Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Cleveland State University (3)
- Columbia Law School (2)
- Cornell University Law School (2)
- University at Buffalo School of Law (2)
- University of Pennsylvania Carey Law School (2)
-
- University of the Pacific (2)
- Washington and Lee University School of Law (2)
- William & Mary Law School (2)
- Brooklyn Law School (1)
- Chicago-Kent College of Law (1)
- Fordham Law School (1)
- Mitchell Hamline School of Law (1)
- Roger Williams University (1)
- Southern Methodist University (1)
- The Catholic University of America, Columbus School of Law (1)
- UC Law SF (1)
- UIC School of Law (1)
- University of Florida Levin College of Law (1)
- University of Georgia School of Law (1)
- University of Kentucky (1)
- University of Michigan Law School (1)
- University of Missouri School of Law (1)
- University of Pittsburgh School of Law (1)
- Wayne State University (1)
- Western New England University School of Law (1)
- Keyword
-
- First Amendment (6)
- Freedom of speech (4)
- Commercial speech (2)
- Constitution (2)
- Establishment Clause (2)
-
- First amendment (2)
- Free speech (2)
- Internet filtering (2)
- United States (2)
- United States Supreme Court (2)
- ALA (1)
- Aclu (1)
- Adult entertainment (1)
- American Civil Liberties Union (1)
- Application-centered design (1)
- Arts Funding (1)
- Block website (1)
- Church (1)
- Church and State (1)
- Church and state (1)
- Churches (1)
- Commercial speech doctrine (1)
- Communication Decency Act of 1997 (1)
- Conscience (1)
- Constitutional Law (1)
- Constitutional protection of religion (1)
- Content-neutral regulation (1)
- Due process (1)
- Due process clauses (1)
- Due process of law (1)
- Publication
-
- Faculty Scholarship (7)
- All Faculty Scholarship (3)
- Scholarly Articles (3)
- Articles (2)
- Cornell Law Faculty Publications (2)
-
- Journal Articles (2)
- Law Faculty Articles and Essays (2)
- McGeorge School of Law Scholarly Articles (2)
- Supreme Court Preview (2)
- All Maxine Goodman Levin School of Urban Affairs Publications (1)
- Faculty Journal Articles and Book Chapters (1)
- Faculty Publications (1)
- LLM Theses and Essays (1)
- Law Faculty Research Publications (1)
- Law Faculty Scholarly Articles (1)
- Law Faculty Scholarship (1)
- UF Law Faculty Publications (1)
- UIC Law Open Access Faculty Scholarship (1)
Articles 1 - 30 of 34
Full-Text Articles in Law
Zoning Ordinances And "Free Speech", Alan C. Weinstein
Zoning Ordinances And "Free Speech", Alan C. Weinstein
Law Faculty Articles and Essays
Over the past two decades there has been a marked expansion in legal challenges to local land use regulations claiming violations of the free speech clause of the First Amendment to the United States Constitution. First Amendment claims can arise whenever government enacts or enforces zoning or other regulations that deal with uses such as billboards or adult entertainment businesses. This article discusses why this litigation is taking place, provides an overview of First Amendment law, and offers local officials some guidelines to help avoid potential legal challenges.
Qualified Intimacy, Celebrity, And The Case For A Newsgathering Privilege, Rodney A. Smolla
Qualified Intimacy, Celebrity, And The Case For A Newsgathering Privilege, Rodney A. Smolla
Scholarly Articles
Not available.
The Constitutionality Of Mandatory Public School Service Programs, Rodney A. Smolla
The Constitutionality Of Mandatory Public School Service Programs, Rodney A. Smolla
Scholarly Articles
Part of a special issue on amateurs in public service and their involvement in volunteering, service-learning, and community service. An analysis of the constitutionality of mandatory public school community service programs is presented. The legality of such programs is examined with reference to conditions, coercion, and the right-privilege distinction; community service as involuntary servitude; the substantive due process doctrine; conscientious objection based on religion or ideology; and organizational inclusion and exclusion. It is acknowledged that community service programs are not value-neutral, in that they obviously reflect the community's philosophical and cultural judgments regarding the mission and function of public schools. …
Section 1: Mitchell V. Helms, Institute Of Bill Of Rights Law, William & Mary Law School
Section 1: Mitchell V. Helms, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Section 5: First Amendment, Institute Of Bill Of Rights Law, William & Mary Law School
Section 5: First Amendment, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Religion And Democracy, Steven H. Shiffrin
Religion And Democracy, Steven H. Shiffrin
Cornell Law Faculty Publications
Should citizens armed with religious reasons for public policy outcomes present those reasons in the public forum or otherwise rely on them in making decisions? Those questions have produced a flurry of scholarship, both within and outside of the law. Moreover, as Kent Greenawalt's work richly demonstrates, these related questions raise many more questions still. Do the answers to those questions differ, for example, if the citizen is a judge, a legislator, a columnist, a religious leader, or a "mere" voter? Are some religious reasons acceptable for presentation in a public forum, but not others?
