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- First Amendment (17)
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Articles 1 - 30 of 60
Full-Text Articles in Law
The Case For A Constitutional Easement Approach To Permanent Monuments In Traditional Public Forums, Paul E. Mcgreal
The Case For A Constitutional Easement Approach To Permanent Monuments In Traditional Public Forums, Paul E. Mcgreal
NULR Online
No abstract provided.
Election Apparel And The Fashion Police, Timothy Zick
Election Apparel And The Fashion Police, Timothy Zick
Popular Media
No abstract provided.
The University Campus As “Useless Appendage”, Timothy Zick
The University Campus As “Useless Appendage”, Timothy Zick
Popular Media
No abstract provided.
The Sanctity Of Polling Places, Timothy Zick
The Clear And Present Internet: Terrorism, Cyberspace, And The First Amendment, Peter Margulies
The Clear And Present Internet: Terrorism, Cyberspace, And The First Amendment, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The State Of The First Amendment, Timothy Zick
The Fleeting Expletives Case, Timothy Zick
The Press And Preemptive Arrests, Timothy Zick
Meatspaces, Cyberspaces, And (Relative) Expressive Freedom, Timothy Zick
Meatspaces, Cyberspaces, And (Relative) Expressive Freedom, Timothy Zick
Popular Media
No abstract provided.
Freedom Of Expression Elsewhere, Timothy Zick
The Political Conventions And The First Amendment, Timothy Zick
The Political Conventions And The First Amendment, Timothy Zick
Popular Media
No abstract provided.
The Reaction To Convention Militarization, Timothy Zick
The Reaction To Convention Militarization, Timothy Zick
Popular Media
No abstract provided.
Pole Dancing: The New Pilates?, Timothy Zick
Porn Air, Timothy Zick
Federal Search Commission - Access, Fairness, And Accountability In The Law Of Search, Frank Pasquale, Oren Bracha
Federal Search Commission - Access, Fairness, And Accountability In The Law Of Search, Frank Pasquale, Oren Bracha
Faculty Scholarship
No abstract provided.
If Obscenity Were To Discriminate, Barry P. Mcdonald
If Obscenity Were To Discriminate, Barry P. Mcdonald
NULR Online
No abstract provided.
Eclecticism, Nelson Tebbe
Eclecticism, Nelson Tebbe
Cornell Law Faculty Publications
This short piece comments on Kent Greenawalt's new book, Religion and the Constitution: Establishment and Fairness. It argues that although Greenawalt's eclectic approach carries certain obvious costs, his theory cannot be evaluated without comparing its advantages and disadvantages to those of its competitors. It concludes by giving some sense of what that comparative calculus might look like.
Excluding Religion, Nelson Tebbe
Excluding Religion, Nelson Tebbe
Cornell Law Faculty Publications
This Article considers whether government may single out religious actors and entities for exclusion from its support programs. The problem of selective exclusion has recently sparked interest in lower courts and in informal discussions among scholars, but the literature has not kept pace. Excluding Religion argues that government generally ought to be able to select religious actors and entities for omission from support without offending the Constitution. At the same time, the Article carefully circumscribes that power by delineating several limits. It concludes by drawing out some implications for the question of whether and how a constitutional democracy ought to …
Free Speech And Human Dignity, Steven J. Heyman
Free Speech And Human Dignity, Steven J. Heyman
All Faculty Scholarship
No abstract provided.
