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- Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics (1)
- Board of Education v. Pico (1)
- Bush v. Lucas (1)
- Carter v. Rand McNally (1)
- Causes of action (1)
- Censorship (1)
- Chaplain (1)
- Chappell v. Wallace (1)
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- Conflict Between Acculturation and Autonomy (1)
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Articles 1 - 30 of 35
Full-Text Articles in Law
Administrative Regulation Of The High School Press, Michigan Law Review
Administrative Regulation Of The High School Press, Michigan Law Review
Michigan Law Review
This Note examines the constitutional limits on administrative regulation of publications by and for public high school students. Part I discusses the widely divergent standards adopted by different circuits. Part II describes the hard line the Supreme Court has taken against restraints on free expression in the adult context and the different circumstances that justify limiting freedom of expression in high schools. Part III discusses the timing of administrative regulation of student speech. This Part argues that prior restraint is constitutionally acceptable and, in fact, preferable to subsequent punishment so long as its use is governed by proper criteria. Part …
Tension Between The First And Twenty-First Amendments In State Regulation Of Alcohol Advertising, Brian S. Steffey
Tension Between The First And Twenty-First Amendments In State Regulation Of Alcohol Advertising, Brian S. Steffey
Vanderbilt Law Review
This Recent Development examines the tension between the first and twenty-first amendments when a state uses its twenty-first amendment power to regulate advertisements of alcoholic beverages that qualify for first amendment protection. Part II of this Recent Development explores the Court's standard of review in cases in which the twenty-first amendment impinges upon a fourteenth amendment right. Part II also reviews the scope of constitutional protection that the first amendment accords commercial speech. Part III examines three recent cases in which states have regulated alcohol advertising. Part IV criticizes these decisions for misapplying the appropriate standard and for relying extensively …
Commercial Speech Concerning Unlawful Conduct: A Clear And Present Danger, Richard L. Barnes
Commercial Speech Concerning Unlawful Conduct: A Clear And Present Danger, Richard L. Barnes
BYU Law Review
No abstract provided.
Religion In Public Schoolrooms-Striking A Balance Between Freedom Of Speech And Establishment Of Religion: Bender V. Williamsport Area School District, John E. Leach
BYU Law Review
No abstract provided.
Drawing Lines And Defining Remedies: The Impact Of Ellis V. Brotherhood Of Railway, Airline And Steamship Clerks On The First Amendment Rights Of Dissident Employees, Shane R. Swindle
BYU Law Review
No abstract provided.
Backing Off Bivens And The Ramifications Of This Retreat For The Vindication Of First Amendment Rights, Joan Steinman
Backing Off Bivens And The Ramifications Of This Retreat For The Vindication Of First Amendment Rights, Joan Steinman
Michigan Law Review
In Part I of this Article, Chappell and Bush are analyzed against the backdrop of the preceding Bivens cases. The analysis explains how these cases presented situations that were similar to one another but unlike any the Supreme Court previously had faced in Bivens cases. It demonstrates how the Court departed from the line of analysis that its previous Bivens cases had established, in a way that makes it more difficult for at least some plaintiffs seeking vindication of their constitutional rights to succeed in having a money damage remedy implied directly under the Constitution. The Article then argues that …
Defamation—A Standard Of Review For Constitutional Facts, Susan Stevens
Defamation—A Standard Of Review For Constitutional Facts, Susan Stevens
University of Arkansas at Little Rock Law Review
No abstract provided.
Library Book Selection And The Public Schools: The Quest For The Archimedean Point, Mark G. Yudof
Library Book Selection And The Public Schools: The Quest For The Archimedean Point, Mark G. Yudof
Indiana Law Journal
No abstract provided.
When Religious Exercise Is Not Free: Deprogramming And The Constitutional Status Of Coercively Induced Belief, Richard Delgado
When Religious Exercise Is Not Free: Deprogramming And The Constitutional Status Of Coercively Induced Belief, Richard Delgado
Vanderbilt Law Review
The present Article offers a defense of deprogramming and a reply to its critics, particularly Shapiro. Part II reviews what hap-pens in many instances of cult joining and offers a conceptual account that justifies deprogramming of cult members who are unable to comprehend or surmount the coercive and deceptive influences that led to their commitment. Part III addresses constitutional problems that are triggered in the event that deprogramming should affect religious belief-an event that is by no means inevitable. Part IV discusses deprogramming and whether some variant of it is capable of remedying the type of situation ad-dressed in part …
The Lemon Test Soured: The Supreme Court's New Establishment Clause Analysis, Kenneth M. Cox
The Lemon Test Soured: The Supreme Court's New Establishment Clause Analysis, Kenneth M. Cox
Vanderbilt Law Review
This Recent Development argues that the Court's apparent trend toward basing establishment clause analysis on the pervasiveness or historical significance of government-supported religious activities represents an undesirable move away from strict examination of the questionable law or activity under the Lemon test. Part II briefly examines the theoretical bases of the establishment clause, then traces the Court's applications of each element of the Lemon analysis. Part III discusses the Marsh and Lynch decisions as the most recent Supreme Court additions to establishment clause doctrine. Finally, part IV analyzes two major effects of these decisions: first, the emergence of the historical …
Freedom Of Association After Roberts V. United States Jaycees, Douglas O. Linder
Freedom Of Association After Roberts V. United States Jaycees, Douglas O. Linder
Michigan Law Review
The decision of the U.S. Supreme Court in Roberts v. United States Jaycees, upholding a Minnesota ruling which requires the Minnesota Jaycees to admit women as full members, ended one controversy but marked only the beginning of a far larger one. It was predicted by many that U.S. Jaycees would answer the question of whether private associations with restrictive membership policies were vulnerable to state anti-discrimination laws or were constitutionally protected. It did not. Instead, while rejecting the Jaycees' constitutional claims, the Court established a comprehensive framework for analyzing future claims of associational freedom that contains a number of …
The Journalist's Privilege In Arkansas, John J. Watkins
The Journalist's Privilege In Arkansas, John J. Watkins
University of Arkansas at Little Rock Law Review
No abstract provided.
