Constitutional Law Commons^™

A Constitutional Right Of Religious Exemption: An Historical Perspective, Philip A. Hamburger

Faculty Scholarship

Did late eighteenth-century Americans understand the Free Exercise Clause of the United States Constitution to provide individuals a right of exemption from civil laws to which they had religious objections? Claims of exemption based on the Free Exercise Clause have prompted some of the Supreme Court's most prominent free exercise decisions, and therefore this historical inquiry about a right of exemption may have implications for our constitutional jurisprudence. Even if the Court does not adopt late eighteenth-century ideas about the free exercise of religion, we may, nonetheless, find that the history of such ideas can contribute to our contemporary analysis. …

The End Of New York Times V Sullivan: Reflections On Masson V New Yorker Magazine, Lee C. Bollinger

Faculty Scholarship

Virtually every year since New York Times v Sullivan, the Supreme Court has decided at least one or two First Amendment cases involving the press. This now seemingly permanent, annual pageant of media cases undoubtedly has significance for the development of both constitutional law and the character of American journalism, though oddly that significance has been little explored in the scholarly literature. This past year the Court had two cases, both of which received an unusual amount of discussion within the press. It is, of course, understandable, even if not wholly defensible, for the press to give disproportionate coverage …

Rouge Et Noir Reread: A Popular Constitutional History Of The Angelo Herndon Case, Kendall Thomas

Faculty Scholarship

In 1932, Eugene Angelo Braxton Hemdon, a young Afro-American member of the Communist Party, U.S.A., was arrested in Atlanta and charged with an attempt to incite insurrection against that state's lawful authority. Some five years later, in Herndon v. Lowry, Herndon filed a writ of habeas corpus asking the U.S. Supreme Court to consider the constitutionality of the Georgia statute under which he had been convicted. Two weeks before his twenty-fourth birthday, the Court, voting 5-4, declared the use of the Georgia political-crimes statute against him unconstitutional on the grounds that it deprived Herndon of his rights to freedom …

Rust V. Sullivan: The Supreme Court Upholds The Title X Abortion-Counseling Gag Rule, Scott E. Johnson

West Virginia Law Review

No abstract provided.

Legacy - A Conversation With James Madison, Rodney A. Smolla

Popular Media

No abstract provided.

The Political Economy Of Congressional Social Policymaking: United States V. Eichman And Texas V. Johnson, George Steven Swan

North Carolina Central Law Review

No abstract provided.

Introduction: Exercises In The Regulation Of Hate Speech, Rodney A. Smolla

William & Mary Law Review

No abstract provided.

Racist Speech, Democracy, And The First Amendment, Robert C. Post

William & Mary Law Review

No abstract provided.

Constitutional Law: Nude Dancing And Political Speech As Protected Expression- The Scope Of The Due Process Guarantee, Rosalie Levinson

Law Faculty Publications

In a 1988 address, Chief Justice Shepard invited Indiana practitioners to reexamine the Indiana Constitution as a potentially significant source for the protection of individual liberty. Although there has been some movement in this direction in defending the rights of criminals, there has been little civil rights litigation brought under the Indiana Constitution. Therefore, this Article will explore state and federal court cases that raise significant federal constitutional issues implicating Indiana law and Indiana litigants. The most noteworthy cases during the survey period dealt with freedom of expression and the due process clause.

Does The Camel Have Its Nose In The Tent: Individual Religious Freedom V. Prayer In Public Schools, Elizabeth Brandt

Articles

No abstract provided.

Abortion Rights, Eileen Kaufman

Touro Law Review

No abstract provided.

Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman

Touro Law Review

No abstract provided.

Freedom Of Speech And The Press

Touro Law Review

No abstract provided.

Turmoil At The National Endowment For The Arts: Can Federally Funded Act Survive The "Mapplethorpe Controversy" ?, Maryellen Kresse

Buffalo Law Review

No abstract provided.

Engaging The Spectrum: Civic Virtue And The Protection Of Student Voice In School Sponsored Forums, 24 J. Marshall L. Rev. 339 (1991), Robert R. Verchick

UIC Law Review

No abstract provided.

