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1978

First Amendment

Institution
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Articles 1 - 30 of 34

Full-Text Articles in Law

Conscientious Objection To Public Education: The Grievance And The Remedies, Charles E. Rice Nov 1978

Conscientious Objection To Public Education: The Grievance And The Remedies, Charles E. Rice

BYU Law Review

No abstract provided.


Smith V. Daily Mail Publishing Co., Lewis F. Powell Jr. Oct 1978

Smith V. Daily Mail Publishing Co., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Bell V. Wolfish, Lewis F. Powell, Jr. Oct 1978

Bell V. Wolfish, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.


The Arkansas Freedom Of Information Act: Executive Session Subject Matter, Elizabeth Robben Butler Oct 1978

The Arkansas Freedom Of Information Act: Executive Session Subject Matter, Elizabeth Robben Butler

University of Arkansas at Little Rock Law Review

No abstract provided.


Constitutional Fair Use, Michael D. Brittin Oct 1978

Constitutional Fair Use, Michael D. Brittin

William & Mary Law Review

No abstract provided.


Access Of The Poor To Basic Economic Needs: A New Concern In Freedom Of Speech Decisions, John E. Brengle Oct 1978

Access Of The Poor To Basic Economic Needs: A New Concern In Freedom Of Speech Decisions, John E. Brengle

Indiana Law Journal

No abstract provided.


Midwest Video Crop. V. Fcc: The First Amendment Implications Of Cable Television Access, John K. Silk Oct 1978

Midwest Video Crop. V. Fcc: The First Amendment Implications Of Cable Television Access, John K. Silk

Indiana Law Journal

No abstract provided.


Government Aid To Church-Related Education : An Alternative Rationale Sep 1978

Government Aid To Church-Related Education : An Alternative Rationale

BYU Law Review

No abstract provided.


Jefferson And The Church-State Wall : A Historical Examination Of The Man And The Metaphor Sep 1978

Jefferson And The Church-State Wall : A Historical Examination Of The Man And The Metaphor

BYU Law Review

No abstract provided.


Defamatory Non-Media Speech And First Amendment Methodology, Steven H. Shiffrin Jun 1978

Defamatory Non-Media Speech And First Amendment Methodology, Steven H. Shiffrin

Cornell Law Faculty Publications

In the course of his eloquent commentary upon New York Times Co. v. Sullivan, the late Professor Kalven enthused that the Court had written "an opinion that may prove to be the best and most important it has ever produced in the realm of freedom of speech." This excitement was generated not by the Court's rather narrow holding but rather by the hope that Sullivan would serve as the opening wedge to dislodge the clear and present danger test, to dismantle the "two-level" approach to first amendment analysis (reflected in cases such as Chaplinsky, Beauharnais, and Roth), and instead ...


Spears V. State, 337 So. 2d 977 (Fla. 1976), John Mueller Apr 1978

Spears V. State, 337 So. 2d 977 (Fla. 1976), John Mueller

Florida State University Law Review

Constitutional Law- SPEECH- FLORIDA'S INDECENT AND OBSCENE LANGUAGE STATUTE DECLARED UNCONSTITUTIONAL ON ITS FACE FOR OVERBREADTH.


The First Amendment, High School Students, And The Possibility Of Psychological Harm: Trachtman V. Anker, Deborah F. Peters Apr 1978

The First Amendment, High School Students, And The Possibility Of Psychological Harm: Trachtman V. Anker, Deborah F. Peters

Buffalo Law Review

No abstract provided.


Some Notes On The Proper Uses Of The Clear And Present Danger Test, James W. Torke Mar 1978

Some Notes On The Proper Uses Of The Clear And Present Danger Test, James W. Torke

BYU Law Review

No abstract provided.


First Amendment Restrictions On The Ftc's, Robert D. Eckinger Mar 1978

First Amendment Restrictions On The Ftc's, Robert D. Eckinger

Vanderbilt Law Review

The Supreme Court has suggested a "degree of protection"approach to reconcile the first amendment protection of commercial speech with the need to effectively regulate false or misleading advertising. In so doing, however, the Court has failed to establish clearly the judicial standard of review appropriate in examining regulative measures. In the absence of adequate guidance, several circuit court decisions have adopted an unjustified standard of strict judicial scrutiny. The continued use of this standard by the circuit courts in reviewing FTC decisions will present increasing institutional problems for the courts and will seriously undermine the Commission's ability to ...


Recent Cases, Alan W. Duncan, Elton G. Snowden, William A. Holby, Joseph W. Gibbs Mar 1978

Recent Cases, Alan W. Duncan, Elton G. Snowden, William A. Holby, Joseph W. Gibbs

Vanderbilt Law Review

Constitutional Law -- Newsperson's Privilege - The First Amendment Guarantee of a Free Press Protects Against Compelled Disclosure of a Journalist's Exercise of Editorial Control and Judgment

Plaintiff, a former army officer who had achieved national prominence by claiming that his superiors ignored his reports of atrocities by American forces in Vietnam,' brought a libel suit against defendant television producer, reporter, and network for broadcasting a program that cast doubt upon plaintiff's allegations. Contending that defendant did not present available information corroborating plaintiff's claims, plaintiff sought discovery of the producer's beliefs, opinions, intent, and conclusions in preparing ...