If one holds a constricted …
Roger Williams's Gift: Religious Freedom In America, Edward J. Eberle
Roger Williams's Gift: Religious Freedom In America, Edward J. Eberle
Law Faculty Scholarship
No abstract provided.
State Supported Speech, Steven J. Heyman
State Supported Speech, Steven J. Heyman
All Faculty Scholarship
No abstract provided.
Public Fora, Neutral Governments, And The Prism Of Property, Calvin R. Massey
Public Fora, Neutral Governments, And The Prism Of Property, Calvin R. Massey
Faculty Scholarship
No abstract provided.
Libraries Face Internet Filter Question, Pat Newcombe
Libraries Face Internet Filter Question, Pat Newcombe
Faculty Scholarship
The Author describes how libraries electronically bar access to objectionable Internet sites and the legal trouble encountered with this policy by free-speech advocates. The ALA, the American Civil Liberties Union, and other free-speech advocates have strongly resisted having libraries play the role of lnternet censor. But parents and patrons who use the libraries on a regular basis have pressured libraries in a growing number of communities to devise some kind of barrier to viewing sexually explicit material from the Internet on library PCs.
Finley, Forbes And The First Amendment: Does He Who Pays The Piper Call The Tune?, Joel Gora
Finley, Forbes And The First Amendment: Does He Who Pays The Piper Call The Tune?, Joel Gora
Faculty Scholarship
No abstract provided.
Is There An Obligation To Listen?, Leslie Gielow Jacobs
Is There An Obligation To Listen?, Leslie Gielow Jacobs
McGeorge School of Law Scholarly Articles
No abstract provided.
Pledges, Parades, And Mandatory Payments, Leslie Gielow Jacobs
Pledges, Parades, And Mandatory Payments, Leslie Gielow Jacobs
McGeorge School of Law Scholarly Articles
This Article examines the Supreme Court's treatment of compelled expression cases. It sets forth the speech restraint framework by describing the crucial determinations guiding judicial analysis. It then explains the current results, reasoning, and incoherence of the compelled expression cases. This Article isolates and evaluates the variables that the Court claims are significant to compelled expression analysis. It then adjusts the variables according to the free speech clause values evident in speech restraint analysis to create a coherent doctrine of compelled expression. This doctrine both places past cases within a consistent framework and provides a structure for evaluating future compelled …
Local Government Land Use Restrictions And Selected First Amendment Issues, Barbara Jo Nelson
Local Government Land Use Restrictions And Selected First Amendment Issues, Barbara Jo Nelson
LLM Theses and Essays
A local government's power to enact zoning regulations falls within the general power to provide for the health, safety, and welfare of its citizenry. This thesis addresses a few selected First Amendment issues as they apply to zoning and land use restrictions in Georgia. Free speech review of zoning ordinances applies to zoning for adult sex businesses, such as adult book stores and cinemas. The First Amendment balancing test that is applicable to adult entertainment ordinances is discussed in Chapter One. The free speech impact of restrictions on signs and billboards is discussed in Chapter Two. Finally, in Chapter Three, …
Some Realistic Thinking About Secular Effects, Paul E. Salamanca
Some Realistic Thinking About Secular Effects, Paul E. Salamanca
Law Faculty Scholarly Articles
Notwithstanding complaints about incoherence in Establishment Clause doctrine, courts by and large administer the Clause responsibly. They do so by mediating between a number of powerful considerations, none of which can ever be entirely disregarded. These considerations include, but are not limited to, separation of church and state, the value of religiosity, the imperative of affording equal treatment to religious and similarly situated nonreligious entities, and the proper role of courts in a democratic political system. This is not to say that courts cannot overstep their bounds and provoke an adverse reaction from other powerful elements within the polity. It …
Antidiscrimination Laws & Artistic Expression, Steven H. Shiffrin, Gregory R. Smith
Antidiscrimination Laws & Artistic Expression, Steven H. Shiffrin, Gregory R. Smith
Cornell Law Faculty Publications
Menacing Speech And The First Amendment: A Functional Approach To Incitement That Threatens, John A. Rothchild
Menacing Speech And The First Amendment: A Functional Approach To Incitement That Threatens, John A. Rothchild
Law Faculty Research Publications
Constitutional rules of protection cannot be based on purely formal distinctions among modes of utterance that are inattentive to the way the communications actually function....
