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First Amendment

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Articles 2941 - 2970 of 3422

Full-Text Articles in Constitutional Law

Nudity, Obscenity And Pornography: The Streetcars Named Lust And Desire, George P. Smith Ii Jan 1988

Nudity, Obscenity And Pornography: The Streetcars Named Lust And Desire, George P. Smith Ii

Scholarly Articles

No abstract provided.


The Constitution, Religion, And American Public Life, Gerard V. Bradley Jan 1988

The Constitution, Religion, And American Public Life, Gerard V. Bradley

Journal Articles

From the Introduction

Even a nonspecialist familiar with all of the contiguous disciplines - religious studies, theology, all facets of American history, the history of Christianity, sociology of knowledge, even constitutional and legal history up to World War II - would never guess what American constitutional law of church and state really is. The temptation after reading the actual cases concerning church and state is to dismiss them as stupid. Church-state is the realm of "legendary inconsistencies," as one sympathetic scholar put it.

The sorriest scene in this legal wonderland is a recurring one, and plays in the public schoolroom. …


Toward A General Theory Of The Establishment Clause, Daniel O. Conkle Jan 1988

Toward A General Theory Of The Establishment Clause, Daniel O. Conkle

Articles by Maurer Faculty

No abstract provided.


Student Speech—Free Press In High Schools, Michael A. Simons Jan 1988

Student Speech—Free Press In High Schools, Michael A. Simons

Faculty Publications

(Excerpt)

Public educators in the United States are expected to pass on to their students—to inculcate in them—the shared values of their community. This communication of values is essential to the continued vitality of American culture and to the social, moral, and political education of students. Yet inculcation of community values cannot be allowed to trample students' individual liberties; public educators must strike a delicate balance between the state's educational interests and the students' rights to self-expression. Although the striking of this balance should initially be left to local educators, when value inculcation impermissibly interferes with students' constitutional rights, courts …


The Politics Of The First Amendment, Steve Bachmann Jan 1988

The Politics Of The First Amendment, Steve Bachmann

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Pope V. Illinois: The Reasonable Person As The Supreme Court's Latest Arbiter Of Obscenity, Penny E. Paul Jan 1988

Pope V. Illinois: The Reasonable Person As The Supreme Court's Latest Arbiter Of Obscenity, Penny E. Paul

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Federal Funds To Religious Groups: Where Are The First Amendment Boundaries?, Neal Devins Jan 1988

Federal Funds To Religious Groups: Where Are The First Amendment Boundaries?, Neal Devins

Faculty Publications

No abstract provided.


Propaganda, Xenophobia, And The First Amendment, Rodney A. Smolla, Stephen A. Smith Jan 1988

Propaganda, Xenophobia, And The First Amendment, Rodney A. Smolla, Stephen A. Smith

Faculty Publications

No abstract provided.


The First Amendment And The Ideal Of Civic Courage: The Brandeis Opinion In Whitney V. California, Vincent A. Blasi Jan 1988

The First Amendment And The Ideal Of Civic Courage: The Brandeis Opinion In Whitney V. California, Vincent A. Blasi

Faculty Scholarship

"[T]he working class and the employing class have nothing in common ....” So began the Preamble to the Constitution of the I.W.W., the Industrial Workers of the World. "Between these two classes a struggle must go on until the workers of the World organize as a class, take possession of the earth, and the machinery of production and abolish the wage system." Nicknamed the Wobblies, this group advocated a form of militant unionism built around the ideal of One Big Union embracing all industries. The I.W.W. enjoyed its strongest appeal among the miners, loggers, agricultural laborers, and construction workers of …


Webster V. Doe, Lewis F. Powell, Jr. Oct 1987

Webster V. Doe, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.


Constitutional Law—Freedom Of Speech And Of The Press—Officials May Censor School-Sponsored Student Speech If Censorship Has Valid Educational Purpose, Charles William Burton Oct 1987

Constitutional Law—Freedom Of Speech And Of The Press—Officials May Censor School-Sponsored Student Speech If Censorship Has Valid Educational Purpose, Charles William Burton

University of Arkansas at Little Rock Law Review

No abstract provided.


The Right To Speak, The Right To Hear, And The Right Not To Hear: The Technological Resolution To The Cable/Pornography Debate, Michael I. Meyerson Oct 1987

The Right To Speak, The Right To Hear, And The Right Not To Hear: The Technological Resolution To The Cable/Pornography Debate, Michael I. Meyerson

All Faculty Scholarship

The advent of cable television presented a new opportunity to consider the competing interests on each side of the free speech/pornography debate. This Article attempts to construct an analysis that will be consistent with Supreme Court teaching on how government, under the first amendment, may constitutionally regulate legal obscenity, particularly in the name of protecting those who wish to avoid exposure to such material.

The Article shows how, unlike earlier battles over technology and pornography, cable television presented the novel opportunity to have a technological rather than a censorial solution to this difficult problem.


Private Possession Of Child Pornography: The Tensions Between Stanley V. Georgia And New York V. Ferber, Susan G. Caughlan Oct 1987

Private Possession Of Child Pornography: The Tensions Between Stanley V. Georgia And New York V. Ferber, Susan G. Caughlan

William & Mary Law Review

No abstract provided.