First Amendment Ancillary Doctrines, David S. Bogen Jan 1978

First Amendment Ancillary Doctrines, David S. Bogen

Faculty Scholarship

No abstract provided.


Corporate Political Speech: The Effect Of First National Bank Of Boston V. Bellotti Upon Statutory Limitations On Corporate Referendum Spending, Francis H. Fox Jan 1978

Corporate Political Speech: The Effect Of First National Bank Of Boston V. Bellotti Upon Statutory Limitations On Corporate Referendum Spending, Francis H. Fox

Kentucky Law Journal

No abstract provided.


Regulation Of Fundamentalist Christian Schools: Free Exercise Of Religion V. The State's Interest In Quality Education, Michael D. Baker Jan 1978

Regulation Of Fundamentalist Christian Schools: Free Exercise Of Religion V. The State's Interest In Quality Education, Michael D. Baker

Kentucky Law Journal

No abstract provided.


The Mobius Strip Of The First Amendment: Perspectives On Red Lion, William W. Van Alstyne Jan 1978

The Mobius Strip Of The First Amendment: Perspectives On Red Lion, William W. Van Alstyne

Faculty Publications

No abstract provided.


Fear, Risk And The First Amendment: Unraveling The Chilling Effect, Frederick Schauer Jan 1978

Fear, Risk And The First Amendment: Unraveling The Chilling Effect, Frederick Schauer

Faculty Publications

No abstract provided.


Media Reporting And Privacy Claims--Decline In Constitutional Protection For The Press, Gerald G. Ashdown Jan 1978

Media Reporting And Privacy Claims--Decline In Constitutional Protection For The Press, Gerald G. Ashdown

Kentucky Law Journal

No abstract provided.


Standing Up For Flast: Taxpayer And Citizen Standing To Raise Constitutional Issues, David S. Bogen Jan 1978

Standing Up For Flast: Taxpayer And Citizen Standing To Raise Constitutional Issues, David S. Bogen

Kentucky Law Journal

No abstract provided.


The Impact Of Pacifica Foundation On Two Traditions Of Freedom Of Expression, Stephen W. Gard, Jeffrey Endress Jan 1978

The Impact Of Pacifica Foundation On Two Traditions Of Freedom Of Expression, Stephen W. Gard, Jeffrey Endress

Cleveland State Law Review

The United States Supreme Court, in FCC v. Pacifica Foundation, had a magnificent opportunity to either begin the process of defining first amendment limitations on the scope of the authority of the FCC to regulate the content of broadcast expression, explicate a rational ground for the differential status of broadcasting, or perhaps both. The purpose of this article is not to debate the wisdom of the use of sensitive language on the electronic media or elsewhere. Nor is it our purpose to debate the substantive question of whether the Court reached the proper result in Pacifica, although we will necessarily ...


First Amendment Theory Applied To The Rights Of Publicity, Thomas H. Hannigan Jr Jan 1978

First Amendment Theory Applied To The Rights Of Publicity, Thomas H. Hannigan Jr

Boston College Law Review

No abstract provided.


The Impact Of Pacifica Foundation On Two Traditions Of Freedom Of Expression, Stephen W. Gard, Jeffrey Endress Jan 1978

The Impact Of Pacifica Foundation On Two Traditions Of Freedom Of Expression, Stephen W. Gard, Jeffrey Endress

Cleveland State Law Review

The United States Supreme Court, in FCC v. Pacifica Foundation, had a magnificent opportunity to either begin the process of defining first amendment limitations on the scope of the authority of the FCC to regulate the content of broadcast expression, explicate a rational ground for the differential status of broadcasting, or perhaps both. The purpose of this article is not to debate the wisdom of the use of sensitive language on the electronic media or elsewhere. Nor is it our purpose to debate the substantive question of whether the Court reached the proper result in Pacifica, although we will necessarily ...


Federalism And Obscenity, Robert M. O'Neil Jan 1978

Federalism And Obscenity, Robert M. O'Neil

Articles by Maurer Faculty

No abstract provided.


First Amendment Ancillary Doctrines, David S. Bogen Jan 1978

First Amendment Ancillary Doctrines, David S. Bogen

Maryland Law Review

No abstract provided.


Solicitation Of Public And Private Litigation Under The First Amendment, Donald P. Simet Jan 1978

Solicitation Of Public And Private Litigation Under The First Amendment, Donald P. Simet

Washington University Law Review

After presenting the solicitation cases, the Article will analyze the nearest precedents bearing on each.


May Desegregation Remedies Infringe The Rights Of Innocent Whites?—The Implications Of Runyon V. Mccrary For Reverse Discrimination, Judith Barry Wish Jan 1978

May Desegregation Remedies Infringe The Rights Of Innocent Whites?—The Implications Of Runyon V. Mccrary For Reverse Discrimination, Judith Barry Wish

Washington University Law Review

No abstract provided.


Ordinance Banning “For Sale” Signs Violates First Amendment Jan 1978

Ordinance Banning “For Sale” Signs Violates First Amendment

Washington University Law Review

No abstract provided.