Content Discrimination And The First Amendment, Susan H. Williams

Articles by Maurer Faculty

No abstract provided.

Freedom Of Speech And The Press

Touro Law Review

No abstract provided.

Notes: Constitutional Law — First Amendment Freedom Of Speech — Statute Prohibiting "Loud And Unseemly" Noises Is A Content-Neutral Regulation Of Protected Speech. Eanes V. State, 318 Md. 436, 569 A.2d 604 (4-3 Decision), Cert. Denied, 110 S. Ct. 3218 (1990), Richard E. Guida

University of Baltimore Law Review

No abstract provided.

The First Amendment, Burt Neuborne

Touro Law Review

No abstract provided.

Free Exercise Of Religion

Touro Law Review

No abstract provided.

Freedom Of Speech And The Press

Touro Law Review

No abstract provided.

Volitionalism And Religious Liberty, David C. Williams, Susan H. Williams

Articles by Maurer Faculty

No abstract provided.

From Widmar To Mergens: The Winding Road Of First Amendment Analysis, Rosemary C. Salomone

Faculty Publications

(Excerpt)

In 1981, the Supreme Court decided Widmar v. Vincent, holding that a state university that created a "limited open forum" by opening its facilities to student organizations must grant equal access to religiously affiliated groups. The university's failure to do so constituted content-based discrimination that violated the First Amendment to the United States Constitution. The Court rejected the university's argument that its policy to disallow religious meetings on campus was implemented to avoid contravening establishment clause principles. The Court's opinion was inconclusive as to whether the Widmar rationale would apply to secondary schools.

During the same period, Congress …

Justice Harlan And The Bill Of Rights: A Model For How A Classic Conservative Court Would Enforce The Bill Of Rights, Nadine Strossen

Articles & Chapters

No abstract provided.

Beguiled: Free Exercise Exemptions And The Siren Song Of Liberalism, Gerard V. Bradley

Journal Articles

From all the talk about our religious pluralism—how extensive, indelible, inarbitrable it is—one would expect that establishing one definition of religious liberty would be the mother of all civic disturbances. Wrong. We have a common definition of religious liberty. I can demonstrate our agreement with one exhibit: the immensely broad based denunciation of the 1990 Supreme Court decision, Employment Division v. Smith. Two counsellors at a drug rehabilitation center (Alfred Smith and Galen Black) appealed Oregon’s denial of unemployment benefits. Oregon cited the “misconduct” that led to their discharges. Their “misconduct” consisted of using the hallucinogenic drug peyote. Peyote …

A Proposal To Curb Congressional Interference With The National Endowment-For The Arts, Nancy Ravitz

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Post-Riley Era: An Analysis Of First Amendment Protection Of Charitable Fundraising, Stephen H. Block

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Eras Of The First Amendment, David S. Yassky

Elisabeth Haub School of Law Faculty Publications

Part I will begin the story with the Founders' understanding of the structural role of the First Amendment. In this understanding, the First Amendment served as a bulwark of state independence. Along with the rest of the Bill of Rights, the First Amendment had as its primary purpose maintenance of the federal system--or, more precisely, protection of the states against federal government overreaching. The Founders' plan left the individual states entirely free to regulate speech, while strictly prohibiting the federal government from displacing the states' various speech regimes.

When the Civil War dramatically reshaped the federal-state relationship, the structural purpose …

Limiting Disclosure Of Rape Victims' Identities, Paul Marcus, Tara L. Mcmahon

Faculty Publications

No abstract provided.

Sex, Lies And Videotape: The Pornographer As Censor, Marianne Wesson

Publications

The legal branch of the women's movement, although of one mind on some subjects, is divided on the proper approach to pornography. Some feminists oppose the imposition of any legal burdens on pornography because they fear that feminist speech will be caught in the general suppression, and others believe that any such burdens must violate the first amendment. Professor Wesson suggests that pornography should be defined to include only those materials that equate sexual pleasure with the infliction of violence or pain, and imply approval of conduct that generates the actor's arousal or satisfaction through this infliction. So defined, pornography …