Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Cornell University Law School (5)
- University of Missouri School of Law (4)
- Brooklyn Law School (3)
- Notre Dame Law School (3)
- American University Washington College of Law (2)
-
- Cleveland State University (2)
- Emory University School of Law (2)
- UIC School of Law (2)
- University of Baltimore Law (2)
- University of the Pacific (2)
- Boston University School of Law (1)
- Loyola University Chicago, School of Law (1)
- Penn State Law (1)
- St. Mary's University (1)
- Texas A&M University School of Law (1)
- The Catholic University of America, Columbus School of Law (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University of Georgia School of Law (1)
- University of Massachusetts School of Law (1)
- University of Miami Law School (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- University of Pennsylvania Carey Law School (1)
- University of Pittsburgh School of Law (1)
- University of Richmond (1)
- Washington and Lee University School of Law (1)
- Wayne State University (1)
- William & Mary Law School (1)
- Keyword
-
- First Amendment (10)
- Free speech (7)
- First amendment (5)
- Freedom of speech (4)
- Establishment Clause (3)
-
- Campaign finance (2)
- Discrimination (2)
- Education (2)
- Free expression (2)
- Hate speech (2)
- Religion (2)
- ABA Model Code of Judicial Conduct (1)
- Arrest (1)
- Baird v. State Bar of Arizona (1)
- Bar admission (1)
- Bias (1)
- Boy Scouts (1)
- Buckley (1)
- Buckley v. Valeo (1)
- Bush v. Gore (1)
- California (1)
- Campaign (1)
- Campaign contributions (1)
- Carl Washington (1)
- Censorship (1)
- Church-state relations (1)
- Churches (1)
- Claiborne hardware (1)
- Clergy (1)
- College (1)
- Publication
-
- Cornell Law Faculty Publications (5)
- Faculty Publications (5)
- Faculty Scholarship (5)
- Journal Articles (4)
- All Faculty Scholarship (3)
-
- Faculty Articles (3)
- Scholarly Works (3)
- Articles (2)
- Articles in Law Reviews & Other Academic Journals (2)
- Law Faculty Articles and Essays (2)
- McGeorge School of Law Scholarly Articles (2)
- Scholarly Articles (2)
- UIC Law Open Access Faculty Scholarship (2)
- Faculty Publications & Other Works (1)
- Law Faculty Publications (1)
- Law Faculty Research Publications (1)
- Supreme Court Preview (1)
Articles 1 - 30 of 44
Full-Text Articles in Law
Freedom Of Speech And True Threats, Jennifer E. Rothman
Freedom Of Speech And True Threats, Jennifer E. Rothman
All Faculty Scholarship
This article proposes a new test for determining what is a true threat - speech not protected by the First Amendment. Despite the importance of the true threats exception to the First Amendment, this is an underexplored area of constitutional law.
Even though the Supreme Court has made clear that true threats are punishable, it has not clearly defined what speech constitutes a true threat. To make this determination circuit courts have adopted inconsistent and inadequate tests including a reasonable listener test. The Supreme Court has never granted certiorari to resolve the issue.
