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- Freedom of speech (17)
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Articles 31 - 60 of 86
Full-Text Articles in Law
Triangulating The Boundaries Of The Pentagon Papers, John Cary Sims
Triangulating The Boundaries Of The Pentagon Papers, John Cary Sims
McGeorge School of Law Scholarly Articles
No abstract provided.
The Death Knell For Hate-Crime Laws? The Supreme Court Protects Unpopular Speech In R.A.V. V. City Of St. Paul, Gregory Preves
The Death Knell For Hate-Crime Laws? The Supreme Court Protects Unpopular Speech In R.A.V. V. City Of St. Paul, Gregory Preves
Loyola University Chicago Law Journal
No abstract provided.
People V. Diguida: Freedom Of Expression On Private Property Under The Illinois Constitution, Douglas M. Poland
People V. Diguida: Freedom Of Expression On Private Property Under The Illinois Constitution, Douglas M. Poland
Loyola University Chicago Law Journal
No abstract provided.
Native American Inmates And Prison Grooming Regulations: Today's Justified Scalps: Iron Eyes V. Henry, William Norman
Native American Inmates And Prison Grooming Regulations: Today's Justified Scalps: Iron Eyes V. Henry, William Norman
American Indian Law Review
No abstract provided.
Church Of The Lukumi Babalu Aye V. City Of Hialeah, Paul Bader
Church Of The Lukumi Babalu Aye V. City Of Hialeah, Paul Bader
Faculty Articles and Papers
In Church of the Lukumi Babalu Aye v. City of Hialeah,1 a Florida district court has gone further than any other federal court in proscribing a church's right to exercise its religious beliefs. The district court found that the city's interests in public health, child welfare, and animal welfare were sufficient to override the protection provided under the free exercise clause of the First Amendment.2 After the Eleventh Circuit Court of Ap- peals affirmed in an unpublished opinion the Supreme Court granted cer- tiorari to decide whether the First Amendment3 protects a religion's prac- tice of animal sacrifice. The Supreme …
Public Funds, Private Schools, And The Court: Legal Issues And Policy Consequences, Michael Heise
Public Funds, Private Schools, And The Court: Legal Issues And Policy Consequences, Michael Heise
Cornell Law Faculty Publications
No abstract provided.
Fast Food And False Friends In The Shopping Mall Of Ideas, Steven L. Winter
Fast Food And False Friends In The Shopping Mall Of Ideas, Steven L. Winter
Law Faculty Research Publications
No abstract provided.
The First Amendment In The Foreign Affairs Realm: Domesticating The Restriction On Citizen Participation, Brad R. Roth
The First Amendment In The Foreign Affairs Realm: Domesticating The Restriction On Citizen Participation, Brad R. Roth
Law Faculty Research Publications
No abstract provided.
Broadcasting And Speech, Jonathan Weinberg
Broadcasting And Speech, Jonathan Weinberg
Law Faculty Research Publications
It is illegal to speak over the airwaves without a broadcast license. The FCC grants those licenses, and decides whether they will be renewed, on the basis of a vague "public interest" standard. The resulting system of broadcast regulation conflicts, starkly and gratuitously, with ordinary free speech philosophy. In this Article, the author argues that that inconsistency is crucially linked to inadequacies in free speech theory itself Conventional free speech theory ignores the extent to which imbalances of private power limit freedom of expression. It presupposes that public discourse takes place on a rational plane. The author explores the link …
Silence And The Word, Paul Campos
Progressive Free Speech And The Uneasy Case For Campus Hate Codes, Robert F. Nagel
Progressive Free Speech And The Uneasy Case For Campus Hate Codes, Robert F. Nagel
Publications
No abstract provided.
How To Do Things With The First Amendment, Pierre Schlag
How To Do Things With The First Amendment, Pierre Schlag
Publications
No abstract provided.
Girls Should Bring Lawsuits Everywhere . . . Nothing Will Be Corrupted: Pornography As Speech And Product, Marianne Wesson
Girls Should Bring Lawsuits Everywhere . . . Nothing Will Be Corrupted: Pornography As Speech And Product, Marianne Wesson
Publications
No abstract provided.
The First Amendment Right To Petition Government For A Redress Of Grievances: Cut From A Different Cloth, 21 Hastings Const. L.Q. 15 (1993), Julie M. Spanbauer
The First Amendment Right To Petition Government For A Redress Of Grievances: Cut From A Different Cloth, 21 Hastings Const. L.Q. 15 (1993), Julie M. Spanbauer
UIC Law Open Access Faculty Scholarship
No abstract provided.
