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Articles 1 - 30 of 36
Full-Text Articles in Law
First Amendment - Does Media Coverage Influence The Outcome Of Judicial Decisions?, Bruce Fein, Rodney A. Smolla
First Amendment - Does Media Coverage Influence The Outcome Of Judicial Decisions?, Bruce Fein, Rodney A. Smolla
Popular Media
No abstract provided.
Aals Speech, Wendy J. Gordon
Aals Speech, Wendy J. Gordon
Scholarship Chronologically
Marshall has also said I can speak as long as I want, so scream when you've had enough.
Section 4: Moot Court: Church Of The Lukumi Babulu Aye V. City Of Hialeah, Institute Of Bill Of Rights Law, William & Mary Law School
Section 4: Moot Court: Church Of The Lukumi Babulu Aye V. City Of Hialeah, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Blackmail And Transactional Structure - 1992, Wendy J. Gordon
Blackmail And Transactional Structure - 1992, Wendy J. Gordon
Scholarship Chronologically
The Coase Theorem operates in a world where mistaken allocations can be cured by trade. But blackmail involves two areas where mistaken allocations are likely to be permanent: free speech and reputation.
Liberal Visions Of The Freedom Of The Press, Michael J. Gerhardt
Liberal Visions Of The Freedom Of The Press, Michael J. Gerhardt
Faculty Publications
No abstract provided.
Cd-Rom Symposium Transcript Two - 1992, Wendy J. Gordon
Cd-Rom Symposium Transcript Two - 1992, Wendy J. Gordon
Scholarship Chronologically
MR. METALITZ: I think the point there is that amputation of authorship is really kind of an artifact of the registration process. You wouldn't be that concerned.
Cd-Rom Symposium Transcript One - 1992, Wendy J. Gordon
Cd-Rom Symposium Transcript One - 1992, Wendy J. Gordon
Scholarship Chronologically
Enclosed are the corrected pages of the transcript. The article itself will follow shortly.
Tort Liability, The First Amendment, And Equal Access To Electronic Networks, Henry H. Perritt Jr.
Tort Liability, The First Amendment, And Equal Access To Electronic Networks, Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.
Religious Liberty In The Military: The First Amendment Under "Friendly Fire", Kenneth Lasson
Religious Liberty In The Military: The First Amendment Under "Friendly Fire", Kenneth Lasson
All Faculty Scholarship
Though freedom of religion remains one of our most cherished values, it is still among the most controversial of constitutional rights. This is especially true in the context of military service. Even those who purposefully enlist in the armed forces, implicitly giving up certain liberties they freely enjoyed as civilians, would not relinquish their freedom of conscience. Yet the right to practice their religious beliefs, unfettered by arbitrary governmental restrictions, is regularly challenged.
Fortunately, however, most western cultures regard religious liberty as so fundamental that their military establishments routinely develop regulations to accommodate specific religious practices.
This principle was of …
The Canadian Constitution And The Dangers Of Establishment, Richard Kay
The Canadian Constitution And The Dangers Of Establishment, Richard Kay
Faculty Articles and Papers
No abstract provided.
Extinction And The Law: Protection Of Religiously Motivated Behavior, Fred P. Bosselman
Extinction And The Law: Protection Of Religiously Motivated Behavior, Fred P. Bosselman
All Faculty Scholarship
No abstract provided.
Government Regulation Of Religiously Based Social Services: The First Amendment Considerations, Carl H. Esbeck
Government Regulation Of Religiously Based Social Services: The First Amendment Considerations, Carl H. Esbeck
Faculty Publications
A daunting welter of variables confronts anyone who sets out to systematize the First Amendment's effect on the government's role in regulating social services operated by religious organizations. The task is further complicated because the regulations in question often were promulgated as a consequence of the monitoring that inevitably accompanies government spending on private-sector welfare programs. The most suitable methodology should take into account: 1) the nature of the organizations that are the object of the government's regulation or program of aid; 2) the interrelationship between government and religious organizations that results from the regulation or aid; and 3) the …
The Unconstitutionality Of Campus Bans On Racist Speech: The View From Without And Within, Robert A. Sedler
The Unconstitutionality Of Campus Bans On Racist Speech: The View From Without And Within, Robert A. Sedler
Law Faculty Research Publications
No abstract provided.
