committed to speaking truth in the public square to choose between publicizing their beliefs and remaining tax-exempt, it burdens the free exercise of religion.
Freedom Of Speech, Cyberspace, Harassment Law, And The Clinton Administration, Eugene Volokh
Freedom Of Speech, Cyberspace, Harassment Law, And The Clinton Administration, Eugene Volokh
Law and Contemporary Problems
Volokh presents four cyberspace speech controversies that involve an interesting modern body of speech restrictions: hostile environment harassment law. These examples illustrate three things--in most of the controversies, the result should be driven not by the medium, but by the underlying free speech principles; that the Clinton Administration's role in these areas has been comparatively slight; and that each of the controversies shows that there is considerable truth to the much-maligned concept of the slippery slope.
The First Amendment And Cyberspace: The Clinton Years, James Boyle
The First Amendment And Cyberspace: The Clinton Years, James Boyle
Law and Contemporary Problems
Both in terms of speech regulation and in terms of providing raw material for the legal controversies that shape the law of the First Amendment, the legacy of Pres Clinton's Administration is considerable, and nowhere more than in cyberspace. The most visible example of the Clinton Administration's role in cyberspeech regulation are the Communications Decency Act, which was struck down by unanimous vote of the Supreme Court in 1997, and the Child Online Protection Act, which is now before the courts.
The University As An Industrial Plant: How A Workplace Theory Of Discriminatory Harassment Creates A “Hostile Environment” For Free Speech In America’S Universities, Robert W. Gall
Law and Contemporary Problems
Gall uses Rodney A. Smolla's article "Academic Freedom, Hate Speech, and the Idea of a University" as a basis for his discussion of hostile environments for free speech among colleges and universities.
Black And White Images, John H. Garvey
Black And White Images, John H. Garvey
Law and Contemporary Problems
Whether the National Endowment for the Arts can control the content of speech that it pays for is a hard First Amendment question. The way in which Congress has tried to answer it is discussed.
Artists And Unconstitutional Conditions: The Big Bad Wolf Won’T Subsidize Little Red Riding Hood’S Indecent Art, Michael J. Elston
Artists And Unconstitutional Conditions: The Big Bad Wolf Won’T Subsidize Little Red Riding Hood’S Indecent Art, Michael J. Elston
Law and Contemporary Problems
Recent developments in the area of academic freedom and artistic expression are examined, considering First Amendment protection for artistic expression as well as the particular problem of government funding of the arts.
Mass Communications And The First Amendment: An Overview, L. A. Powe Jr.
Mass Communications And The First Amendment: An Overview, L. A. Powe Jr.
Law and Contemporary Problems
Traditionally, mass communications issues have been slighted or ignored in first amendment writings. The Supreme Court deals with each type of harm resulting from this issue separately.
The Canadian Constitutional Approach To Freedom Of Expression In Hate Propaganda And Pornography, Kathleen Mahoney
The Canadian Constitutional Approach To Freedom Of Expression In Hate Propaganda And Pornography, Kathleen Mahoney
Law and Contemporary Problems
Canadian courts are in the process of challenging existing thought about the constitutional protection of freedom of expression. Establishing equality requires reciprocity of respect and parity of regard for physical dignity and personal integrity. Canadian Supreme Court decisions on pornography are discussed.
Free Speech In The United States And Canada, Kent Greenawalt
Free Speech In The United States And Canada, Kent Greenawalt
Law and Contemporary Problems
A comparison of freedom of speech in the US and Canada is presented. Supreme Court decisions on this issue in both countries are discussed. Both countries believe that free speech is central to liberal democracy.
A Functional Analysis Of “Individual” And “Institutional” Academic Freedom Under The First Amendment, David M. Rabban
A Functional Analysis Of “Individual” And “Institutional” Academic Freedom Under The First Amendment, David M. Rabban
Law and Contemporary Problems
No abstract provided.
Academic Freedom, Hate Speech, And The Idea Of A University, Rodney A. Smolla
Academic Freedom, Hate Speech, And The Idea Of A University, Rodney A. Smolla
Law and Contemporary Problems
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
Law and Contemporary Problems
No abstract provided.
1940 Statement Of Principles On Academic Freedom And Tenure
1940 Statement Of Principles On Academic Freedom And Tenure
Law and Contemporary Problems
No abstract provided.
Freedom Of Expression: The Continuing Revolution, Lawrence W. Beer
Freedom Of Expression: The Continuing Revolution, Lawrence W. Beer
Law and Contemporary Problems
No abstract provided.
Transnational Freedom Of Speech: Legal Aspects Of The Helsinki Final Act, Jordan J. Paust
Transnational Freedom Of Speech: Legal Aspects Of The Helsinki Final Act, Jordan J. Paust
Law and Contemporary Problems
No abstract provided.
The Law Of Libel And The Art Of Fiction, Vivian Deborah Wilson
The Law Of Libel And The Art Of Fiction, Vivian Deborah Wilson
Law and Contemporary Problems
No abstract provided.