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Law Commons

Open Access. Powered by Scholars. Published by Universities.®

1996

Selected Works

Constitutional Law

First Amendment

Articles 1 - 2 of 2

Full-Text Articles in Law

Scrambling For Protection: The New Media And The First Amendment (Paperback Ed.), Patrick Garry Dec 1995

Scrambling For Protection: The New Media And The First Amendment (Paperback Ed.), Patrick Garry

Patrick M. Garry

In Scrambling for Protection, Patrick Garry asserts that such dramatic developments in electronic communications will radically change the way society communicates. Already, computer networks and bulletin boards are creating, in essence, electronic editorial pages on which people can register their viewpoints. Indeed, the new and increasingly interactive media promise to more significantly involve the public in the process of social communication. This concept of change lies at the heart of Scrambling for Protection. Garry offers models and guidelines for constitutionally redefining the press and asserts that, as both the press and the First Amendment move away from an apparently exclusive …


Principle, History, And Power: The Limits Of The First Amendment Religion Clauses, Stephen M. Feldman Dec 1995

Principle, History, And Power: The Limits Of The First Amendment Religion Clauses, Stephen M. Feldman

Stephen M. Feldman

This article addresses whether the religion clauses of the U.S. Constitution prohibit the injection of religious values into political debate. I argue that Christianity hegemonically controls American society and culturally oppresses outgroup religions, particularly the prototypical minority religion of Judaism. I critically analyze how the constitutional principle of separation of church and state contributes to the current orientation of power within American society. I approach the problem of Christian social power from three perspectives: symbolic power, structural power, and the relationship between symbolic and structural power.