The law surrounding threats has gained recent …
Section 6: First Amendment, Institute Of Bill Of Rights Law, William & Mary Law School
Section 6: First Amendment, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Prosecuting Conduit Campaign Contributions - Hard Time For Soft Money, Robert D. Probasco
Prosecuting Conduit Campaign Contributions - Hard Time For Soft Money, Robert D. Probasco
Faculty Scholarship
In recent years, there have been several high-profile prosecutions for violations of the Federal Election Campaign Act, involving contributions nominally by one individual but funded or reimbursed by another individual deemed to be the true contributor. Prosecutions of these “conduit contribution” cases have been surprising in at least three significant respects. First, the prosecutions have been based on violations of FECA’s reporting requirements and may not have involved any violations of the substantive prohibitions or limitations of contributions. Second, the defendants were the donors rather than campaign officials who actually filed reports with FECA. Third, the cases were prosecuted as …
Religion And The First Amendment: Some Causes Of The Recent Confusion, Carl H. Esbeck
Religion And The First Amendment: Some Causes Of The Recent Confusion, Carl H. Esbeck
Faculty Publications
The United States Supreme Court is surely guilty of making the matter of religion and the First Amendment harder than it ought to be. But it is others who have kept the debate over church/state relations either poisoned with culture-war rhetoric or so shrouded in mystery that seemingly only experts can untangle the juris-prudential snarls. By surrounding this venerable Amendment with a pseudocomplexity concerning the matter of religion these disinformation specialists create confusion, and confusion begets opportunities for further distortion and manipulation. Disagreements over the free exercise of religion and the no-establishment thereof are far simpler to resolve than these …
Rendering Unto Caesar Or Electioneering For Caesar--Loss Of Church Tax Exemption For Participation In Electoral Politics, Alan L. Feld
Rendering Unto Caesar Or Electioneering For Caesar--Loss Of Church Tax Exemption For Participation In Electoral Politics, Alan L. Feld
Faculty Scholarship
The restriction on church participation in political campaigns contained in the Internal Revenue Code operates uneasily. It appears to serve the useful purpose of separating the spheres of religion and electoral politics. But the separation often is only apparent, as churches in practice signal support for a particular candidate in a variety of rays that historically have not cost them their exemptions. Although the limited enforcement by the Internal Revenue Service has reflected the sensitive nature of the First Amendment values present, the federal government should provide more formal elaboration by statute or regulation. Focus on the use of funds …
Hate And The Bar: Is The Hale Case Mccarthyism Redux Or A Victory For Racial Equality?, W. Bradley Wendel
Hate And The Bar: Is The Hale Case Mccarthyism Redux Or A Victory For Racial Equality?, W. Bradley Wendel
Cornell Law Faculty Publications
The application of the constitutional free expression guarantee to the activities of the organized bar is one of the most important unexplored areas of legal ethics. In this essay I will consider in particular the question of whether an applicant may be denied admission to the bar for involvement with hateful or discriminatory activities. This question reveals the tension between the first amendment principle, established after the agonizing struggles of the McCarthy era, that no one may be denied membership in the bar because of his or her beliefs alone, and the plenary authority of bar associations to make predictive …
The Price Of Vouchers For Religious Freedom, Laura S. Underkuffler
The Price Of Vouchers For Religious Freedom, Laura S. Underkuffler
Cornell Law Faculty Publications
No abstract provided.
Section 1983, The First Amendment, And Public Employee Speech: Shaping The Right To Fit The Remedy (And Vice Versa), Michael Wells
Section 1983, The First Amendment, And Public Employee Speech: Shaping The Right To Fit The Remedy (And Vice Versa), Michael Wells
Scholarly Works
This Article is not about theories of free speech and how they bear on the public employment context, nor does it contribute to the academic debate over what the aims of public employee speech law ought to be. I take the Court at its word when it says that its aim is to give substantial weight to both the value of speech and the government's interest as an employer. Unlike Massaro and Ingber, I take it as a given that the government may insist on hierarchy and obedience to authority in the workplace. Unlike Rosenthal, I begin from the Court's …
Rewriting Near V. Minnesota: Creating A Complete Definition Of Prior Restraint, Michael I. Meyerson
Rewriting Near V. Minnesota: Creating A Complete Definition Of Prior Restraint, Michael I. Meyerson
All Faculty Scholarship
The decision in Near v. Minnesota, while establishing the prior restraint doctrine as a critical element for First Amendment analysis, failed to give a definition of prior restraint. The result has been inconsistent and unpredictable application of the doctrine as well as diminished protection of free expression. This article takes the next critical step in the journey begun by Near v. Minnesota; it attempts to create a comprehensive definition of prior restraint using the principles of separation of powers. Because all three branches can create 'prior restraints,' the prevention of unconstitutional restraints will necessitate different safeguards depending on which branch …
A Reply To Professor Krotoszynski, Steven H. Shiffrin
A Reply To Professor Krotoszynski, Steven H. Shiffrin
Cornell Law Faculty Publications
A reply to Ronald J. Krotoszynski, Jr.'s review of the author's book, Dissent, Injustice, and the Meanings of America.
Separating Church And State: Roger Williams And Religious Liberty, Kurt T. Lash
Separating Church And State: Roger Williams And Religious Liberty, Kurt T. Lash
Law Faculty Publications
Roger Williams was a religious bigot. He never met a church pure enough for his brand of Puritanism, and he never found a congregation worthy enough to have him as its pastor. After alienating every potential ally and provoking every critic, Williams was forced to flee to the wilds of Narragansett Bay in present-day Rhode Island. There, he preached to his remaining congregation- his family- and supported laws prohibiting men from wearing long hair.