Perdon, Si Es Que Te He Faltado: Retractaciones En Casos De Difamacion, 68 Rev. Jur. U.P.R. 635 (1999), Alberto Bernabe
Perdon, Si Es Que Te He Faltado: Retractaciones En Casos De Difamacion, 68 Rev. Jur. U.P.R. 635 (1999), Alberto Bernabe
UIC Law Open Access Faculty Scholarship
No abstract provided.
Five Modern Notions In Search Of An Author: The Ideology Of The Intimate Society In Constitutional Speech Law, Marie Failinger
Five Modern Notions In Search Of An Author: The Ideology Of The Intimate Society In Constitutional Speech Law, Marie Failinger
Faculty Scholarship
In this article, drawing heavily on the work of sociologist Richard Sennett, the author argues that the Court’s jurisprudence lends credence to, and exacerbates, five damaging “common sense” notions about American public social life: that public space and time are naked or empty, and can be imagined as no more than transportation tunnels or even the binoculars of a voyeur, as illustrated by the public forum doctrine; that massed acts of public communication, or “speech crowds” are dangerous and must be controlled by force, as the public forum and “clear and present danger” doctrines suggest; that “shadow” space for deviant …
Law And The Ideal Citizen, Lee C. Bollinger
Law And The Ideal Citizen, Lee C. Bollinger
Faculty Scholarship
The theme identified for this lecture series is the subject of responsibility. I assume Washington and Lee has selected that topic out of a sense that it has not received sufficient attention, as compared, for example, to the subject of "rights." I select "rights" as the counter-example because we often hear of the two in tandem – "rights and responsibilities." As such, the concept of responsibility connotes a sense of obligation as to what is due from us to others and to the community. It is, in that sense, easier to be in favor of rights than it is of …
From Yoder To Yoda: Traditional, Modern And Postmodern Models Of Religion In U.S. Constitutional Law, Rebecca Redwood French
From Yoder To Yoda: Traditional, Modern And Postmodern Models Of Religion In U.S. Constitutional Law, Rebecca Redwood French
Journal Articles
No abstract provided.
The Political Spectator: Censorship, Protest And The Moviegoing Experience, 1912-1922, Samantha Barbas
The Political Spectator: Censorship, Protest And The Moviegoing Experience, 1912-1922, Samantha Barbas
Journal Articles
No abstract provided.
Zoning Restrictions On Location Of Adult Businesses, Alan C. Weinstein
Zoning Restrictions On Location Of Adult Businesses, Alan C. Weinstein
All Maxine Goodman Levin School of Urban Affairs Publications
This year's report concentrates on recent legal developments concerning regulation of the location of "adult entertainment businesses." Such regulations raise serious constitutional issues because the First Amendment's guarantee of freedom of expression extends to non-obscene sexually oriented media. The U.S. Supreme Court, however, has established that local government may single out adult businesses for special regulatory treatment in the form of locational restrictions if the local government can show a substantial public interest in regulating such businesses unrelated to the suppression of speech and if the regulations allow for "reasonable alternative avenues of communication," which essentially translates into a reasonable …
Political Speech—Restrictions On Ballot-Initiative Petitions, Buckley V. American Constitutional Law Foundation, Mark L. Rienzi
Political Speech—Restrictions On Ballot-Initiative Petitions, Buckley V. American Constitutional Law Foundation, Mark L. Rienzi
Scholarly Articles
The Supreme Court has repeatedly noted that ballot and election regulations raise difficult questions about the interplay between the First Amendment's heightened protection for political speech, and states' need to regulate ballots and elections to ensure fair and orderly democracy. When making the delicate judgments between protecting political speech and allowing states to regulate elections, the Court has traditionally stated precisely which test it was employing to evaluate individual restrictions. Last Term, in Buckley v. American Constitutional Law Foundation, the Court invalidated several of Colorado's restrictions on the signature-gathering process for ballot initiative petitions. In so doing, the Court failed …
Nea V. Finley: A Decision In Search Of A Rationale, Lackland H. Bloom Jr.
