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1977

First Amendment

Institution
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Articles 1 - 20 of 20

Full-Text Articles in Law

Zoning Obscenity: Or, The Moral Politics Of Porn, Norman Marcus Dec 1977

Zoning Obscenity: Or, The Moral Politics Of Porn, Norman Marcus

Buffalo Law Review

No abstract provided.


The Nonpartisan Freedom Of Expression Of Public Employees, Michigan Law Review Dec 1977

The Nonpartisan Freedom Of Expression Of Public Employees, Michigan Law Review

Michigan Law Review

Governmental activities affect each of us in a myriad of ways. The government's role as employer may pale in comparison with the more glamorous activities of the government as national defender, law enforcer, and allocator of scarce resources. Yet the legal ramifications of public employment-where the public interest in efficient governmental operation often conflicts with the public employee's freedom-have a profound influence upon American society.

In 1968, the Supreme Court in Pickering v. Board of Education formulated a test designed to balance these interests in defining the scope of a public employee's freedom of expression. In examining the nonpartisan free …


Houchins V. Kqed Inc., Lewis F. Powell Jr. Oct 1977

Houchins V. Kqed Inc., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


New York V. Cathedral Academy, Lewis F. Powell Jr. Oct 1977

New York V. Cathedral Academy, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Privacy, Appropriation, And The First Amendment: A Human Cannonball's Rather Rough Landing, Richard G. Wilkins Sep 1977

Privacy, Appropriation, And The First Amendment: A Human Cannonball's Rather Rough Landing, Richard G. Wilkins

BYU Law Review

No abstract provided.


Media Lability For Libel Of Newsworthy Persons: Before And After Time, Inc. V. Firestone, Thomas E. Wheeler, Jr. Jul 1977

Media Lability For Libel Of Newsworthy Persons: Before And After Time, Inc. V. Firestone, Thomas E. Wheeler, Jr.

Florida State University Law Review

No abstract provided.


Civilizing Pornography: The Case For An Exclusive Obscenity Nuisance Statute, Doug R. Rendleman Apr 1977

Civilizing Pornography: The Case For An Exclusive Obscenity Nuisance Statute, Doug R. Rendleman

Faculty Publications

Criminal penalties are increasingly perceived to be too severe for regulating obscenity. Professor Rendleman shares this perception and suggests that we replace criminal obscenity laws with an exclusive civil sanction utilizing injunctions. He proposes a comprehensive nuisance statute and discusses the various issues that arise in the equitable regulation of pornography.


Constitutional Privilege To Republish Defamation, Leslie Levin Jan 1977

Constitutional Privilege To Republish Defamation, Leslie Levin

Faculty Articles and Papers

Underlying the development of the law of defamation is a tension between two broad societal interests: protecting the reputation of individuals and safeguarding the free flow of discussion and information. The common law heavily favored the protection of reputation, offering only limited concessions to the competing interest. In recent years, however, the Supreme Court has refashioned the law of defamation to conform to a first amendment mandate that "debate on public issues should be uninhibited, robust and wide-open." In New York Times Co. v. Sullivan and subsequent cases, the Court established that public officials and public figures may not recover …


Fair Trial/Free Press - Nebraska Press Association V. Stuart: Defining The Limits Of Prior Restraint In The Trial By Newspaper Controversy, Carol S. Antonelli Jan 1977

Fair Trial/Free Press - Nebraska Press Association V. Stuart: Defining The Limits Of Prior Restraint In The Trial By Newspaper Controversy, Carol S. Antonelli

Loyola University Chicago Law Journal

No abstract provided.


Tenure Rights In Contractual And Constitutional Context, Ronald C. Brown Jan 1977

Tenure Rights In Contractual And Constitutional Context, Ronald C. Brown

Faculty Publications

No abstract provided.


Recent Cases, Samuel E. Stumpf, Jr., M. Carolyn Barefield, Robert S. Reder, Stephen C. Morton, Randolph C. Coley Jan 1977

Recent Cases, Samuel E. Stumpf, Jr., M. Carolyn Barefield, Robert S. Reder, Stephen C. Morton, Randolph C. Coley

Vanderbilt Law Review

Noerr-Pennington Immunity for Joint Efforts to Influence Governmental Action - Intent to Cause Competitive Injury, Evidenced by Repeated, Baseless Opposition Before an Adjudicatory Body, Does Not Result in Loss of Noerr-Pennington Immunity Absent Specific Allegations of Conduct External to or Abusive of the Adjutory Processes

Samuel E. Stumpf, Jr.

