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First Amendment

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Articles 2791 - 2820 of 3422

Full-Text Articles in Constitutional Law

Black And White Images, John H. Garvey Jan 1993

Black And White Images, John H. Garvey

Scholarly Articles

In 1989 the National Endowment for the Arts (the "NEA") caused a stir by funding two exhibitions of photographs by Robert Mapplethorpe and Andres Serrano. The pictures were vulgar and irreverent, and many people thought that the NEA should not sponsor them with tax money. Whether the NEA can actually control the content of speech that it pays for is a hard First Amendment question. I want to look at how Congress has tried to answer it. Congress seriously considered two solutions, and adopted one of them in 1990. Both rely on analogies drawn from the area of race relations. …


R.A.V. V. St. Paul: The Debate Over The Constitutionality Of Hate Crime Laws Ends; Or Is This Just The Beginning, Joseph E. Starkey Jr. Jan 1993

R.A.V. V. St. Paul: The Debate Over The Constitutionality Of Hate Crime Laws Ends; Or Is This Just The Beginning, Joseph E. Starkey Jr.

West Virginia Law Review

No abstract provided.


Federalism, The Commerce Clause, And Equal Protection, Leon Friedman Jan 1993

Federalism, The Commerce Clause, And Equal Protection, Leon Friedman

Touro Law Review

No abstract provided.


The Importance Of A Contextual Approach To Libel Law: The Impact Of Immuno Ag. V. Moor-Jankowski And Milkovich V. Lorain Journal Co., Margaret Chan Jan 1993

The Importance Of A Contextual Approach To Libel Law: The Impact Of Immuno Ag. V. Moor-Jankowski And Milkovich V. Lorain Journal Co., Margaret Chan

Touro Law Review

No abstract provided.


Cover Your Ears, John H. Garvey Jan 1993

Cover Your Ears, John H. Garvey

Scholarly Articles

Lee v. Weisman holds that public schools cannot offer prayers at graduation ceremonies. It has another curious implication: according to George Dent, it also means that public schools must excuse religious dissenters from offensive parts of the currculum. I think this is an astute observation. The issues are not alike doctrinally Weisman is an Establishment Clause case; the curriculum cases are Free Exercise cases. But the schools cause similar harms in both cases; they do so mostly by exposing children to unwelcome ideas. Why is this so upsetting? Why object to hearing people talk? I want to make three observations: …


Constitutional Law - Third Circuit Sets Forth Balancing Test For Evaluating Jus Terth Standing In First Amendment Context, Michael A. Frattone Jan 1993

Constitutional Law - Third Circuit Sets Forth Balancing Test For Evaluating Jus Terth Standing In First Amendment Context, Michael A. Frattone

Villanova Law Review (1956 - )

No abstract provided.


Foreword: Religious Participation In Public Debate, Matthew Steffey Jan 1993

Foreword: Religious Participation In Public Debate, Matthew Steffey

Journal Articles

No abstract provided.


Back From The Brink, Joel M. Gora Jan 1993

Back From The Brink, Joel M. Gora

Touro Law Review

No abstract provided.


There Goes The Neighborhood: The Evolution Of "Family" In Local Zoning Ordinances, William Graham Jan 1993

There Goes The Neighborhood: The Evolution Of "Family" In Local Zoning Ordinances, William Graham

Touro Law Review

No abstract provided.


Freedom Of Speech And Press Jan 1993

Freedom Of Speech And Press

Touro Law Review

No abstract provided.


Freedom Of Speech And Press Jan 1993

Freedom Of Speech And Press

Touro Law Review

No abstract provided.


How To Do Things With The First Amendment, Pierre Schlag Jan 1993

How To Do Things With The First Amendment, Pierre Schlag

Publications

No abstract provided.


Freedom Of Speech And Press Jan 1993

Freedom Of Speech And Press

Touro Law Review

No abstract provided.


Lemon Lives, Daniel O. Conkle Jan 1993

Lemon Lives, Daniel O. Conkle

Articles by Maurer Faculty

This article responds to an article by Professor Michael Stokes Paulsen, entitled "Lemon Is Dead," in which Paulsen interprets the Supreme Court's decision in Lee v. Weisman to repudiate the Establishment Clause test of Lemon v. Kurtzman and to replace it with a test that limits the Clause to cases involving direct or indirect coercion. The article disputes Paulsen's interpretation of Weisman, and it also disputes his normative argument in support of the coercion approach. It contends that Lemon survives Weisman, and that Lemon's multi-faceted and context-specific approach, however vague, is preferable to a test that focuses exclusively on the …


Harm, Morality, And Feminist Religion: Canada's New -- But Not So New -- Approach To Obscenity, Daniel O. Conkle Jan 1993

Harm, Morality, And Feminist Religion: Canada's New -- But Not So New -- Approach To Obscenity, Daniel O. Conkle

Articles by Maurer Faculty

No abstract provided.