In Timothy Hall's illuminating book, the reader is confronted with a flesh and blood Roger Williams who is rather different from the modern myth. Although Williams …
Their Own Preposessions: The Establishment Clause 1999-2000, Leslie C. Griffin
Their Own Preposessions: The Establishment Clause 1999-2000, Leslie C. Griffin
Scholarly Works
No abstract provided.
No Law ... Abridging, Joel Gora
Free Speech And The Limits Of Legislative Discretion: The Example Of Specialty License Plates, Leslie Gielow Jacobs
Free Speech And The Limits Of Legislative Discretion: The Example Of Specialty License Plates, Leslie Gielow Jacobs
McGeorge School of Law Scholarly Articles
No abstract provided.
The Public Sensibilities Forum, Leslie Gielow Jacobs
The Public Sensibilities Forum, Leslie Gielow Jacobs
McGeorge School of Law Scholarly Articles
No abstract provided.
First Amendment Protects Crude Protest Of Police Action, Martin A. Schwartz
First Amendment Protects Crude Protest Of Police Action, Martin A. Schwartz
Scholarly Works
No abstract provided.
The Neglected History Of The Prior Restraint Doctrine: Rediscovering The Link Between The First Amendment And The Separation Of Powers, Michael I. Meyerson
The Neglected History Of The Prior Restraint Doctrine: Rediscovering The Link Between The First Amendment And The Separation Of Powers, Michael I. Meyerson
All Faculty Scholarship
The prior restraint doctrine, once so fundamental to Constitutional Jurisprudence, has lost much of its effectiveness over the years. Nevertheless, prior restraint doctrine is crucial to preserving the line between protected and unprotected speech. One of the fundamental problems that contribute to the current ineffectiveness of prior restraint doctrine is that there exists no comprehensive definition of "prior restraint". This article chronicles the historical roots of prior restraint in order to arrive at a generally accepted legal definition. Through the course of this historical journey, the article yields a heretofore unexplored aspect of prior restraint doctrine, namely that prior restraint …
"Closet Case": Boy Scouts Of America V. Dale And The Reinforcement Of Gay, Lesbian, Bisexual, And Transgender Invisibility, Darren L. Hutchinson
"Closet Case": Boy Scouts Of America V. Dale And The Reinforcement Of Gay, Lesbian, Bisexual, And Transgender Invisibility, Darren L. Hutchinson
Faculty Articles
This Article argues that the Supreme Courts decision in Boy Scouts of America v. Dale misapplies and ignores controlling First Amendment precedent and incorrectly dermes "sexual identity" as a clinical or biological imposition that exists apart from expression or speech. This Article provides a doctrinal alternative to Dale that would protect vital interests in both equality and liberty and that would not condition, as does Dale, sexual "equality" upon the silencing of gay, lesbian, bisexual, and transgender individuals.
Regulation Of Religious Proselytism In The United States, Howard O. Hunter, Polly J. Price
Regulation Of Religious Proselytism In The United States, Howard O. Hunter, Polly J. Price
Faculty Articles
This article will consider various aspects of the U.S. legal system that affect proselytism. Although the United States has had a longstanding constitutional guarantee of the “free exercise” of religion, there are nonetheless significant constraints upon free exercise directly relating to proselytism. Some legal commentators, including Douglas Laycock, have argued that our decentralized system of government leads to insufficient protection of religious liberty, especially for religious minorities.Most case law on the subject in the United States, as well as most attempts to regulate behavior by ordinance or statute, have developed in response to groups or individuals that are outside the …
Disfavored Speech About Favored Rights: Hill V. Colorado, The Vanishing Public Forum And The Need For An Objective Speech Discrimination Test, Jamin B. Raskin, Clark L. Leblanc
Disfavored Speech About Favored Rights: Hill V. Colorado, The Vanishing Public Forum And The Need For An Objective Speech Discrimination Test, Jamin B. Raskin, Clark L. Leblanc
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Public Funding For Religious Schools: Difficulties And Dangers In A Pluralistic Society, Laura S. Underkuffler
Public Funding For Religious Schools: Difficulties And Dangers In A Pluralistic Society, Laura S. Underkuffler
Cornell Law Faculty Publications
No abstract provided.
