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Articles 1 - 16 of 16

Full-Text Articles in Law

The Questioning Attitude: Questions About Derrida, Martin J. Stone Nov 2006

The Questioning Attitude: Questions About Derrida, Martin J. Stone

Articles

No abstract provided.


Religious Expression And Symbolism In The American Constitutional Tradition: Government Neutrality, But Not Indifference, Daniel O. Conkle Jul 2006

Religious Expression And Symbolism In The American Constitutional Tradition: Government Neutrality, But Not Indifference, Daniel O. Conkle

Indiana Journal of Global Legal Studies

In this article, I describe and analyze three principles of First Amendment doctrine. First, the Establishment Clause generally forbids governmental expression that has the purpose or effect of promoting or endorsing religion. Second, and conversely, private religious expression is broadly defined and is strongly protected by the Free Speech Clause. Third, as an implicit exception to the first principle, the government itself is sometimes permitted to engage in expression that seemingly does promote and endorse religion, but only when the expression is noncoercive, nonsectarian, and embedded within (or at least in harmony with) longstanding historical tradition. Comparing these three principles …


"Lewd And Immoral": Nude Dancing, Sexual Expression, And The First Amendment, Kevin Case Jun 2006

"Lewd And Immoral": Nude Dancing, Sexual Expression, And The First Amendment, Kevin Case

Chicago-Kent Law Review

Nude dancing is a particularly awkward fit with the First Amendment. Should the Constitution protect this kind of "speech?" The question has vexed the Supreme Court. While most of the Court has agreed that nude dancing falls within the First Amendment, plurality opinions relegate nude dancing to the "outer ambit" of shielded speech, setting forth confusing and ultimately unsustainable legal tests.

This Note contends that nude dancing can convey powerful and particularized erotic messages of sexual desire, availability, and appreciation of the nude female form. It is not mere "conduct." Moreover, arguments for categorizing nude dancing as "low value" speech, …


The Clear And Present Danger Test In Anglo-American And European Law, David G. Barnum May 2006

The Clear And Present Danger Test In Anglo-American And European Law, David G. Barnum

San Diego International Law Journal

This Article will examine the role that the danger test has played in the decisions of American courts and, more recently, in the decisions of British courts and the enforcement organs of the European Convention. Part I will briefly trace the immediate Anglo-American constitutional background from which the danger test emerged. It particular, it will examine the way in which the common law offense of seditious libel was defined by British judges and judicial commentators in the late nineteenth century. Part II will focus on the evolution in American law of judicial attempts to articulate both a "content-based" and an …


Content-Based And Content-Neutral Regulation Of Speech: The Limitations Of A Common Distinction, R. George Wright Apr 2006

Content-Based And Content-Neutral Regulation Of Speech: The Limitations Of A Common Distinction, R. George Wright

University of Miami Law Review

No abstract provided.


First Amendment Protection Of Teacher Instructional Speech, Walter E. Kuhn Mar 2006

First Amendment Protection Of Teacher Instructional Speech, Walter E. Kuhn

Duke Law Journal

No abstract provided.


Law Of Assembly In The People's Republic Of China, Kam C. Wong Mar 2006

Law Of Assembly In The People's Republic Of China, Kam C. Wong

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


On Boy Scouts And Anti-Discrimination Law: The Associational Rights Of Quasi-Religious Organizations, Erez Reuveni Jan 2006

On Boy Scouts And Anti-Discrimination Law: The Associational Rights Of Quasi-Religious Organizations, Erez Reuveni

Erez Reuveni

This paper proposes a tripartite legal approach to analyzing the rights of private, expressive associations. Current law views private associations through a binary lens - either an organization is "religious," or it is "secular." But this dichotomy fails to account for organizations whose animating expressive purpose is both religious and secular. Using the Boy Scouts of America as a case study, this paper develops a third category of private associations, quasi-religious groups, and articulates why the category is necessary and how quasi-religious groups would fit within existing First Amendment jurisprudence. First, the article reviews numerous cases involving the Boy Scouts …


Speech Of Government Employees, Ann C. Hodges Jan 2006

Speech Of Government Employees, Ann C. Hodges

Law Faculty Publications

For many years, government employment was considered a privilege rather than a right, and, as a result, the government could place restrictions on employee speech that would be unconstitutional if applied to citizens.


Matters Of Public Concern Standard In Free Speech Cases, Ann C. Hodges Jan 2006

Matters Of Public Concern Standard In Free Speech Cases, Ann C. Hodges

Law Faculty Publications

The public concern standard has operated primarily in two categories of free-speech cases: those involving speech by government employees and those involving defamation.


Hostile Environment Sexual Harassment & First Amendment Content-Neutrality: Putting The Supreme Court On The Right Path, Peter Caldwell Jan 2006

Hostile Environment Sexual Harassment & First Amendment Content-Neutrality: Putting The Supreme Court On The Right Path, Peter Caldwell

Hofstra Labor & Employment Law Journal

No abstract provided.


Religion, Speech, And The Minnesota Constitution: State-Based Protections Amid First Amendment Instabilities, Steven P. Aggergaard Jan 2006

Religion, Speech, And The Minnesota Constitution: State-Based Protections Amid First Amendment Instabilities, Steven P. Aggergaard

William Mitchell Law Review

No abstract provided.


First Amendment Rights Behind Bars: To Deny A Prisoner Pornography, The Third Circuit In Ramirez V. Pugh Requires Proof Of Detriment To Rehabilitation, Victoria Ford Jan 2006

First Amendment Rights Behind Bars: To Deny A Prisoner Pornography, The Third Circuit In Ramirez V. Pugh Requires Proof Of Detriment To Rehabilitation, Victoria Ford

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Preservation Of First Amendment Rights: Finding The Proper Balance Between Expression And Exploitation In Works Of Art, Cecilia Chung Jan 2006

Preservation Of First Amendment Rights: Finding The Proper Balance Between Expression And Exploitation In Works Of Art, Cecilia Chung

Santa Clara Law Review

No abstract provided.


Out Of Thin Air: Using First Amendment Public Forum Analysis To Redeem American Broadcasting Regulation, Anthony E. Varona Jan 2006

Out Of Thin Air: Using First Amendment Public Forum Analysis To Redeem American Broadcasting Regulation, Anthony E. Varona

Articles

American television and radio broadcasters are uniquely privileged among Federal Communications Commission (FCC) licensees. Exalted as public trustees by the 1934 Communications Act, broadcasters pay virtually nothing for the use of their channels of public radiofrequency spectrum, unlike many other FCC licensees who have paid billions of dollars for similar digital spectrum. Congress envisioned a social contract of sorts between broadcast licensees and the communities they served. In exchange for their free licenses, broadcast stations were charged with providing a platform for a "free marketplace of ideas" that would cultivate a democratically engaged and enlightened citizenry through the broadcasting of …


Weak-Form Judicial Review And "Core" Civil Liberties, Mark V. Tushnet Jan 2006

Weak-Form Judicial Review And "Core" Civil Liberties, Mark V. Tushnet

Georgetown Law Faculty Publications and Other Works

In this Essay, I want to unearth some subordinated strands in the Rehnquist Court's free speech jurisprudence. For example, the Rehnquist Court allowed Congress to regulate campaign finance in ways subject to credible First Amendment objections, and to impose obligations on cable television systems that would almost certainly be unconstitutional were they imposed on newspapers. These decisions, I suggest, do not rest simply on the kind of deference to legislative judgment that fits comfortably into a system of strong-form review. Rather, they represent what I call a managerial model of the First Amendment, which accords legislatures a large role in …