Nea V. Finley: A Decision In Search Of A Rationale, Lackland H. Bloom Jr.
Faculty Journal Articles and Book Chapters
Debate has raged over whether Congress can constitutionally restrict, or at least influence, the ability of the National Endowment for the Arts (“NEA”) to award grants to artists and institutions for the creation or display of art work that a significant segment of the public would consider highly offensive. In the October 1997 Term, the Supreme Court, by an 8-1 margin in NEA v. Finley, upheld section 954(d), a 1991 congressional amendment to the NEA Act that requires the Chairperson of the NEA to ensure that, in establishing regulations and procedures for assessing artistic excellence and artistic merit, “general standards …
The Medium Is The Mistake: The Law Of Software For The First Amendment, R. Polk Wagner
The Medium Is The Mistake: The Law Of Software For The First Amendment, R. Polk Wagner
All Faculty Scholarship
Is computer software ? code written by humans that instructs a computer to perform certain tasks ? protected by the First Amendment? The answer to this question will significantly impact the course of future technological regulation, and will affect the scope of free expression rights in new media. In this note, I attempt to establish a framework for analysis, noting at the outset that the truly important question in this context is the threshold question: what is "speech or . . . the press"? I first describe two general ways that the Supreme Court has addressed the threshold question. One …
Commercial Speech, Professional Speech, And The Constitutional Status Of Social Institutions, Daniel Halberstam
Commercial Speech, Professional Speech, And The Constitutional Status Of Social Institutions, Daniel Halberstam
Articles
Current First Amendment analysis lacks a coherent view of speech in the professions. Classic cases address the street-comer orator, lone pamphleteer, newspaper editor, broadcaster, cable operator, public employee, grant recipient, vendor, corporation, and, most recently, Internet content provider. And an abundance of theory accompanies these speakers along the way. Although some of these actors may be professionals, both theory and practice generally meet their roles as members of a profession with silence. Despite the century-old recognition of the regulation of professions, we still have, for example, no paradigm for the First Amendment rights of attorneys, physicians, or financial advisers when …
Regionalism And The Religion Clauses: The Contribution Of Fisher Ames, Marc Arkin
Regionalism And The Religion Clauses: The Contribution Of Fisher Ames, Marc Arkin
Faculty Scholarship
On August 20, 1789, Massachusetts Federalist Fisher Ames rose to address the House of Representatives in one of his rare contributions to the debate on the Bill of Rights. 1 The day before, sitting as a Committee of the Whole, the House had concluded its brief discussion of the proposed religion amendment to the federal Constitution by agreeing to New Hampshire Representative Samuel Livermore's formula that "Congress shall make no laws touching religion, or infringing the rights of conscience." 2 Now, on the 20th, before the House could formally adopt Livermore's language, Representative Ames proposed a different wording. He moved …
Due Process, Jurisdiction And A Hague Judgments Convention, Ronald A. Brand
Due Process, Jurisdiction And A Hague Judgments Convention, Ronald A. Brand
Articles
Due process is perhaps one of the most misunderstood concepts in the U.S. legal system, especially as it appears to those outside the United States. For lawyers trained in the United States, 'due process' becomes a phrase with special meaning resulting from the study of a number of judicial decisions, especially those of the U.S. Supreme Court. For lay persons, and for lawyers from other countries, discussions of 'due process' may not always provide a clear understanding of what that phrase means in the U.S. legal system. This paper discusses the historical development of the concept of due process in …
Disentangling The Law Of Public Protest, Kevin F. O'Neill
Disentangling The Law Of Public Protest, Kevin F. O'Neill
Law Faculty Articles and Essays
The purpose of this Article is to alleviate the confusion that so frequently surrounds the law of public protest. Much of that confusion can be avoided, when analyzing a given case, by zeroing in on who is regulating the speech in question. There are four regulatory players, who act in four distinct settings: restrictions enacted by legislative bodies, the issuance of permits and fees by government administrators, speech-restrictive injunctions imposed by the judiciary, and the influence of police as a regulatory presence on the street. Discrete lines of precedent attend each of these players. Legislators and judges, for example, are …