Public Funds, Private Schools, And The Court: Legal Issues And Policy Consequences, Michael Heise Jan 1993

Public Funds, Private Schools, And The Court: Legal Issues And Policy Consequences, Michael Heise

Cornell Law Faculty Publications

No abstract provided.


Triangulating The Boundaries Of The Pentagon Papers, John Cary Sims Jan 1993

Triangulating The Boundaries Of The Pentagon Papers, John Cary Sims

McGeorge School of Law Scholarly Articles

No abstract provided.


Girls Lean Back Everywhere: The Law Of Obscenity And The Assault On Genius, Chapter 30, Edward De Grazia Jan 1993

Girls Lean Back Everywhere: The Law Of Obscenity And The Assault On Genius, Chapter 30, Edward De Grazia

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Report Of The Coalition For A New America: Platform Section On Communications Policy, Rodney A. Smolla Jan 1993

Report Of The Coalition For A New America: Platform Section On Communications Policy, Rodney A. Smolla

Faculty Publications

No abstract provided.


Silence And The Word, Paul Campos Jan 1993

Silence And The Word, Paul Campos

Publications

No abstract provided.


Advocacy And Scholarship, Paul F. Campos Jan 1993

Advocacy And Scholarship, Paul F. Campos

Publications

The apex of American legal thought is embodied in two types of writings: the federal appellate opinion and the law review article. In this Article, the author criticizes the whole enterprise of doctrinal constitutional law scholarship, using a recent U.S. Supreme Court case and a Harvard Law Review article as quintessential examples of the dominant genre. In a rhetorical tour de force, the author argues that most of modern constitutional scholarship is really advocacy in the guise of scholarship. Such an approach to legal scholarship may have some merit as a strategic move towards a political end; however, it has …


Progressive Free Speech And The Uneasy Case For Campus Hate Codes, Robert F. Nagel Jan 1993

Progressive Free Speech And The Uneasy Case For Campus Hate Codes, Robert F. Nagel

Publications

No abstract provided.


Girls Should Bring Lawsuits Everywhere . . . Nothing Will Be Corrupted: Pornography As Speech And Product, Marianne Wesson Jan 1993

Girls Should Bring Lawsuits Everywhere . . . Nothing Will Be Corrupted: Pornography As Speech And Product, Marianne Wesson

Publications

No abstract provided.


Information, Imagery, And The First Amendment: A Case For Expansive Protection Of Commercial Speech, Rodney A. Smolla Jan 1993

Information, Imagery, And The First Amendment: A Case For Expansive Protection Of Commercial Speech, Rodney A. Smolla

Faculty Publications

No abstract provided.


Constitutional Identity, George P. Fletcher Jan 1993

Constitutional Identity, George P. Fletcher

Cardozo Law Review

No abstract provided.


Toward A First Amendment Jurisprudence Of Respect: A Comment On George Fletcher’S Constitutional Identity, Robin West Jan 1993

Toward A First Amendment Jurisprudence Of Respect: A Comment On George Fletcher’S Constitutional Identity, Robin West

Cardozo Law Review

No abstract provided.


Rhetorical Resonance And Constitutional Vision, W. Cole Durham Jr. Jan 1993

Rhetorical Resonance And Constitutional Vision, W. Cole Durham Jr.

Cardozo Law Review

No abstract provided.


Freedom Of Speech For Libraries And Librarians, Rodney A. Smolla Jan 1993

Freedom Of Speech For Libraries And Librarians, Rodney A. Smolla

Faculty Publications

Noting the recent bicentennial of the First Amendment to the United States Constitution, Professor Smolla considers the role of librarians in opposing censorship. He proposes a new principle of "professionalism" to establish the librarian's role, and discusses the principle in light of the Supreme Court's decision in Board of Education v. Pico.


Modern Technology And The Conflict Between Copyright And Free Speech: The Application Of Copyright Law To Television Newscasts, James A. Wells Sep 1992

Modern Technology And The Conflict Between Copyright And Free Speech: The Application Of Copyright Law To Television Newscasts, James A. Wells

West Virginia Law Review

No abstract provided.


Section 4: Moot Court: Church Of The Lukumi Babulu Aye V. City Of Hialeah, Institute Of Bill Of Rights Law, William & Mary Law School Sep 1992

Section 4: Moot Court: Church Of The Lukumi Babulu Aye V. City Of Hialeah, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.