The Right To Religion-Based Exemptions In Early America: The Case Of Conscientious Objectors To Conscription, Ellis M. West
The Right To Religion-Based Exemptions In Early America: The Case Of Conscientious Objectors To Conscription, Ellis M. West
Political Science Faculty Publications
One of the more controversial decisions handed down by the Supreme Court in recent years was its decision in the case of Employment Division, Oregon v. Smith, which raised the basic issue of whether the free exercise clause of the First Amendment guarantees a right to religion-based exemptions, i.e., whether it gives persons and groups a prima facie right to be exempt from having to obey valid laws when they have religious reasons for noncompliance. More specifically, in Smith, two Native Americans claimed that their prosecution for using an illegal drug, peyote, was precluded by the free exercise clause …
Information, Imagery, And The First Amendment: A Case For Expensive Protection Of Commercial Speech, Rodney A. Smolla
Information, Imagery, And The First Amendment: A Case For Expensive Protection Of Commercial Speech, Rodney A. Smolla
Scholarly Articles
Not available.
The First Americans And The "Free" Exercise Of Religion, Martin C. Loesch
The First Americans And The "Free" Exercise Of Religion, Martin C. Loesch
American Indian Law Review
No abstract provided.
Freedom Of Speech As A Product Of Democracy, Arnold H. Loewy
Freedom Of Speech As A Product Of Democracy, Arnold H. Loewy
University of Richmond Law Review
There are very nearly as many (if not more) rationales for freedom of speech as there are books and articles on the subject. Without attempting to canvass them all, I think that they can be divided into two generic theories. One theory suggests that freedom of speech is essentially teleological or consequentialist, i.e. it exists to serve some other goal, usually effective participation in the democratic process. The other theory, which is deontological or normative, suggests that freedom of speech exists as an end in itself rather than as a means towards accomplishing something else. Of course, these theories are …
Constitutional Adventures In Wonderland: Exploring The Debate Between Rules And Standards Through The Looking Glass Of The First Amendment, David L. Faigman
Constitutional Adventures In Wonderland: Exploring The Debate Between Rules And Standards Through The Looking Glass Of The First Amendment, David L. Faigman
Faculty Scholarship
No abstract provided.
The Pc Harangue, James Boyle
The Psychology Of First Amendment Scholarship: A Reply, David Skover, Ronald Collins
The Psychology Of First Amendment Scholarship: A Reply, David Skover, Ronald Collins
Faculty Articles
This essay was written as an afterword to the Colloquy entitled The First Amendment in a Commercial Culture, as a reply to commentaries on "Commerce & Communication" authored by Leo Bogart (advertising expert), Sut Jhally (professor of communications), Alex Kozinski (federal appellate judge) & Stuart Banner (attorney), and Rodney Smolla (law professor). The authors, Professors Skover and Collins, had hoped that Commerce & Communication would prompt new debate and discussion about certain First Amendment issues. However, judging from thier colleagues' reactions, there may well be more of the former than the latter. But in the scheme of things, who's to …
In Re Holtzman: Free Speech Or Professional Misconduct?, David W. Wright
In Re Holtzman: Free Speech Or Professional Misconduct?, David W. Wright
Touro Law Review
No abstract provided.
Information, Imagery, And The First Amendment: A Case For Expansive Protection Of Commercial Speech, Rodney A. Smolla
Information, Imagery, And The First Amendment: A Case For Expansive Protection Of Commercial Speech, Rodney A. Smolla
Faculty Publications
No abstract provided.
Cover Your Ears, John H. Garvey
Cover Your Ears, John H. Garvey
Scholarly Articles
Lee v. Weisman holds that public schools cannot offer prayers at graduation ceremonies. It has another curious implication: according to George Dent, it also means that public schools must excuse religious dissenters from offensive parts of the currculum. I think this is an astute observation. The issues are not alike doctrinally Weisman is an Establishment Clause case; the curriculum cases are Free Exercise cases. But the schools cause similar harms in both cases; they do so mostly by exposing children to unwelcome ideas. Why is this so upsetting? Why object to hearing people talk? I want to make three observations: …
Black And White Images, John H. Garvey
Black And White Images, John H. Garvey
Scholarly Articles
In 1989 the National Endowment for the Arts (the "NEA") caused a stir by funding two exhibitions of photographs by Robert Mapplethorpe and Andres Serrano. The pictures were vulgar and irreverent, and many people thought that the NEA should not sponsor them with tax money. Whether the NEA can actually control the content of speech that it pays for is a hard First Amendment question. I want to look at how Congress has tried to answer it. Congress seriously considered two solutions, and adopted one of them in 1990. Both rely on analogies drawn from the area of race relations. …
A Critique Of The Anti-Pornography Syllogism , George C. Thomas Iii
A Critique Of The Anti-Pornography Syllogism , George C. Thomas Iii
Maryland Law Review
No abstract provided.
Report Of The Coalition For A New America: Platform Section On Communications Policy, Rodney A. Smolla
Report Of The Coalition For A New America: Platform Section On Communications Policy, Rodney A. Smolla
Faculty Publications
No abstract provided.
The Pennsylvania Abortion Case, Janet Benshoof
There Goes The Neighborhood: The Evolution Of "Family" In Local Zoning Ordinances, William Graham
There Goes The Neighborhood: The Evolution Of "Family" In Local Zoning Ordinances, William Graham
Touro Law Review
No abstract provided.