Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- William & Mary Law School (6)
- University of Michigan Law School (4)
- Columbia Law School (3)
- Georgetown University Law Center (2)
- Touro University Jacob D. Fuchsberg Law Center (2)
-
- University of Colorado Law School (2)
- University of Miami Law School (2)
- Brooklyn Law School (1)
- Cleveland State University (1)
- Cornell University Law School (1)
- Florida State University College of Law (1)
- Golden Gate University School of Law (1)
- Osgoode Hall Law School of York University (1)
- The Catholic University of America, Columbus School of Law (1)
- UIC School of Law (1)
- University at Buffalo School of Law (1)
- University of Arkansas at Little Rock William H. Bowen School of Law (1)
- University of Baltimore Law (1)
- University of Georgia School of Law (1)
- University of Missouri School of Law (1)
- University of Pennsylvania Carey Law School (1)
- University of Washington School of Law (1)
- Valparaiso University (1)
- Vanderbilt University Law School (1)
- West Virginia University (1)
- Keyword
-
- First Amendment (6)
- Freedom of speech (6)
- First amendment (4)
- Constitutional law (3)
- Constitution (2)
-
- Flag burning (2)
- Free speech (2)
- Freedom of Speech (2)
- Libel (2)
- Libel and Slander (2)
- Prior restraint (2)
- Trials (2)
- United States Constitution 1st Amendment (2)
- United States Supreme Court (2)
- Violation (2)
- 1934 Communications Act (1)
- 1983 litigation (1)
- 1984 Cable Policy Act (1)
- 1988-89 Term (1)
- ACLU (1)
- Abortion (1)
- Abuses of authority (1)
- Affirmative action (1)
- Aliens (1)
- American Booksellers Ass'n v. Hudnut (1)
- Anti-concentration (1)
- Antitrust (1)
- Antitrust suits (1)
- Arrest (1)
- Associated Press v. United States (1)
- Publication
-
- Faculty Scholarship (4)
- Michigan Law Review (3)
- William & Mary Law Review (3)
- All Faculty Scholarship (2)
- Faculty Publications (2)
-
- Georgetown Law Faculty Publications and Other Works (2)
- Popular Media (2)
- Publications (2)
- Touro Law Review (2)
- University of Miami Law Review (2)
- Articles (1)
- Articles & Book Chapters (1)
- California Senate (1)
- Cornell Law Faculty Publications (1)
- Florida State University Law Review (1)
- Journal Articles (1)
- LLM Theses and Essays (1)
- Law Faculty Articles and Essays (1)
- Law Faculty Publications (1)
- Scholarly Articles (1)
- UIC Law Open Access Faculty Scholarship (1)
- University of Arkansas at Little Rock Law Review (1)
- University of Michigan Journal of Law Reform (1)
- Vanderbilt Journal of Transnational Law (1)
- West Virginia Law Review (1)
- Publication Type
Articles 1 - 30 of 39
Full-Text Articles in Law
First Amendment Rights At Fairs, Expositions And Auditoriums, Senate Select Committee On Fairs And Rural Issues
First Amendment Rights At Fairs, Expositions And Auditoriums, Senate Select Committee On Fairs And Rural Issues
California Senate
Enclosed is a document concerning the responsibilities of fairs under the First Amendment. This paper was prepared by Charles Getz, IV, at the request of Ester Armstrong, Assistant Director of Fairs & Expositions, Department of Food & Agriculture. This document is intended for the use of the Boards of Directors in formulating a first amendment policy. It is general in nature and is not issued as a mandate that fairs are required to follow. Rather it is intended to provide quidance to fairs in this area and to be updated as the information changes.
