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Articles 1 - 16 of 16
Full-Text Articles in Law
The Death Of A Princess Cases: Television Programming By State-Owned Public Broadcasters And Viewers' First Amendment Rights, Jonathan Goodman
The Death Of A Princess Cases: Television Programming By State-Owned Public Broadcasters And Viewers' First Amendment Rights, Jonathan Goodman
University of Miami Law Review
The United States Court of Appeals for the Fifth Circuit consolidated and reheard en banc two cases in which stateowned public television stations cancelled scheduled broadcasts because of the program's content. After examining the first amendment issues that arise when the government exercises editorial discretion in selecting programs, the author concludes that the Fifth Circuit's opinion does not sufficiently protect viewers' interests.
Protecting The Free Speech Rights Of Insurgent Teachers' Unions: Evaluating The Constitutionality Of Exclusive Access To School Communications Facilities, Stephen E. Woodbury
Protecting The Free Speech Rights Of Insurgent Teachers' Unions: Evaluating The Constitutionality Of Exclusive Access To School Communications Facilities, Stephen E. Woodbury
University of Michigan Journal of Law Reform
Part I examines the traditional and limited public forum doctrines designed to guarantee speakers a right of access to public places, and finds these theories inadequate in the school union setting. Part II explores a recent addition to the free speech/equal protection analysis: the content neutrality doctrine. This doctrine mandates that when a school board allows one union to express its viewpoints, a duty is created to provide equivalent access to all unions, absent a compelling state interest. Part III reviews several justifications for limiting non-EBA access, and finds most of them without merit and none of them adequate to …
The Skokie Legacy: Reflections On An "Easy Case" And Free Speech Theory, Lee C. Bollinger
The Skokie Legacy: Reflections On An "Easy Case" And Free Speech Theory, Lee C. Bollinger
Michigan Law Review
A Review of Defending My Enemy: American Nazis, the Skokie Case, and the Risks of Freedom by Aryeh Neier
Regulating Pornography: Recent Legal Trends, Alan C. Weinstein
Regulating Pornography: Recent Legal Trends, Alan C. Weinstein
Law Faculty Articles and Essays
Since the Supreme Court's 1976 decision in Young v. American Mini Theaters, Inc., 427 U.S. 50 (1976) local governments have been permitted to single out adult bookstores and theaters for special regulatory treatment.' In the wake of Young, many municipalities enacted "pornography zoning" ordinances based on the Detroit dispersion model. Observing this trend in 1978, the Harvard Law Review noted that these municipalities were interpreting Young as approving pornography zoning as constitutionally acceptable "in nearly all circumstances." 2 This interpretation seemed incorrect, however, to the Review's editors: "Detroit's pornography zoning was found to satisfy three established First Amendment criteria; future …
Transnational Freedom Of Speech: Legal Aspects Of The Helsinki Final Act, Jordan J. Paust
Transnational Freedom Of Speech: Legal Aspects Of The Helsinki Final Act, Jordan J. Paust
Law and Contemporary Problems
No abstract provided.
Freedom Of Speech In North Carolina Prior To Gitlow V. New York, With A Forward Glance Thereafter, The Hon. Harry C. Martin
Freedom Of Speech In North Carolina Prior To Gitlow V. New York, With A Forward Glance Thereafter, The Hon. Harry C. Martin
Campbell Law Review
The primary purpose of this article is to review the concept of freedom of speech in North Carolina prior to Gitlow v. New York. Gitlow, of course, held the first amendment right of freedom of speech in the United States Constitution was applicable to the states through the vehicle of the fourteenth amendment. Prior to 1 July 1971, neither the fundamental laws of North Carolina nor any provision in its constitution guaranteed freedom of speech. Therefore, to some extent the question is whether freedom of speech was recognized by the courts of North Carolina prior to Gitlow and, if so, …
Law And Aesthetics: A Critique And A Reformulation Of The Dilemmas, John Costonis
Law And Aesthetics: A Critique And A Reformulation Of The Dilemmas, John Costonis
Journal Articles
No abstract provided.
The Free Speech Metamorphosis Of Mr. Justice Holmes, David S. Bogen
The Free Speech Metamorphosis Of Mr. Justice Holmes, David S. Bogen
Faculty Scholarship
No abstract provided.
Constitutional Rights Of Noncommercial Boycotters: A Delicate Balance, Laurence Paskowitz
Constitutional Rights Of Noncommercial Boycotters: A Delicate Balance, Laurence Paskowitz
Hofstra Law Review
No abstract provided.
The Free Speech Metamorphosis Of Mr. Justice Holmes, David S. Bogen
The Free Speech Metamorphosis Of Mr. Justice Holmes, David S. Bogen
Hofstra Law Review
No abstract provided.
Toward A Better Understanding Of The Prior Restraint Doctrine: A Reply To Professor Mayton, Howard O. Hunter
Toward A Better Understanding Of The Prior Restraint Doctrine: A Reply To Professor Mayton, Howard O. Hunter
Cornell Law Review
No abstract provided.
Toward A Theory Of First Amendment Process: Injunctions Of Speech Subsequent Punishment And The Costs Of The Prior Restraint Doctrine, William T. Mayton
Toward A Theory Of First Amendment Process: Injunctions Of Speech Subsequent Punishment And The Costs Of The Prior Restraint Doctrine, William T. Mayton
Cornell Law Review
No abstract provided.
Free Speech Or Economic Weapon? The Persisting Problem Of Picketing, Theodore J. St. Antoine
Free Speech Or Economic Weapon? The Persisting Problem Of Picketing, Theodore J. St. Antoine
Articles
"Peaceful picketing," the United States Supreme Court has said, "is the workingman's means of communication."' One line of analysis is that, as a means of communication, picketing is free speech and is therefore entitled to every constitutional protection afforded other forms of expression. This means that it cannot be subjected to special restrictions, such as antiboycott curbs, simply because it is picketing. The opposing line of analysis is that picketing is not simply speech; it is "speech plus." The "plus" element removes picketing from the realm of pure speech and enables it to be regulated in ways that the Constitution …
The Right Of Publicity Vs. The First Amendment: Reconciling The Conflict Between A Proprietary Interest Of The Plaintiff And The Constitutional Guarantee Of Free Speech, Ganesh Bala
Villanova Law Review
No abstract provided.
A Graphic Review Of The Free Speech Clause, William W. Van Alstyne
A Graphic Review Of The Free Speech Clause, William W. Van Alstyne
Faculty Scholarship
This work acts as a spring board for the study of the Free Speech Clause of the First Amendment. It builds useful graphical representations of complex constitutional theories from the ground up, allowing students to follow both development and the application of these theories.
The Skokie Legacy: Reflections On An "Easy Case" And Free Speech Theory, Lee C. Bollinger
The Skokie Legacy: Reflections On An "Easy Case" And Free Speech Theory, Lee C. Bollinger
Faculty Scholarship
Few legal disputes in the last decade captured public attention with such dramatic force as that involving a small band of Nazis and the village of Skokie. For well over a year, the case was seldom out of the news and often thought to merit front page coverage. It all began in the spring of 1977 when Frank Collin, the leader of the Chicago-based National Socialist Party of America, requested a permit to march in front of the Skokie village hall. The community, with a Jewish population of over 40,000, several thousand of whom had survived the Holocaust, mobilized all …