Conditional Spending And The First Amendment: Maintaining The Commitment To Rational Liberal Dialogue, 57 Mo. L. Rev. 1117 (1992), Donald L. Beschle
Conditional Spending And The First Amendment: Maintaining The Commitment To Rational Liberal Dialogue, 57 Mo. L. Rev. 1117 (1992), Donald L. Beschle
UIC Law Open Access Faculty Scholarship
No abstract provided.
A Proposed Process For Managing The First Amendment Aspects Of Campus Hate Speech, William A. Kaplin
A Proposed Process For Managing The First Amendment Aspects Of Campus Hate Speech, William A. Kaplin
Scholarly Articles
For public institutions, attempts to regulate hate speech raise substantial legal issues under the First Amendment of the U.S. Constitution. For private institutions, which may not be bound by the First Amendment, attempts to regulate hate speech raise sensitive policy questions concerning the role of free expression on campus. Numerous articles (many of which are listed in the references below) have undertaken substantive analysis of these constitutional issues and policy questions. In contrast, this article explores a preliminary and overarching concern: the process by which a college or university addresses the problem of hate speech, and in particular the process …
Litigation As A Predatory Practice, Gary Myers
Litigation As A Predatory Practice, Gary Myers
Faculty Publications
This article reviews and evaluates the sham litigation case law, finding that many courts have allowed immunity too readily or on inappropriate grounds. It attempts to develop comprehensive standards for antitrust claims based on sham litigation.
Practical Reason: The Commercial Speech Paradigm, Edward J. Eberle
Practical Reason: The Commercial Speech Paradigm, Edward J. Eberle
Law Faculty Scholarship
First Amendment jurisprudence incorporates a continual struggle to balance coflicting interests. Free speech values must be weighed against communitarian interests in a rational manner. The article examines the foundationalist approach to this task, and finds it incapable of providing a unified First Amendment theory. Through examination of the treatment of commercial speech, the article arrives at a more coherent approach through the application of practical reasoning. The proposed methodology allows for principled analysis and decisions which yield an internally consistent body of law.
Free Speech In The United States And Canada, Kent Greenawalt
Free Speech In The United States And Canada, Kent Greenawalt
Faculty Scholarship
This comparison of freedom of speech in the United States and Canada concentrates on Supreme Court decisions in the two countries and on kinds of speech mainly engaged in by extreme dissenters and political outsiders. After brief comments about constitutional language and general approaches, I discuss subversive speech and other speech that encourages criminal acts, hate speech, symbolic speech, and public demonstrations.
In both countries, a major premise of modern adjudication is that freedom of expression is a central feature of liberal democracy. Government "by the people," even in the extended sense of government by representatives, requires that citizens openly …
Protecting Religious Liberty: Judicial And Legislative Responsibilities, Gerard V. Bradley
Protecting Religious Liberty: Judicial And Legislative Responsibilities, Gerard V. Bradley
Journal Articles
Is the First Amendment hostile to religion? Answering that question requires at least the usual professorial ration of caveats. I assure you that I will directly answer the question. I submit, though, that the caveats constitute a more important, deeper response, a response which questions the question itself. Were I more radical in my intellectual sympathies, I would propose to deconstruct the question.
Second Thoughts On Rust V. Sullivan And The First Amendment, William W. Van Alstyne
Second Thoughts On Rust V. Sullivan And The First Amendment, William W. Van Alstyne
Faculty Publications
No abstract provided.
Banning Broadcasting – A Transatlantic Perspective, Geoffrey Bennett, Russel L. Weaver
Banning Broadcasting – A Transatlantic Perspective, Geoffrey Bennett, Russel L. Weaver
Journal Articles
The British Government's decision to prohibit radio and television networks from airing interviews or statements by members of certain Northern Ireland organizations, or by allies and sympathizers of such organizations (the Broadcasting Ban or Ban) is analyzed in context. From an analysis of the Ban, some conclusions are drawn about the nature of judicial review.
Does The United States Need An Establishment Clause?: God Loveth Adverbs, Daniel O. Conkle
Does The United States Need An Establishment Clause?: God Loveth Adverbs, Daniel O. Conkle
Articles by Maurer Faculty
No abstract provided.