The Lessons Of Miller And Hudnut: On Proposing A Pornography Ordinance That Passes Constitutional Muster, Martin Karo, Marcia Mcbrian
The Lessons Of Miller And Hudnut: On Proposing A Pornography Ordinance That Passes Constitutional Muster, Martin Karo, Marcia Mcbrian
University of Michigan Journal of Law Reform
This Note first reviews the evolution of obscenity law, concentrating on the modern obscenity test formulated in Miller v. California, including its requirement that any obscenity prosecution must be based on a state statute, not merely on the common law. It then examines the elements of the Miller test, arguing that legislatures may determine statewide "community standards" of patently offensive depictions of sexual conduct and discusses the permissibility of legislative expansion of pornography regulation beyond the present boundaries. Part II examines the federal courts' analysis of the civil rights-based antipornography ordinance passed in Indianapolis. Part III suggests standards for …
The First Amendment And The Flag, Bruce Berner
The First Amendment And The Flag, Bruce Berner
Law Faculty Publications
No abstract provided.
Free Exercise In The Free State: Maryland's Role In Religious Liberty And The First Amendment, Kenneth Lasson
Free Exercise In The Free State: Maryland's Role In Religious Liberty And The First Amendment, Kenneth Lasson
All Faculty Scholarship
Maryland arguably holds the distinction of being the state whose early history most directly ensured, and whose citizenry was most directly affected by, the First Amendment's protection of religious freedom. Because of its relatively diverse religious population, Maryland stood out as both a champion of tolerance and a hotbed of discrimination for most of its colonial experience. Similarities have been pointed out between the first provincial government in St. Mary's, Maryland, and the American plan under the Constitution, particularly with respect to religious liberty.
This article offers a brief overview of the religious history of Maryland, focuses on important state …
The Establishment Clause As A Structural Restraint On Governmental Power, Carl H. Esbeck
The Establishment Clause As A Structural Restraint On Governmental Power, Carl H. Esbeck
Faculty Publications
This Article inquires into whether the singular purpose of the Establishment Clause is to secure individual rights, as is conventionally believed, or whether its role is more properly understood as a structural restraint on governmental power. If the Clause is indeed structural in nature, then its task is to negate from the purview of civil governance all matters “respecting an establishment of religion.” Conceptualizing the role of the Establishment Clause as either rights-securing or structural has profound consequences for the nation's constitutional settlement concerning the interrelationship of government and religion.
The Second-Best First Amendment, Frederick Schauer
The Second-Best First Amendment, Frederick Schauer
William & Mary Law Review
No abstract provided.
The Right To Refuse Mental Health Treatment: A First Amendment Perspective, Bruce J. Winick
The Right To Refuse Mental Health Treatment: A First Amendment Perspective, Bruce J. Winick
University of Miami Law Review
No abstract provided.
Indirect Gag Orders And The Doctrine Of Prior Restraint, Sheryl A. Bjork
Indirect Gag Orders And The Doctrine Of Prior Restraint, Sheryl A. Bjork
University of Miami Law Review
No abstract provided.
Public Response To Racist Speech: Considering The Victim's Story, Mari J. Matsuda
Public Response To Racist Speech: Considering The Victim's Story, Mari J. Matsuda
Michigan Law Review
The threat of hate groups like the Ku Klux Klan and the neo-Nazi skinheads goes beyond their repeated acts of illegal violence. Their presence and the active dissemination of racist propaganda means that citizens are denied personal security and liberty as they go about their daily lives. Professor Richard Delgado recognized the harm of racist speech in his breakthrough article, Words That Wound, in which he suggested a tort remedy for injury from racist words. This Article takes inspiration from Professor Delgado's position, and makes the further suggestion that formal criminal and administrative sanction - public as opposed to private …
Constitutional Law—Freedom Of The Press—Imposing Liability On Newspaper For Publishing Name Of Rape Victim Obtained From Publicly Released Police Report Violates First Amendment. Florida Star V. B.J.F., 109 S. Ct. 2603 (1989)., Stephanie M. Bartels
University of Arkansas at Little Rock Law Review
No abstract provided.
Harry Kalven, The Proust Of The First Amendment, Lee Bollinger
Harry Kalven, The Proust Of The First Amendment, Lee Bollinger
Michigan Law Review
A Review of A Worth Tradition: Freedom of Speech in America by Harry Kalven, Jr.
