Law Commons^™

Kleindienst V. Mandel, Lewis F. Powell Jr

Supreme Court Case Files

No abstract provided.

Healy V. James, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.

Neutral Principles And Some First Amendment Problems, Robert H. Bork

Indiana Law Journal

The text of this article was delivered in the Spring of 1971 by Professor Bork at the Indiana University School of Law as part of the Addison C. Harriss lecture series.

The Constitutional Rights Of Public School Pupils, Richard Gyory

Fordham Law Review

No abstract provided.

Constitutional Law--Freedom Of Speech--All Possible Grounds For A Verdict Must Be Constitutionally Valid, Richard J. Paul

South Carolina Law Review

No abstract provided.

The Newsman's Privilege And The Constitution, David G. Jennings

South Carolina Law Review

No abstract provided.

Case Notes

Fordham Law Review

No abstract provided.

Beyond The Verge Of Religious Establishment: The Sunday Closing Laws, Emmett N. Young

LLM Theses and Essays

This LL.M. thesis argues that state Sunday closing laws, commonly known as "blue laws," violate the First Amendment, advancing beyond the permissible "verge" of state power identified in Everson v. Board of Education . The work analyzes four landmark 1961 Supreme Court decisions — McGowan v. Maryland , Two Guys from Harrison-Allentown, Inc. v. McGinley , Braunfeld v. Brown, and Gallagher v. Crown Kosher Super Market — in which the Court upheld Sunday laws as valid civil regulations. Tracing their history from medieval England to modern America, the thesis contends that the purported secularization of such statutes through legislative exceptions …

The Military Courts And Servicemen's First Amendment Rights, Edward F. Sherman

Articles by Maurer Faculty

No abstract provided.

Welsh Reaffirms Seeger: From A Remarkable Feat Of Judicial Surgery To A Lobotomy, Theodore F. Denno

Indiana Law Journal

No abstract provided.

Case Notes

Fordham Law Review

No abstract provided.

Political Rights Of Government Employees, Donald H. Buckley

Cleveland State Law Review

There are nearly three million federal employees, of whom 50.8 percent are professional, technical or administrative personnel. These federal employees and those individuals employed by a state or local agency whose principal employment is in connection with an activity which is financed in whole or in part by loans or grants made by the United States or a federal agency are subject to the United States Civil Service Commission rules regulating political activity. Under Civil Service rules, individuals may be removed from their employment for doing what every other American may consider a constitutionally protected right; namely, participating actively in …

First Amendment "Due Process", Henry Paul Monaghan

Faculty Scholarship

A number of recent Supreme Court opinions, primarily in the obscenity area, have fastened strict procedural requirements on governmental action aimed at controlling the exercise of first amendment rights. Professor Monaghan believes that there are two basic principles that can be distilled from these cases: that a judicial body, following an adversary hearing, must decide on the protected character of the speech, and that the judicial determination must either precede or immediately follow any governmental action which restricts speech. The author argues that these two broad principles should limit any governmental activity which affects freedom of speech, no matter how …

School Board Authority And The Right Of Public School Teachers To Negotiate--A Legal Analysis, Reynolds C. Seitz

Vanderbilt Law Review

Realistically, the hurdle erected at one time by some courts, and legislative bodies to prevent public employees from joining employee organizations, including unions, no longer exists. Today it seems certain that the first amendment, through its protection of freedom to assemble, insures the right to join an employee organization. The issue with which this article deals still remains: whether there is an infringement on the legislative power of the school board if it is required to negotiate with teachers through representatives of their choosing.

The issue with which this article deals still remains: whether there is an infringement on the …

Constitutional Law--Freedom Of Religion--Limitation On Civil Courts In Intra-Church Property Disputes, Marvin Quattlebaum

South Carolina Law Review

No abstract provided.

Torts-Limitations On The Rights Of Privacy-Privilege To Report Matters Of Public Interest, James B. Richardson Jr.

South Carolina Law Review

No abstract provided.

Unconstitutional Conditions Upon Public Employment: New Departures In The Protection Of First Amendment Rights, Harold H. Bruff

Publications

No abstract provided.

Religious Freedom And The Church-State Relationship In Maryland, Kenneth Lasson

All Faculty Scholarship

Maryland holds the unique and admirable distinction of having been the State whose early history most directly ensured, and whose citizenry was most directly affected by, the first amendment's grant of religious liberty. The Supreme Court's docket is still liberally sprinkled with petitions calling for renewed interpretation of the establishment clause, and Marylanders will soon vote upon a proposed new state constitution with a similar provision - hence, the opportuneness for tracing Maryland's contribution to the cause of toleration and to the principle of church-state separation.

The scope of this article will not extend beyond a sketch of the important …

Case Notes

Fordham Law Review

No abstract provided.

Case Notes

Fordham Law Review

No abstract provided.

Case Notes

Fordham Law Review

No abstract provided.

Expanding Liberties: Freedom's Gains In Postwar America, By Milton R. Konvitz, Gary S. Goodpaster

Indiana Law Journal

No abstract provided.

Federal Aid To Church Affiliated Colleges And Universities: Breaching The Wall, H. Spencer King

South Carolina Law Review

No abstract provided.

Privacy And The First Amendment, Isidore Silver

Fordham Law Review

No abstract provided.

The Elementary And Secondary Education Act Of 1965 And The First Amendment

Indiana Law Journal

No abstract provided.

Race Defamation And The First Amendment

Fordham Law Review

No abstract provided.

Obscenity, 1966: The Marriage Of Obscenity Per Se And Obscenity Per Quod, Henry Paul Monaghan

Faculty Scholarship

In a widely admired article, Harry Kalven argued that the New York Times case embodies the "central meaning" of the First Amendment. On his view, in a free, open society, maximum protection must be accorded to "political" speech. He concluded that the right freely to criticize the government must lie at the center of any adequate theory of the First Amendment.

It is not so easy to make a comparable claim about the relationship between obscenity and the First Amendment. The Supreme Court's conception of obscenity is partially responsible. While the Court in Roth v. United States (1957) explicitly barred …

Chief Justice Waite And The "Twin Relic": Reynolds V. United States, C. Peter Magrath

Vanderbilt Law Review

In the landmark case of Reynolds v. United States, the United States Supreme Court held that a general law prohibiting polygamy did not abridge the religious freedom of members of the Mormon faith guaranteed by the first amendment. The author here explores the background of Chief Justice Waite's opinion in Reynolds v. United States: the tenets and development of the Mormon faith in the United States, the character of the Waite Court, and the sources and development of Chief Justice Waite's opinion in the case.

The Meaning Of "Religion" In The School Prayer Cases, Charles E. Rice

Journal Articles

It is not my purpose here to discuss the possible extensions of the school prayer decisions. Rather, I am concerned only with the thought that the unqualified incorporation of the broad definition of religion into the establishment clause is perhaps the root fallacy in the Court's reasoning. In order to avoid an institutionalization of agnosticism as the official public religion of this country, the Court ought to acknowledge that nontheistic religions are not entitled to such unqualified recognition under the establishment clause as to bar even a simple governmental affirmation that in fact the Declaration of Independence is true when …

Constitutional Law, D. W. Robinson Ii

South Carolina Law Review

No abstract provided.