Constitutional Law - First Amendment - Student's Right to Receive Information Precludes Board's Removal of Allegedly Offensive Books from High School Library

M. Carolyn Barefield

Constitutional Law-Search and Seizure - Federal Courts Are Bound by Federal Wiretapping Statutes and Will Not Exclude Evidence Seized by State Agents in Violation of More …


Attorney Advertising Is Commercial Speech Protected By The First Amendment - Bates V. State Bar Jan 1977

Attorney Advertising Is Commercial Speech Protected By The First Amendment - Bates V. State Bar

Maryland Law Review

No abstract provided.


The National Labor Relations Act And The Forgotten First Amendment, James E. Bond Jan 1977

The National Labor Relations Act And The Forgotten First Amendment, James E. Bond

Faculty Articles

In this article Professor Bond discusses several points. First, the freedom of association principle, whatever its constitutional paternity, is now treated by the Court as one among first amendment equals. It is thus a fundamental right which the government may limit only for the most compelling reasons and then only in that way which least intrudes upon its exercise. Second, the relationship of an employee both to his employer and to his fellow employees involves associational rights of the kind guaranteed and protected by the first amendment. Third, the exclusive representation rule' of the National Labor Relations Act seriously interferes …


Constitutional Law - Obscenity - 1977 Amendments To The Pennsylvania Obscenity Statute, John P. Kopesky Jan 1977

Constitutional Law - Obscenity - 1977 Amendments To The Pennsylvania Obscenity Statute, John P. Kopesky

Villanova Law Review

No abstract provided.


Performer's Right Of Publicity: A Limitation On News Privilege, Becky Moses Jan 1977

Performer's Right Of Publicity: A Limitation On News Privilege, Becky Moses

Cleveland State Law Review

The right of publicity protects an individual's right to control the use of a personal asset such as his name, likeness, or performance, which has acquired pecuniary value through the investment of time, effort, or money. Although this right has gained increasing recognition since the 1950's, it has often been confused with the right of privacy, out of which the right of publicity evolved. In Zacchini v. Scripps-Howard Broadcasting Co., the United States Supreme Court held that the news media is not privileged under the first and fourteenth amendments to broadcast a performer's entire act without his consent. It is …


Constitutional Law--Restricting The Application Of The Commercial Speech Doctrine, Stephen Lee Thompson Jan 1977

Constitutional Law--Restricting The Application Of The Commercial Speech Doctrine, Stephen Lee Thompson

West Virginia Law Review

No abstract provided.


The Hazards To The Press Of Claiming A “Preferred Position”, William W. Van Alstyne Jan 1977

The Hazards To The Press Of Claiming A “Preferred Position”, William W. Van Alstyne

Faculty Publications

No abstract provided.


Cracks In “The New Property”: Adjudicative Due Process In The Administrative State, William W. Van Alstyne Jan 1977

Cracks In “The New Property”: Adjudicative Due Process In The Administrative State, William W. Van Alstyne

Faculty Publications

No abstract provided.


The Supreme Court And The Constitutional Rights Of Prisoners: A Reappraisal, Emily Calhoun Jan 1977

The Supreme Court And The Constitutional Rights Of Prisoners: A Reappraisal, Emily Calhoun

Publications

No abstract provided.


Prior Restraints On Freedom Of Expression By Defendants And Defense Attorneys: Ratio Decidendi V. Obiter Dictum, Monroe H. Freedman, Janet Starwood Jan 1977

Prior Restraints On Freedom Of Expression By Defendants And Defense Attorneys: Ratio Decidendi V. Obiter Dictum, Monroe H. Freedman, Janet Starwood

Hofstra Law Faculty Scholarship

Nebraska Press Association v. Stuart presents the Supreme Court's most strenuous disapproval of prior restraints on the press to date. Despite its concern for the first amendment rights of the press, however, the Court showed no such solicitude for the free speech rights of defendants and their attorneys. Instead, the two major opinions in Nebraska Press Association both contain unsupported, conclusory language suggesting that the special protection afforded the press might somehow be inapplicable to restraints against defendants and defense attorneys. The implication is that in order to secure their rights to fair trials defendants may have to sacrifice their …