The Myth Of Ministry Vs. Mortar: A Legal & Policy Analysis Of Landmark Designation Of Religious Institutions, Alan C. Weinstein
The Myth Of Ministry Vs. Mortar: A Legal & Policy Analysis Of Landmark Designation Of Religious Institutions, Alan C. Weinstein
Law Faculty Articles and Essays
This Article proposes to examine the conflict between religious institutions and landmark preservation groups at both its empirical and normative levels. Part I of the Article provides an overview of historic preservation. It traces the development of the historic preservation movement, describes the standards and procedures commonly found in preservation ordinances, and discusses briefly the seminal cases in this field. Part II then attempts to answer three questions: (1) how extensive is the conflict between religious institutions and landmark commissions; (2) what has been the response of state and local legislatures to the conflict; and (3) what legal doctrines have …
Against Constitutional Theory, Paul Campos
Fighting Exclusion From Televised Presidential Debates: Minor-Party Candidates' Standing To Challenge Sponsoring Organizations' Tax-Exempt Status Note, Gregory P. Magarian
Fighting Exclusion From Televised Presidential Debates: Minor-Party Candidates' Standing To Challenge Sponsoring Organizations' Tax-Exempt Status Note, Gregory P. Magarian
Scholarship@WashULaw
This Note argues that courts should recognize minor-party presidential candidates' standing to challenge the section 50l(c)(3) tax-exempt status of organizations sponsoring televised debates that exclude minor-party candidates. Part I situates the issue within the context of the Supreme Court's standing jurisprudence and concludes that the validity of a third-party tax-status challenge by an aggrieved minor-party presidential candidate remains an open question. Part II analyzes the Second and District of Columbia Circuits' decisions and concludes that the Second Circuit's approach properly interprets the Supreme Court's standing doctrine and correctly resolves the particular arguments which both courts consider. Part III first demonstrates …
Rouge Et Noir Reread: A Popular Constitutional History Of The Angelo Herndon Case, Kendall Thomas
Rouge Et Noir Reread: A Popular Constitutional History Of The Angelo Herndon Case, Kendall Thomas
Faculty Scholarship
In 1932, Eugene Angelo Braxton Hemdon, a young Afro-American member of the Communist Party, U.S.A., was arrested in Atlanta and charged with an attempt to incite insurrection against that state's lawful authority. Some five years later, in Herndon v. Lowry, Herndon filed a writ of habeas corpus asking the U.S. Supreme Court to consider the constitutionality of the Georgia statute under which he had been convicted. Two weeks before his twenty-fourth birthday, the Court, voting 5-4, declared the use of the Georgia political-crimes statute against him unconstitutional on the grounds that it deprived Herndon of his rights to freedom …
‘Hate Speech’ On The College Campus: Freedom Of Speech And Equality At The Crossroads, William A. Kaplin
‘Hate Speech’ On The College Campus: Freedom Of Speech And Equality At The Crossroads, William A. Kaplin
Scholarly Articles
This article focuses on the First Amendment implications of the hate speech problem, comparing the free speech values that may be endangered by attempts to regulate hate speech with the equality values that may be endangered if hate speech is left unchecked. I will also concentrate on processes that universities may devise to resolve these crucial value questions. My goal is to add order and balance to the differing points of view concerning hate speech, and to bring a measure of practicality and concreteness to what has often been a rather theoretical and abstract debate. In short, my focus will …
Book Reviews & Notices: Mark A. Graber, Transforming Free Speech, Gregory P. Magarian
Book Reviews & Notices: Mark A. Graber, Transforming Free Speech, Gregory P. Magarian
Scholarship@WashULaw
Gregory P. Magarian, Book Reviews & Notices: Mark A. Graber, Transforming Free Speech, 90 Mich. L. Rev. 1425 (1992)
Tort Liability For Physical Injuries Allegedly Resulting From Media Speech: A Comprehensive First Amendment Approach , Andrew B. Sims
Tort Liability For Physical Injuries Allegedly Resulting From Media Speech: A Comprehensive First Amendment Approach , Andrew B. Sims
Faculty Scholarship
No abstract provided.
Intrusion And The Investigative Reporter, Lyrissa Lidsky
Intrusion And The Investigative Reporter, Lyrissa Lidsky
Faculty Publications
Although sometimes reviled as muckrakers, investigative reporters play a valuable role in exposing societal ills and advancing reform. The success of investigative journalism is due, at least in part, to its use of novel newsgathering techniques. Yet some of these same techniques pose a threat to individual privacy. Current tort doctrine strikes an unsatisfactory balance between these competing interests. The qualified common-law privilege advocated by this Note, in contrast, would protect those newsgathering activities that promote the public welfare. Equally significantly, by sending a clear message to editors, media lawyers, and reporters about the scope of protected newsgathering activity, it …