Law Commons^™

Defamation Of Public Figures: North American Contrasts, Adrienne Stone

NYLS Law Review

No abstract provided.

Defamation, Free Speech, And Democratic Governance, Russell L. Weaver, David F. Partlett

NYLS Law Review

No abstract provided.

Truth And Consequences: First Amendment Protection For Accurate Reporting On Government Investigations, Jonathan Donnellan, Justin Peacock

NYLS Law Review

No abstract provided.

Common Sense About Original And Subsequent Understanding Of The Religion Clauses, Kent Greenawalt

Faculty Scholarship

This Essay is mainly about the Establishment Clause, but it covers analogous questions about free exercise as well. I try to untangle the threads of various controversies, concentrating primarily on what seems fairly resolvable on examination, while also noting uncertainties that do not yield to easy analysis. I ask how constitutional language should have been and should be interpreted, adopting a strategy that gives weight to ordinary meaning and to the general sense of why that language was adopted. I do not eschew reference to legislative history; however for our purposes in this Essay, legislative history turns out to be …

Introduction, Russell L. Weaver, David F. Partlett

NYLS Law Review

No abstract provided.

Free Speech, Reputation, And The Canadian Balance, Eugénie Brouillet

NYLS Law Review

No abstract provided.

Origins Of The Public Figure Doctrine In First Amendment Defamation Law, Catherine Hancock

NYLS Law Review

No abstract provided.

Transnational Communication And Defamatory Speech: A Case For Establishing Norms For The Twenty-First Century, David Goldberg

NYLS Law Review

No abstract provided.

Reforming The Crime Of Libel, Clive Walker

NYLS Law Review

No abstract provided.

Privacy, Princesses, And Paparazzi, Barbara Mcdonald

NYLS Law Review

No abstract provided.

Book Review. The Supreme Court And Religion In American Life, Daniel O. Conkle

Articles by Maurer Faculty

No abstract provided.

Does Cutter V. Wilkinson Change The Analysis Of Mandated Dui Treatment Programs?: A Critical Response, Eric L. Sherbine

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

The Judicial Experiment With Privatizing Religion, Gerard V. Bradley

Journal Articles

1984 was the high water mark of the U.S. Supreme Court's campaign to privatize religion - to strip public life bare of the sacred. It may also prove to be the mid-point: the "naked public square" was mandated by the Supreme Court in 1962, and there is good reason to think that now, in 2007, the Court might finally put an end to their misbegotten experiment.

"Privatization" of religion is tantamount to "secularism." Neither term denotes atheism, the claim that there is no God and that religion is, basically, an illusion. Privatization and secularism refer not to the denial of …

Taking Accommodation Seriously: Religious Freedom And The O Centro Case, Richard W. Garnett, Joshua D. Dunlap

Journal Articles

The big stories from the Supreme Court's 2005-06 Term were about military commissions and enemy combatants, political redistricting and campaign contributions, and the nomination and confirmation - the first in more than a decade - of two new Justices. Largely overlooked in the crush of Court-related coverage was the Term's lone church-state decision, Gonzalez v. O Centro Espirita Beneficente Uniao do Vegetal, involving the ritualized, but illegal, use by a small religious community from Brazil of a hallucinogenic tea called hoasca. Strictly speaking, O Centro was not a Religion Clauses case at all. It involved the interpretation and …

Playing Games With The First Amendment: Are Video Games Speech And May Minors' Access To Graphically Violent Video Games Be Restricted?, Gregory K. Laughlin

University of Richmond Law Review

No abstract provided.

Justice Stevens, Religious Freedom, And The Value Of Equal Membership, Christopher L. Eisgruber

Fordham Law Review

No abstract provided.

Foreword, Richard B. Collins

Publications

No abstract provided.

Intelligent Design And The First Amendment: A Response, Jay D. Wexler

Faculty Scholarship

In September 2005, a federal district judge in Pennsylvania began presiding over the nation's first trial regarding the constitutionality of introducing the concept of "intelligent design" (ID), a purportedly scientific alternative to the theory of evolution, into the public schools. My previous work has argued that teaching ID in the public schools would raise serious constitutional problems. In a series of writings, including a full length book and several articles, Baylor University professor Francis Beckwith has argued that public schools may constitutionally teach ID. In doing so, Beckwith has critiqued a number of arguments I have previously advanced in my …

The Food And Drug Administration's Evolving Regulation Of Press Releases: Limits And Challenges, William W. Vodra, Nathan Cortez, David E. Korn

Faculty Journal Articles and Book Chapters

The Food and Drug Administration (FDA) has developed an informal framework for regulating press releases by drug and medical device companies. FDA asserted jurisdiction over press releases based on its authority over labeling and advertising, and over the past 20 years, the agency has both broadened and scaled back its claims to authority over press statements.

