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Articles 2521 - 2550 of 2666
Full-Text Articles in Law
Constitutional Law—First Amendment Right Of Access To Criminal Trials, C. Lyn Peeples
Constitutional Law—First Amendment Right Of Access To Criminal Trials, C. Lyn Peeples
University of Arkansas at Little Rock Law Review
No abstract provided.
Civil Liberties: Current Developments In The Seventh Circuit Regarding First Amendment, Procedural Due Process, Employment Discrimination And The Enforcement Of Civil Rights, Ivan E. Bodensteiner, Rosalie Levinson
Civil Liberties: Current Developments In The Seventh Circuit Regarding First Amendment, Procedural Due Process, Employment Discrimination And The Enforcement Of Civil Rights, Ivan E. Bodensteiner, Rosalie Levinson
Law Faculty Publications
No abstract provided.
The Origins Of Freedom Of Speech And Press, David S. Bogen
The Origins Of Freedom Of Speech And Press, David S. Bogen
Faculty Scholarship
No abstract provided.
The Dimensions Of A Journalist's Shield—First Amendment Protection For The Constitutionality Of News Sources Against Requests For Court-Ordered Disclosure In Civil Cases, Frank Van Dusen
Seattle University Law Review
This comment suggests a test in civil cases that enables a court to determine if there is a first amendment interest in protecting a source’s confidentiality. If a journalist can demonstrate this interest, then the burden shifts to the litigant seeking disclosure. This comments suggests three criteria through which the litigant must persuade the court that the state’s interest outweighs the first amendment interest. The test suggested by this comment should increase protection for the first amendment interest by decreasing the number of disclosure orders issued and by giving journalists and their confidential sources a basis for predicting in advance …
A Unified Theory Of The First Amendment:, Mark S. Nadel
A Unified Theory Of The First Amendment:, Mark S. Nadel
Fordham Urban Law Journal
The Supreme Court presently permits reasonable regulation of access in the broadcasting media; it nevertheless allows print publishers to foreclose such access. Although this approach has been praised by some, and a doctrine can only survive if there is a clear distinction between the print and broadcast media. In today's rapidly developing communications industry, the distinction between these converging media is unstable and inadequate. The increasing significance of cable television in particular has created a pressing need to replace the fragile double standard with a unified, all encompassing theory. This Article proposes such a unified theory after first drawing the …
A School Board's Authority Versus A Student's Right To Receive Information, Timothy L. Coggins
A School Board's Authority Versus A Student's Right To Receive Information, Timothy L. Coggins
Law Faculty Publications
This note examines the considerations which led the United States Supreme Court to determine that a school board's authority over the administration of the schools is not absolute if the exercise of this authority violates the constitutional rights of the students. Second. the note explores the development of a student's right to receive information through a school library as a guarantee of the first amendment, a right that cannot be ignored by a school board when the board removes books which it considers to be inappropriate either because of the ideas presented in the books or because of the local …
An At-Will Employee May Be Fired Despite Motives Which Violate State Public Policy., Kelsey Menzel
An At-Will Employee May Be Fired Despite Motives Which Violate State Public Policy., Kelsey Menzel
St. Mary's Law Journal
Scholars generally agree children possess fewer rights than adults under the Constitution. Moreover, the school, as a restricted environment, places additional constraints on the constitutional rights of minors. In recent years, however, the Supreme Court extended to minor students the rights of equal protection and civil due process. In Tinker v. Des Moines Independent Community School District, the Court acknowledged children have First Amendment rights of self-expression in a school environment. This marked a significant change from the judiciary’s traditional reluctance to interfere in school matters. Subsequent First Amendment challenges to school board decisions have focused on library book removal. …
An Attack On Categorical Approaches To Freedom Of Speech, Pierre J. Schlag
An Attack On Categorical Approaches To Freedom Of Speech, Pierre J. Schlag
Publications
No abstract provided.
Prior Restraint Of Expression Through The Private Search Doctrine, Edward J. Eberle
Prior Restraint Of Expression Through The Private Search Doctrine, Edward J. Eberle
Law Faculty Scholarship
No abstract provided.
First Amendment And The Alien Exclusion Power - What Standard Of Review?, Nathan M. Eisler
First Amendment And The Alien Exclusion Power - What Standard Of Review?, Nathan M. Eisler
Cardozo Law Review
No abstract provided.
Cable Television Monopoly And The First Amendment, Jordan S. Stanzler
Cable Television Monopoly And The First Amendment, Jordan S. Stanzler
Cardozo Law Review
No abstract provided.
Mueller V. Allen, Lewis F. Powell Jr.
The Media In The Courtroom: Attending, Reporting, Televising Criminal Cases, Paul Marcus
The Media In The Courtroom: Attending, Reporting, Televising Criminal Cases, Paul Marcus
Indiana Law Journal
No abstract provided.
Civil Liberties: Adherence To Established Principles, Ivan E. Bodensteiner, Rosalie Levinson
Civil Liberties: Adherence To Established Principles, Ivan E. Bodensteiner, Rosalie Levinson
Law Faculty Publications
No abstract provided.
The First Amendment And "Scalping" By A Financial Columnist: May A Newspaper Article Be Commercial Speech?, Bruce A. Kohn
The First Amendment And "Scalping" By A Financial Columnist: May A Newspaper Article Be Commercial Speech?, Bruce A. Kohn
Indiana Law Journal
No abstract provided.
National Security Interests Vs. The First Amendment: Haig V. Agee, Joan R. M. Bullock
National Security Interests Vs. The First Amendment: Haig V. Agee, Joan R. M. Bullock
Journal Publications
In Haig v. Agee, the United States Supreme Court held that the Secretary of State has the authority to revoke a passport when the bearer's activities abroad "are causing or are likely to cause serious damage to the national security or the foreign policy of the United States." This note will examine the implications of Agee as a standard in resolving conflicts between national security and first amendment rights of the individual.
