Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- First Amendment (2)
- Anthropology (1)
- Church and state (1)
- Cognitive linguistics (1)
- Cognitive theory (1)
-
- Commit clause (1)
- Constitional right (1)
- Constitutional law (1)
- Courts (1)
- Culture (1)
- Election campaign (1)
- Election rules (1)
- Expression (1)
- Expressive integrity (1)
- First amendment (1)
- Folklore (1)
- Free exercise (1)
- Government discrimination (1)
- Government speech (1)
- Institutionalism (1)
- Internet (1)
- Judicial election (1)
- Judicial power (1)
- Language (1)
- Linguistics (1)
- Metaphor (1)
- Myth (1)
- Nonneutral law (1)
- Performance (1)
- Political activity (1)
Articles 1 - 6 of 6
Full-Text Articles in Law
Not For Attribution: Government's Interest In Protecting The Integrity Of Its Own Expression, Helen L. Norton
Not For Attribution: Government's Interest In Protecting The Integrity Of Its Own Expression, Helen L. Norton
Faculty Scholarship
Public entities increasingly maintain that the First Amendment permits them to ensure that private speakers’ views are not mistakenly attributed to the government. Consider, for example, Virginia’s efforts to ban the Sons of Confederate Veterans’ display of the Confederate flag logo on state-sponsored specialty license plates. Seeking to remain neutral in the ongoing debate over whether the Confederate flag is a symbol of “hate” or “heritage,” Virginia argued that the state would be wrongly perceived as endorsing the flag if the logo appeared on a state-issued plate adorned by the identifier “VIRGINIA.” The Fourth Circuit was unpersuaded, holding that the …
First Amendment Decisions - 2002 Term, Joel Gora
First Amendment Decisions - 2002 Term, Joel Gora
Faculty Scholarship
No abstract provided.
Judicial Campaign Codes After Republican Party Of Minnesota V. White, Richard Briffault
Judicial Campaign Codes After Republican Party Of Minnesota V. White, Richard Briffault
Faculty Scholarship
The vast majority of judicial offices in the United States are subject to election. The votes of the people select or retain at least some judges in thirty-nine states, and all judges are elected in twenty-one states. By one count, 87% of the state and local judges in the United States have to face the voters at some point if they want to win or remain in office. Judicial elections, however, differ from elections for legislative or executive offices in a number of significant ways. In nineteen states, most judges are initially appointed but must later go before the voters …
Against Separation, Philip A. Hamburger
Against Separation, Philip A. Hamburger
Faculty Scholarship
In 1802, in a letter to the Danbury Baptist Association, Thomas Jefferson wrote that the First Amendment had the effect of "building a wall of separation between Church & State." As it happens, when Congress drafted the First Amendment in 1789, Jefferson was enjoying Paris. Nonetheless, his words about separation are often taken as an authoritative interpretation of the First Amendment's establishment clause. Indeed, in the 1947 Everson v. Board of Education decision, the Supreme Court quoted Jefferson's pronouncement to justify its conclusion that the First Amendment guarantees a separation of church and state. Not only the justices but …
Fire, Metaphor, And Constitutional Myth-Making, Robert L. Tsai
Fire, Metaphor, And Constitutional Myth-Making, Robert L. Tsai
Faculty Scholarship
From the standpoint of traditional legal thought, metaphor is at best a dash of poetry adorning lawyerly analysis, and at worst an unjustifiable distraction from what is actually at stake in a legal contest. By contrast, in the eyes of those who view law as a close relative of ordinary language, metaphor is a basic building block of human understanding. This article accepts that metaphor helps us to comprehend a court's decision. At the same time, it argues that metaphor plays a special role in the realm of constitutional discourse. Metaphor in constitutional law not only reinforces doctrinal categories, but …
More Is Less, Philip A. Hamburger
More Is Less, Philip A. Hamburger
Faculty Scholarship
Is the First Amendment's right of free exercise of religion conditional upon government interests? Many eighteenth-century Americans said it was utterly unconditional. For example, James Madison and numerous contemporaries declared in 1785 that "the right of every man to exercise ['Religion'] ... is in its nature an unalienable right" and "therefore that in matters of Religion, no mans right is abridged by the institution of Civil Society." In contrast, during the past forty years, the United States Supreme Court has repeatedly conditioned the right of free exercise on compelling government interests. The Court not merely qualifies the practice of the …