Despite a somewhat predictable framework for anticipating how FDA regulates press materials, the agency's approach appears to be in flux. FDA will not tolerate false or misleading statements in press materials, but there are legal and practical limits to its regulation in this area. …

Life In The Early Days Of Lawyer Advertising: Personal Recollections Of A Bates Baby, Gerald S. Reamey

Faculty Articles

The Supreme Court decision in Bates v. State Bar of Arizona ruled that lawyer advertising is commercial speech subject to First Amendment protection. However, a Texas disciplinary statute provided that “a lawyer shall not publicize himself, his partner, or associate…through newspaper or magazine advertisements, radio or television announcements…or other means of commercial publicity.” Despite being clearly unconstitutional, the Texas statute remained law for five years. Finally, responding to Bates in September 1977, the Texas State Bar Board of Directors adopted an official statement which allowed for limited advertising in newspapers, and only to the extent which was provided for by …

The Law Of Yards, James C. Smith

Scholarly Works

Property law regimes have a significant impact on the ability of individuals to engage in freedom of expression. Some property rules advance freedom of expression, and other rules retard freedom of expression. This Article examines the inhibiting effects on expression of public land use regulations. The focus is on two types of aesthetic regulations: (1) landscape regulations, including weed ordinances, that regulate yards; and (2) architectural regulations that regulate the exterior appearance of houses. Such regulations sometimes go too far in curtailing a homeowner's freedom of expression. Property owners' expressive conduct should be recognized as “symbolic speech” under the First …

Introduction: Religion, Division, And The Constitution, Richard W. Garnett

Journal Articles

Thirty-five years ago, in his landmark Lemon v. Kurtzman opinion, Chief Justice Warren Burger declared that state actions could "excessive[ly]"—and, therefore, unconstitutionally—"entangle" government and religion, not only by requiring or allowing intrusive monitoring by officials of religious institutions and activities, but also through their "divisive political potential." He worried that government actions burdened with this "potential" pose a "threat to the normal political process and "divert attention from the myriad issues and problems that confront every level of government." And, he insisted that "political division along religious lines was one of the principal evils against which the First Amendment was …

The Rehnquist Court And The Groundwork For Greater First Amendment Scrutiny Of Intellectual Property, Mark P. Mckenna

Journal Articles

This contribution to the Washington University School of Law conference on the Rehnquist Court and the First Amendment addresses the Rehnquist Court's view of the role of the First Amendment in intellectual property cases. It argues that, while the Rehnquist Court was not eager to find a conflict between intellectual property laws and the First Amendment, there is reason to believe that it set the stage for greater First Amendment scrutiny of intellectual property protections. At the very least, the Court left that road open to future courts, which might be inclined to view intellectual property more skeptically.

Blogs And The First Amendment, David L. Hudson Jr.

Law Faculty Scholarship

An essay discussing the First Amendment implications of blogs.

A Reply To Professor Johnson, Marci A. Hamilton

Articles

No abstract provided.

Church Autonomy Is Not A Better Path To "Truth", Marci A. Hamilton

Articles

No abstract provided.

The Pragmatic Populism Of Justice Stevens's Free Speech Jurisprudence Symposium: The Jurisprudence Of Justice Stevens: Panel V: First Amendment/Voting Rights, Gregory P. Magarian

Scholarship@WashULaw

In his three decades on the Supreme Court, Justice John Paul Stevens has developed a distinctive approach to the First Amendment. During his tenure, the Court's majority has crystallized a theory of First Amendment speech protection as an abstract, negative protection of individual autonomy against government interference. In contrast, Justice Stevens' pragmatic judicial methodology has caused him to place greater emphasis on free speech decisions' practical consequences, particularly their effectiveness in making democratic debate inclusive as to both participants and subject matter in order to ensure robust, well-informed public discourse. Alone on the present Court, Justice Stevens manifests a deep …

Market Triumphalism, Electoral Pathologies, And The Abiding Wisdom Of First Amendment Access Rights, Gregory P. Magarian

Scholarship@WashULaw

Forty years ago, Professor Jerome Barron made the classic case that the First Amendment requires not merely protection of speech against government interference but provision of access to the means of mass communication. The Supreme Court in the ensuing decades has largely rejected Barron's approach. In this article, Professor Magarian defends Barron's case for access rights against the two theoretical critiques that have underwritten its doctrinal rejection. The libertarian critique attacks the normative underpinnings of access rights, maintaining that the First Amendment insulates market-driven distributions of expressive opportunities. Professor Magarian demonstrates that politically progressive and conservative libertarian critics of access …

Treating Religion As Speech: Justice Stevens's Religion Clause Jurisprudence, Eduardo Moises Penalver

Fordham Law Review

No abstract provided.

England's Chilling Forecast: The Case For Granting Declaratory Relief To Prevent English Defamation Actions From Chilling American Speech, Raymond W. Beauchamp

Fordham Law Review

No abstract provided.