Digitus Impudicus: The Middle Finger And The Law, Ira Robbins
Digitus Impudicus: The Middle Finger And The Law, Ira Robbins
Articles in Law Reviews & Other Academic Journals
The middle finger is one of the most commonly used insulting gestures in the United States. The finger, which is used to convey a wide range of emotions, is visible on streets and highways, in schools, shopping malls, and sporting events, in courts and execution chambers, in advertisements and on magazine covers, and even on the hallowed floor of the United States Senate. Despite its ubiquity, however, as a number of recent cases demonstrate, those who use the middle finger in public run the risk of being stopped, arrested, prosecuted, fined, and even incarcerated under disorderly conduct or breach of …
Sanctionable Conduct: How The Supreme Court Stealthily Opened The Schoolhouse Gate, Sonja R. West
Sanctionable Conduct: How The Supreme Court Stealthily Opened The Schoolhouse Gate, Sonja R. West
Scholarly Works
The Supreme Court's decision in Morse v. Frederick signaled that public school authority over student expression extends beyond the schoolhouse gate. This authority may extend to any activity in which a student participates that the school has officially sanctioned. The author argues that this decision is unsupported by precedent, and could encourage schools to sanction more events in the future. Because the Court failed to limit or define the power of a school to sanction an activity, the decision could have a chilling effect on even protected student expression. The author commends the Court for taking up this issue after …
Hate Speech, C. Edwin Baker
Hate Speech, C. Edwin Baker
All Faculty Scholarship
This paper describes the rationale that a full protection theory of free speech, a theory based on respect for individual autonomy, would give for protecting hate speech. The paper then notes that such a rationale will be unpersuasive to many (including this author) if the harms associated with a failure to outlaw hate speech are as great as often suggested – most dramatically, if the failure to prohibit makes a substantial contribution to the occurrence of serious racial/ethnic violence or genocide. The article then attempts to outline what empirical evidence would be needed to support this conclusion and gives reasons …
The Colonel's Finest Campaign: Robert R. Mccormick And Near V. Minnesota, Eric Easton
The Colonel's Finest Campaign: Robert R. Mccormick And Near V. Minnesota, Eric Easton
All Faculty Scholarship
Today, media corporations and their professional and trade associations, along with organizations like Reporters Committee for Freedom of the Press and the American Civil Liberties Union, carefully monitor litigation that implicates First Amendment values and decide whether, when, and how to intervene. It was not always so. Litigation by an institutional press to avoid or create doctrinal precedent under the First Amendment really began with the appointment of Col. Robert R. McCormick to head the ANPA's Committee on Freedom of the Press in the spring of 1928 and his involvement in Near v. Minnesota beginning that fall. Because of McCormick's …
The First Amendment, Journalists, And Sources: A Curious Study In "Reverse Federalism", Rodney A. Smolla
The First Amendment, Journalists, And Sources: A Curious Study In "Reverse Federalism", Rodney A. Smolla
Scholarly Articles
Not available.
Constitutional Overview Of Post-9/11 Barriers To Free Speech And A Free Press, Nadine Strossen
Constitutional Overview Of Post-9/11 Barriers To Free Speech And A Free Press, Nadine Strossen
Articles & Chapters
No abstract provided.
Shibboleths And Ceballos: Eroding Constitutional Rights Through Pseudocommunication, Susan Stuart
Shibboleths And Ceballos: Eroding Constitutional Rights Through Pseudocommunication, Susan Stuart
Law Faculty Publications
Recently, the Supreme Court rendered an inexplicable First Amendment decision that has far-reaching effects on the way government is held accountable to the public. In Garcetti v. Ceballos, the Court determined that a government employer can retaliate against an employee for doing his job correctly, notwithstanding the Constitution, so long as the employer targets speech that was part of the employee’s official duties. Inasmuch as government employees are often responsible for reporting government misconduct and other matters of public concern, this opinion essentially leaves the public unprotected from the unbridled discretion of government supervisors. The possible motivations for this …
Citizen Teacher: Damned If You Do, Damned If You Don't, Susan P. Stuart
Citizen Teacher: Damned If You Do, Damned If You Don't, Susan P. Stuart
Law Faculty Publications
The recent Supreme Court case of Garcetti v. Ceballos is becoming one of the most-used cases in its mere two-year history. It denies to public employees the protection of the First Amendment when speaking in their official duties. In reviewing the cases both leading up to and then relying oh Garcetti, one is struck by the inherent conflict that nowpermeates some school board-employee relationships. Whereas preceding cases attempted to reach a balance between the school board and its employees' speech rights, bad management practices now seem to trump the First Amendment. Such practices have school boards discharging teachers and …
Academic Freedom And The Post-Garcetti Blues, Sheldon Nahmod
Academic Freedom And The Post-Garcetti Blues, Sheldon Nahmod
All Faculty Scholarship
No abstract provided.
Privacy And Funeral Protests, Christina E. Wells
Privacy And Funeral Protests, Christina E. Wells
Faculty Publications
This article examines the free speech implications of funeral protest statutes. Enacted in response to the Westboro Baptist Church, whose members protest at funerals to spread their antigay message, such statutes restrict a broad array of peaceful expressive activity. This Article focuses on the states’ interest underlying these statutes - protecting mourners’ right to be free from unwanted intrusions while at funeral services. Few would argue against protecting funeral services from intrusive protests. These statutes, however, go far beyond that notion and protect mourners from offensive, rather than intrusive, protests. As such, they do not conceive of privacy as protection …
Where's The Harm?: Free Speech And The Regulation Of Lies, Lyrissa Lidsky
Where's The Harm?: Free Speech And The Regulation Of Lies, Lyrissa Lidsky
Faculty Publications
The United States Supreme Court has interpreted the First Amendment to accord a measure of protection to outright lies. This essay seeks to explain why. Using Holocaust denial as an example of verifiably false speech, this essay poses the question of whether such speech poses a more serious danger than First Amendment jurisprudence traditionally has acknowledged. This essay also probes the unintended consequences of governmental attempts to impose criminal punishment on lies.