Products Liability And The First Amendment: The Liability Of Publishers For Failure To Warn, Lisa A. Powell
Products Liability And The First Amendment: The Liability Of Publishers For Failure To Warn, Lisa A. Powell
Indiana Law Journal
No abstract provided.
Public Figures, Frederick Schauer
Reputation, Compensation, And Proof, David A. Anderson
Reputation, Compensation, And Proof, David A. Anderson
William & Mary Law Review
No abstract provided.
Of Public Figures And Public Interest - The Libel Law Conundrum, Gerald G. Ashdown
Of Public Figures And Public Interest - The Libel Law Conundrum, Gerald G. Ashdown
William & Mary Law Review
No abstract provided.
Hard Defamation Cases, Cass R. Sunstein
Hard Defamation Cases, Cass R. Sunstein
William & Mary Law Review
No abstract provided.
Introduction To Defamation And The First Amendment: New Perspectives, William B. Spong Jr.
Introduction To Defamation And The First Amendment: New Perspectives, William B. Spong Jr.
William & Mary Law Review
No abstract provided.
Defamation And The First Amendment: The End Of The Affair, Paul A. Lebel
Defamation And The First Amendment: The End Of The Affair, Paul A. Lebel
William & Mary Law Review
No abstract provided.
The Plaintiff's Burden In Defamation: Awareness And Falsity, Marc A. Franklin, Daniel J. Bussel
The Plaintiff's Burden In Defamation: Awareness And Falsity, Marc A. Franklin, Daniel J. Bussel
William & Mary Law Review
No abstract provided.
Public Figures Revisited, Diana M. Daniels
Public Figures Revisited, Diana M. Daniels
William & Mary Law Review
No abstract provided.
The Press And The Public Interest: An Essay On The Relationship Between Social Behavior And The Language Of First Amendment Theory, Lee C. Bollinger
The Press And The Public Interest: An Essay On The Relationship Between Social Behavior And The Language Of First Amendment Theory, Lee C. Bollinger
Michigan Law Review
I would like to explore in this essay one aspect of the contemporary American debate over the theory of freedom of speech and press. The subject I want to address is this: whether the principle of freedom of speech and press should be viewed as protecting some personal or individual interest in speaking and writing or whether it should be seen as fostering a collective or public interest. Sometimes this issue is stated as being whether the first amendment protects a "right to speak" or a "right to hear," though in general the problem seems to be whether we should …
Forced Disclosure Of Academic Research, J. Graham Matherne
Forced Disclosure Of Academic Research, J. Graham Matherne
Vanderbilt Law Review
This Note advocates that courts follow the procedures that rule 45 and its progeny provide to evaluate the special concerns of academic researchers, rather than rely on the Constitution to shield the academic researcher under the mystical guise of academic freedom. Part II of this Note examines the four cases in which federal courts have decided whether to force an academic to disclose his research. Part III focuses on the guidelines that the relevant Federal Rules establish for forced disclosure. Part IV discusses the academic freedom approach to forced disclosure and the common law and constitutional arguments that favor academic …
Constitutional Law—Legislative Prayer Does Not Violate Establishment Clause, Caswell Bruton Blackard Iii
Constitutional Law—Legislative Prayer Does Not Violate Establishment Clause, Caswell Bruton Blackard Iii
University of Arkansas at Little Rock Law Review
No abstract provided.
The Tort Liability Of Investigative Reporters, John W. Wade
The Tort Liability Of Investigative Reporters, John W. Wade
Vanderbilt Law Review
One of the most significant developments in recent years, in both constitutional and tort law, began with the holding in New York Times v. Sullivan that the first amendment places substantial restrictions on the common law tort action for defamation. Although the ramifications of New York Times are still developing,that continuing reform of the law of defamation will result is to be expected. The readjustment of the balancing of conflicting interests that New York Times represents came about at the behest of the press,and the press have been the primary beneficiaries of these developments. Indeed, some commentators contend that the …
In Search Of A Free Speech Principle, Mark G. Yudof
In Search Of A Free Speech Principle, Mark G. Yudof
Michigan Law Review
A Review of Free Speech: A Philosophical Enquiry by Frederick Schauer
Public Employees And The First Amendment: Connick V. Myers, Christine M. Arden
Public Employees And The First Amendment: Connick V. Myers, Christine M. Arden
Loyola University Chicago Law Journal
No abstract provided.
Consumers Union Of United States, Inc., V. General Signal Corp: Commercial Free Speech And The Fair Use Doctrine Of Copyright, Clifford E. Berman
Consumers Union Of United States, Inc., V. General Signal Corp: Commercial Free Speech And The Fair Use Doctrine Of Copyright, Clifford E. Berman
Loyola University Chicago Law Journal
No abstract provided.
Reporter's Privilege And Juvenile Anonymity: Two Confidentiality Policies On A Collision Course, Diane Geraghty, Alan Raphael
Reporter's Privilege And Juvenile Anonymity: Two Confidentiality Policies On A Collision Course, Diane Geraghty, Alan Raphael
Loyola University Chicago Law Journal
No abstract provided.
Textbook Adoption Laws, Precensorship, And The First Amendment: The Case Against Statewide Selection Of Classroom Materials, 17 J. Marshall L. Rev. 167 (1984), M. David Bieber
UIC Law Review
No abstract provided.