The First Amendment Jurisprudence Of Judge Robert H. Bork, Michael W. Mcconnell Oct 1987

The First Amendment Jurisprudence Of Judge Robert H. Bork, Michael W. Mcconnell

Cardozo Law Review

No abstract provided.


Judge Robert H. Bork's Decisions In Which He Wrote No Opinion: An Analysis Of The Regulatory And Benefit Cases, Robert A. Anthony Oct 1987

Judge Robert H. Bork's Decisions In Which He Wrote No Opinion: An Analysis Of The Regulatory And Benefit Cases, Robert A. Anthony

Cardozo Law Review

No abstract provided.


The Press Clause Constructed In Context: The Journalists' Right Of Access To Places, Tom A. Collins Oct 1987

The Press Clause Constructed In Context: The Journalists' Right Of Access To Places, Tom A. Collins

Faculty Publications

No abstract provided.


A Discussion Of The Movement To Desecularize Public Education, Deborah L. Mchenry Sep 1987

A Discussion Of The Movement To Desecularize Public Education, Deborah L. Mchenry

West Virginia Law Review

No abstract provided.


A Constitutional Right Of Access To Pretrial Documents: A Missed Opportunity In Reporters Committee For Freedom Of The Press, Daniel J. Kopp Jul 1987

A Constitutional Right Of Access To Pretrial Documents: A Missed Opportunity In Reporters Committee For Freedom Of The Press, Daniel J. Kopp

Indiana Law Journal

No abstract provided.


What Is “An Establishment Of Religion?", William W. Van Alstyne Jun 1987

What Is “An Establishment Of Religion?", William W. Van Alstyne

Faculty Publications

No abstract provided.


Freedom Of Speech And Holocaust Denial, Gerald Tishler Feb 1987

Freedom Of Speech And Holocaust Denial, Gerald Tishler

Cardozo Law Review

No abstract provided.


Freedom Of Speech And Racism, David Kretzmer Feb 1987

Freedom Of Speech And Racism, David Kretzmer

Cardozo Law Review

No abstract provided.


Taking Libel Reform Seriously, Rodney A. Smolla Jan 1987

Taking Libel Reform Seriously, Rodney A. Smolla

Scholarly Articles

Not available.


Expensive Speech, Neil Skene Jan 1987

Expensive Speech, Neil Skene

Florida State University Law Review

SUING THE PRESS: LIBEL, THE MEDIA, AND POWER. By Rodney Smolla. New York: Oxford University Press. 1986. Pp. 277.


Stanley + Ferber = The Constitutional Crime Of At-Home Child Pornography Possession, Josephine R. Potuto Jan 1987

Stanley + Ferber = The Constitutional Crime Of At-Home Child Pornography Possession, Josephine R. Potuto

Kentucky Law Journal

No abstract provided.


Standing In The Need Of Prayer? The Supreme Court On James Madison And Religious Liberty, Jonathan Van Patten Jan 1987

Standing In The Need Of Prayer? The Supreme Court On James Madison And Religious Liberty, Jonathan Van Patten

Faculty Publications

No abstract provided.


The Establishment Clause: Religion And The First Amendment, Gerard V. Bradley Jan 1987

The Establishment Clause: Religion And The First Amendment, Gerard V. Bradley

Journal Articles

The Establishment Clause: Religion and the First Amendment. By Leonard W. Levy. New York: Macmillan Publishing Company, 1986. 236 pp. $16.95.

With this book the author of seminal works on freedom of the press and the privilege against self-incrimination focuses his considerable talents upon perhaps the most nagging constitutional problem of all: church and state. Leonard Levy's sights are clearly fixed upon Ronald Reagan, William Rehnquist, and other "nonpreferentialists," whom he arraigns on charges of willfully distorting history to buttress their conservative political views on school prayer and aid to parochial schools.


Teaching Tolerance, Robert F. Nagel Jan 1987

Teaching Tolerance, Robert F. Nagel

Publications

No abstract provided.


Has The First Amendment Arrived For Broadcasting?, Tom A. Collins Jan 1987

Has The First Amendment Arrived For Broadcasting?, Tom A. Collins

Faculty Publications

No abstract provided.


The Teaching Function Of The First Amendment, Vincent A. Blasi Jan 1987

The Teaching Function Of The First Amendment, Vincent A. Blasi

Faculty Scholarship

In this important book, Professor Bollinger seeks to understand and remedy the inadequacy he perceives in the way our legal culture deals with extremist speech. He argues that the high level of protection the first amendment has been construed to require serves a social function that has not been fully recognized or carefully evaluated. His thesis is that the contemporary social function of the idea of freedom of speech is to help the society develop a general capacity for tolerance, a capacity that determines how we respond to many forms of conduct as well as speech. Once this function is …


En El Nombre De Dios--The Sanctuary Movement: Development And Potential For First Amendment Protection, Carl W. Levander Sep 1986

En El Nombre De Dios--The Sanctuary Movement: Development And Potential For First Amendment Protection, Carl W. Levander

West Virginia Law Review

No abstract provided.