Metromedia, Inc. V. City Of San Diego: A Bifurcated Approach To Billboard Regulation And The First Amendment, Eric L. Rosedale
Metromedia, Inc. V. City Of San Diego: A Bifurcated Approach To Billboard Regulation And The First Amendment, Eric L. Rosedale
Cardozo Law Review
No abstract provided.
Overbreadth, Henry Paul Monaghan
Overbreadth, Henry Paul Monaghan
Faculty Scholarship
The concern in constitutional law with "overbreadth" is generally understood to denote a conscious departure from conventional standing concepts in free-expression cases. Assertedly justified by the special vulnerability of protected expression to impermissible deterrence, overbreadth doctrine invites litigants to attack the facial validity of rules which burden expressive interests. A litigant whose expression is admittedly within the constitutionally valid applications of a statute is permitted to assert the statute's potentially invalid applications with respect to other persons not before the court and with whom the litigant stands in no special relationship. Judicial focus is not on the protected character, vel …
National Association For The Advancement Of Colored People V. Claiborne Hardware Company, Lewis F. Powell, Jr.
National Association For The Advancement Of Colored People V. Claiborne Hardware Company, Lewis F. Powell, Jr.
Supreme Court Case Files
No abstract provided.
Globe Newspaper Co. V. Superior Court For The County Of Norfolk, Lewis F. Powell Jr.
Globe Newspaper Co. V. Superior Court For The County Of Norfolk, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Investment Company Advertising, Tamar Frankel
Investment Company Advertising, Tamar Frankel
Faculty Scholarship
SEC Regulation has changed from specific guidelines for advertisers to a general antifraud provision. Despite greater latitude, conflicts may arise between the commission's regulation and first amendment protection of commercial speech.
Snepp V. United States: The Cia Secrecy Agreement And The First Amendment, Diane Orentlicher
Snepp V. United States: The Cia Secrecy Agreement And The First Amendment, Diane Orentlicher
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Grassroots Lobbying And The Public's Right To Hear: First Amendment Implications Of I.R.C. Section 162(E)(2)(B), Robert W. Cleveland
Grassroots Lobbying And The Public's Right To Hear: First Amendment Implications Of I.R.C. Section 162(E)(2)(B), Robert W. Cleveland
Cardozo Law Review
No abstract provided.
Branti V. Finkel: A Fresh Look At The Spoils System, Diane E. Ward
Branti V. Finkel: A Fresh Look At The Spoils System, Diane E. Ward
Northern Illinois University Law Review
This note focuses on the role of the first amendment in patronage dismissals and analyzes the implications of the Court's modification of the Elrod decision. It will focus on two aspects of the Branti decision. First, the role of the first amendment and its applicability to patronage dismissals will be examined. Second, the Court's modification of the Elrod decision will be analyzed in light of the new standard adopted by the Court.
The Right To Scrutinize Government: Toward A First Amendment Theory Of Accountability, Anthony Lewis
The Right To Scrutinize Government: Toward A First Amendment Theory Of Accountability, Anthony Lewis
University of Miami Law Review
The speaker eschews the view that the press enjoys a "preferred position" under the first amendment and aligns his beliefs with the view of Alexander Meiklejohn-an informed public is necessary for the success of a self-governing democracy. Mr. Lewis analyzes case law and concludes that the Court should cautiously "develop the principle of public accountability as a fundamental premise of the first amendment," guaranteeing a limited right of acquiring information to scrutinize government.
Commentary: The Limited Utility Of The First Amendment As A Means Of Securing Access By The Press And The Public To Proceedings In Criminal Cases, Edward L. Barrett Jr.
Commentary: The Limited Utility Of The First Amendment As A Means Of Securing Access By The Press And The Public To Proceedings In Criminal Cases, Edward L. Barrett Jr.
University of Miami Law Review
The author examines the models proposed in Gannett Co. v. DePasquale to provide constitutional protection of a public interest in access to judicial proceedings without impairing the interest of the defendant in a fair trial. Whether based on the first amendment or the sixth amendment, a constitutional approach requiring an immediate and delicate balancing of those interests by the trial court would be, in the author's view, unsatisfactory and unworkable. In the alternative, he suggests that legislative rather than judicial balancing may provide a more practical solution.
Note: Richmond Newspapers, Inc. V. Virginia: A Demarcation Of Access, Dennis Scholl
Note: Richmond Newspapers, Inc. V. Virginia: A Demarcation Of Access, Dennis Scholl
University of Miami Law Review
Several months after this symposium, the Supreme Court announced its decision in Richmond Newspapers, Inc. v. Virginia, holding that the Constitution implicitly guarantees the right of the public to attend a criminal trial, which a court must keep open to the public, absent an express finding of an overriding interest. This note explores the numerous opinions in Richmond Newspapers to determine whether that case has expanded access rights since the recent decision in Gannett Co. v. DePasquale. The author reconciles the two decisions and concludes that the issues raised in the symposium remain vital.
The First Amendment And The Press, Irwin P. Stotzky
The First Amendment And The Press, Irwin P. Stotzky
University of Miami Law Review
No abstract provided.
Press Rights And Government Power To Structure The Press, C. Edwin Baker
Press Rights And Government Power To Structure The Press, C. Edwin Baker
University of Miami Law Review
First, Professor Baker explores an instrumentalist argument for special press rights going beyond those protected by a liberty theory of freedom of speech. Then, in Part II, he examines the threats of -government power and private economic power to freedom of the "press" and considers the permissible extent of government intervention to structure the press or to protect it from private threats.