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- First Amendment (5)
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- Balancing approach (1)
- Establishment clause (1)
- First amendment (1)
- Flast v. Cohen (1)
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- Freedom of the Press (1)
- Horizontalist (1)
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Articles 1 - 14 of 14
Full-Text Articles in Law
Brown V. Glines, Lewis F. Powell, Jr.
Committee For Public Education And Religious Liberty V. Regan, Lewis F. Powell Jr.
Committee For Public Education And Religious Liberty V. Regan, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Pruneyard Shopping Center V. Robins, Lewis F. Powell Jr.
Pruneyard Shopping Center V. Robins, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Richmond Newspapers, Inc. V. Virginia, Lewis F. Powell Jr.
Richmond Newspapers, Inc. V. Virginia, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Response: Pornography And The First Amendment, Frederick Schauer
Response: Pornography And The First Amendment, Frederick Schauer
Faculty Publications
No abstract provided.
Private Speech And The Private Forum: Givhan V. Western Line School District, Frederick Schauer
Private Speech And The Private Forum: Givhan V. Western Line School District, Frederick Schauer
Faculty Publications
No abstract provided.
Balancing Freedom Of Speech, David S. Bogen
Standing Up For Flast: Taxpayer And Citizen Standing To Raise Constitutional Issues, David S. Bogen
Standing Up For Flast: Taxpayer And Citizen Standing To Raise Constitutional Issues, David S. Bogen
Faculty Scholarship
No abstract provided.
Violent Pornography: Degradation Of Women Versus Right Of Free Speech, Lisa G. Lerman
Violent Pornography: Degradation Of Women Versus Right Of Free Speech, Lisa G. Lerman
Scholarly Articles
No abstract provided.
Speech And Speech - Obscenity And Obscenity: An Exercise In The Interpretation Of Constitutional Language, Frederick Schauer
Speech And Speech - Obscenity And Obscenity: An Exercise In The Interpretation Of Constitutional Language, Frederick Schauer
Faculty Publications
Commentators have criticized the Supreme Court's use of the "two-level" theory of speech to place obscenity beyond the pale of the first amendment. They charge the Court with shirking the task of balancing first amendment values and the states' interests in regulating obscene material. Professor Schauer meets this criticism by examining the meaning of the word "speech" in the context of the purposes of the first amendment and the Constitution as a whole. He concludes that "speech"does not include a category.of obscenity'that performs the function of a surrogate sexual act and is lacking in communicative content. The Court's treatment of …
Confessions Of A Horizontalist: A Dialogue On The First Amendment, Larry Yackle
Confessions Of A Horizontalist: A Dialogue On The First Amendment, Larry Yackle
Faculty Scholarship
It is hardly surprising that the Supreme Court has never developed a satisfying theory of the first amendment. Free speech and press problems are many and varied, demanding the most delicate balance of interests in order to preserve a system of freedom of expression and at the same time afford proper respect for competing governmental objectives. Doctrine adapted to one medium of expression may not sit well when applied to others. With the passage of time, changes in technology, economic conditions, and the very nature of expression tend to outstrip the Court's ability to keep pace with doctrinal innovations. There …
Children And The First Amendment, John H. Garvey
Children And The First Amendment, John H. Garvey
Scholarly Articles
If children possess moral and political rights against the state, theories about these rights have scarcely progressed beyond first principles. The state must retain power to regulate education and some aspects of family life. Parents sometimes have a final say concerning what a child may do and experience. Professor Garvey offers an account of the way in which these and other realities shape the child's rights of free expression under the first amendment.
The Absoluteness Of The First Amendment, Stephen W. Gard
The Absoluteness Of The First Amendment, Stephen W. Gard
Law Faculty Articles and Essays
Despite an urgent need, the reality is that today we have no unifying free speech theory. Instead, the recent decisions of the United States Supreme Court suggest that doctrinal confusion reigns. Ironically, I would suggest that the cause of the present doctrinal confusion is not that insufficient attention has been paid to technical free speech issues, but rather that modern first amendment thinking has been dominated by "balancers." The poverty of the balancing approach, be it ad hoc or definitional in character, stems from its reliance on pragmatic considerations rather than on fundamental principles embodied in the enduring legacy of …
Free Press-Fair Trial: Restrictive Orders After Nebraska Press, Doug R. Rendleman
Free Press-Fair Trial: Restrictive Orders After Nebraska Press, Doug R. Rendleman
Faculty Publications
No abstract provided.