Censorship Tsunami Spares College Media: To Protect Free Expression On Public Campuses, Lessons From The "College Hazelwood" Case, Richard J. Peltz-Steele
Censorship Tsunami Spares College Media: To Protect Free Expression On Public Campuses, Lessons From The "College Hazelwood" Case, Richard J. Peltz-Steele
Faculty Publications
Since the advent of journalism schools in the college academy, student publications have taken their place as a vital component of campus life. As counterparts to the Fourth Estate in the society at large, college journalists act as watchdogs on student government, ensuring that student money is wisely spent and student justice equitably administered. As an outpost of the Fourth Estate, college journalism serves all the public by monitoring the administration of higher education. In September 1999, a decision from the U.S. Court of Appeals for the Sixth Circuit threatened to radically distort the face of college journalism by rendering …
Cybergossip Or Securities Fraud? Some First Amendment Guidance In Drawing The Line., Lyrissa Lidsky, Michael Pike
Cybergossip Or Securities Fraud? Some First Amendment Guidance In Drawing The Line., Lyrissa Lidsky, Michael Pike
Faculty Publications
Fifteen-year-old Jonathan Lebed, the youngest person ever pursued by the SEC in an enforcement action, made over $800,000 in six months by promoting stocks on Internet message boards. Using several fictitious screen names, Jonathan posted hundreds of messages on Yahoo! Finance, hyping selected over-the-counter stocks and then promptly selling his pre-purchased shares as soon as the stock prices rose.
Publicly, the SEC painted a picture-perfect case of securities fraud. Yet, the SEC forced disgorgement of only $285,000 of Jonathan's profits, leaving many observers to wonder why the resolution of this supposedly clear-cut case left its teenaged perpetrator with over $500,000. …
Zero Tolerance For The First Amendment: Title Viiõs Regulation Of Employee Speech, Kingsley R. Browne
Zero Tolerance For The First Amendment: Title Viiõs Regulation Of Employee Speech, Kingsley R. Browne
Law Faculty Research Publications
No abstract provided.
Restricting Hate Speech Against Private Figures: Lessons In Power-Based Censorship From Defamation Law, Victor C. Romero
Restricting Hate Speech Against Private Figures: Lessons In Power-Based Censorship From Defamation Law, Victor C. Romero
Journal Articles
This article examines the debate between those who favor greater protection for minorities vulnerable to hate speech and First Amendment absolutists who are skeptical of any burdens on pure speech. The author also provides another perspective on the debate by highlighting the "public/private figure" distinction as an area within First Amendment law that acknowledges differences in power, a construct anti-hate speech advocates should use to further their cause. Specifically, the author places the "public/private figure" division in a theoretical and historical context and then provides empirical support for the thesis that whites enjoy a more prominent societal role and greater …
Clearly Canadian? Hill V. Colorado And Free Speech Balancing In The United States And Canada, 28 Hastings Const. L.Q. 187 (2001), Donald L. Beschle
Clearly Canadian? Hill V. Colorado And Free Speech Balancing In The United States And Canada, 28 Hastings Const. L.Q. 187 (2001), Donald L. Beschle
UIC Law Open Access Faculty Scholarship
No abstract provided.
Que Descanse En Paz: La Causa De Accion Por Difamacion De Personas Fallecidas, 70 Rev. Jur. U.P.R. 917 (2001), Alberto Bernabe
Que Descanse En Paz: La Causa De Accion Por Difamacion De Personas Fallecidas, 70 Rev. Jur. U.P.R. 917 (2001), Alberto Bernabe
UIC Law Open Access Faculty Scholarship
No abstract provided.
What Passes For Policy And Proof In First Amendment Litigation?, Rodney A. Smolla
What Passes For Policy And Proof In First Amendment Litigation?, Rodney A. Smolla
Scholarly Articles
Not available.
Hate In Cyberspace: Regulating Hate Speech On The Internet, Alexander Tsesis
Hate In Cyberspace: Regulating Hate Speech On The Internet, Alexander Tsesis
Faculty Publications & Other Works
No abstract provided.
The Ideology Of Judging And The First Amendment In Judicial Election Campaigns, W. Bradley Wendel
The Ideology Of Judging And The First Amendment In Judicial Election Campaigns, W. Bradley Wendel
Cornell Law Faculty Publications
No abstract provided.