American Broadcasting And The First Amendment, René L. Todd
American Broadcasting And The First Amendment, René L. Todd
Michigan Law Review
A Review of American Broadcasting and the First Amendment by Lucas A. Powe, Jr.
Hustler Magazine V. Falwell: A Mislitigated And Misreasoned Case, Bruce Fein
Hustler Magazine V. Falwell: A Mislitigated And Misreasoned Case, Bruce Fein
William & Mary Law Review
No abstract provided.
A Scout Is Friendly: Freedom Of Association And The State Effort To End Private Discrimination, Paul Varela
A Scout Is Friendly: Freedom Of Association And The State Effort To End Private Discrimination, Paul Varela
William & Mary Law Review
No abstract provided.
Reform Libel Law?, Rodney A. Smolla, Don Reuben
"Discrimination" On The Basis Of Religion: An Examination Of Attempted Value Neutrality In Employment, Laura S. Underkuffler
"Discrimination" On The Basis Of Religion: An Examination Of Attempted Value Neutrality In Employment, Laura S. Underkuffler
Cornell Law Faculty Publications
No abstract provided.
Ceremonial Invocations At Public High School Events And The Establishment Clause, James J. Dean
Ceremonial Invocations At Public High School Events And The Establishment Clause, James J. Dean
Florida State University Law Review
No abstract provided.
Emotional Distress, The First Amendment, And This Kind Of Speech: A Heretical Perspective On Hustler Magazine V. Falwell, Paul A. Lebel
Emotional Distress, The First Amendment, And This Kind Of Speech: A Heretical Perspective On Hustler Magazine V. Falwell, Paul A. Lebel
Faculty Publications
No abstract provided.
Introduction: Third Abraham L. Pomerantz Lecture: The First Amendment And Government Regulation Of Economic Markets, Roberta S. Karmel
Introduction: Third Abraham L. Pomerantz Lecture: The First Amendment And Government Regulation Of Economic Markets, Roberta S. Karmel
Faculty Scholarship
No abstract provided.
A Defense Of The Annenberg Libel Reform Proposal, Rodney A. Smolla
A Defense Of The Annenberg Libel Reform Proposal, Rodney A. Smolla
Popular Media
No abstract provided.
Cable Traffic And The First Amendment Must-Carry Under A Diversity Approach And Antitrust As Possible Alternative, Bruno Vandermeulen
Cable Traffic And The First Amendment Must-Carry Under A Diversity Approach And Antitrust As Possible Alternative, Bruno Vandermeulen
LLM Theses and Essays
Recent technological progress in the field of telecommunications has greatly changed the competitive structure between broadcasters, cable operators, and telephone companies. The legal and economic environment for these media participants has shifted, and new problems have arisen. One major problem is the enhanced threat of concentration of media corporations, as corporate bigness becomes desirable and the number of diversified owners of media outlets continues to decrease. This paper analyzes broadcasting regulations and subsequent case law to show the concern by the legislature and regulatory agencies to preserve diversity in opinion and media-ownership through emphasis on “localism” and a “marketplace of …
Freedom Of Speech, Press And Assembly, And Freedom Of Religion Under The Illinois Constitution, 21 Loy. U. Chi. L.J. 91 (1989), Michael P. Seng
Freedom Of Speech, Press And Assembly, And Freedom Of Religion Under The Illinois Constitution, 21 Loy. U. Chi. L.J. 91 (1989), Michael P. Seng
UIC Law Open Access Faculty Scholarship
No abstract provided.
First Amendment And Land Use, In Recent Developments In Land Use, Planning, And Zoning, Alan C. Weinstein, Edward E. Ziegler Jr.
First Amendment And Land Use, In Recent Developments In Land Use, Planning, And Zoning, Alan C. Weinstein, Edward E. Ziegler Jr.
Law Faculty Articles and Essays
In the mid-1980s, the focus in this area of the law was on nuisance closures and license revocation actions affecting adult bookstores and other kinds of establishments where either obscenity or illicit sexual activities were taking place. In our last committee report focusing on the first amendment area we reported on those areas of the law in light of the Supreme Court's decision in Arcara v. Cloud Books, Inc. Since then, there has been one important Fifth Circuit decision, FW/PBS Inc. v. City of Dallas, that the Supreme Court has agreed to review, with a decision expected in 1989. There …
Hazelwood East School District V. Kuhlmeier: The Death Of No Prior Restraint In An Official High School Newspaper, Grace Wigal
Hazelwood East School District V. Kuhlmeier: The Death Of No Prior Restraint In An Official High School Newspaper, Grace Wigal
West Virginia Law Review
No abstract provided.
Distinction Without A Difference: A Reappraisal Of The Doctrine Of Prior Restraint, Marin Roger Scordato
Distinction Without A Difference: A Reappraisal Of The Doctrine Of Prior Restraint, Marin Roger Scordato
Scholarly Articles
For nearly 60 years, the doctrine of prior restraint has held a central position in first amendment jurisprudence. A law that acts as a prior restraint on speech comes under such searching judicial scrutiny that it almost always is invalidated. Professor Marin Scordato makes a frontal attack on the existing prior restraint doctrine in this Article. ie first maintains that the traditional definition of prior restraint defies the common-sense meaning of the term. Then he examines the policy justifications for identifying prior restraints by their asserted tendency to produce constitutionally undesirable results compared with their definitional opposites, subsequent sanctions. He …
Commentary, The Selling Of Jury Deliberations, Robert F. Nagel
Commentary, The Selling Of Jury Deliberations, Robert F. Nagel
Publications
No abstract provided.
First Amendment, Burt Neuborne
Section 1983, Martin A. Schwartz, Honorable George C. Pratt, Leon Friedman
Section 1983, Martin A. Schwartz, Honorable George C. Pratt, Leon Friedman
Touro Law Review
No abstract provided.
Case Digest, Law Review Staff
Case Digest, Law Review Staff
Vanderbilt Journal of Transnational Law
MCCARRAN-WALTER ACT PROVISIONS ALLOWING FOR THE DEPORTATION OF ALIENS WHO ADVOCATE WORLD COMMUNISM VIOLATE THE FIRST AMENDMENT
American-Arab Anti-Discrimination Committee v. Meese 1989 U.S. Dist. LEXIS 1327 (C.D. Cal. Jan. 26, 1989)
PHILIPPINE ACTION AGAINST FORMER PRESIDENT MARCOS NOT BARRED BY ACT OF STATE DOCTRINE AND INJUNCTION ALLOWED TO FREEZE ASSETS WORLDWIDE
Republic of the Philippines v. Marcos 862 F.2d 1355 (9th Cir. 1988) (en banc).
THE FOREIGN SOVEREIGN IMMUNITES ACT OF 1976 PROVIDES THE SOLE BASIS FOR OBTAINING JURSIDICTION OVER A FOREIGN STATE
Argentine Republic v. Amerada Hess Shipping Corp. 109 S. Ct. 683(1989).
ASLYUM APPLICANT WHO FAILS TO …
The Original Conception Of Section 1 And Its Demise: A Comment On Irwin Toy V. A-G Of Quebec, Jamie Cameron
The Original Conception Of Section 1 And Its Demise: A Comment On Irwin Toy V. A-G Of Quebec, Jamie Cameron
Articles & Book Chapters
The author submits that the logic and purpose of the Canadian Charter of Rights and Freedom, as it was originally conceived, demand that the substantive rights be given a broad and literal interpretation with limitations imposed exclusively under section 1. This distinction between breach and justification must be maintained to preserve the Charter's integrity. The author suggests that the Supreme Court of Canada's decision in Irwin Toy will only perpetuate the confusion surrounding Charter interpretation. The Court again failed to articulate a concrete conception of section 1 review, and, in obiter dicta, noted that forms of expressive activity having physical …