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Articles 3061 - 3090 of 3422
Full-Text Articles in Constitutional Law
Constitutional Law - First Amendment - New York Statute Proscribing Distribution Of Nonobscene Materials Depicting Minors Engaged In Sexual Conduct Does Not Violate The First Amendment Because The Materials Are Outside First Amendment Protection And The Statute Is Not Substantially Overboard, Cynthia A. Jaworski
Villanova Law Review (1956 - )
No abstract provided.
Prior Restraint Of Expression Through The Private Search Doctrine, Edward J. Eberle
Prior Restraint Of Expression Through The Private Search Doctrine, Edward J. Eberle
Law Faculty Scholarship
No abstract provided.
Free Speech And Intellectual Values, Lee C. Bollinger
Free Speech And Intellectual Values, Lee C. Bollinger
Faculty Scholarship
In the preface to his book, The Negro and the First Amendment, Harry Kalven observed that the idea of free speech was marked by an unusually keen "quest for coherent general theory." Every area of the law, Kalven puzzled, was rife with inconsistency and ambiguity, yet inexplicably there was little tolerance· for anomalies in the field of free speech. As to why this was so, Kalven speculated that "free speech is so close to the heart of democratic organization that if we do not have an appropriate theory for our law here, we feel we really do not understand the …
Bob Jones University V. United States, Lewis Powell Jr.
Bob Jones University V. United States, Lewis Powell Jr.
Supreme Court Case Files
No abstract provided.
Mueller V. Allen, Lewis F. Powell Jr.
Havalunch V. Mazza--The Scrambling Of Constitutional And Common Law Defamation Analysis In West Virginia, W. Martin Harrell
Havalunch V. Mazza--The Scrambling Of Constitutional And Common Law Defamation Analysis In West Virginia, W. Martin Harrell
West Virginia Law Review
No abstract provided.
Accommodation Of Conscientious Objection To Abortion: A Case Study Of The Nursing Profession, W. Cole Durham Jr., Mary Anne Q. Wood, Spencer J. Condie
Accommodation Of Conscientious Objection To Abortion: A Case Study Of The Nursing Profession, W. Cole Durham Jr., Mary Anne Q. Wood, Spencer J. Condie
BYU Law Review
No abstract provided.
Valley Forge Christian College V. Americans United For Separation Of Church And State, Inc.: Citizen And Taxpayer Standing Under The Establishment Clause Revisited, Bradley M. Bole
Florida State University Law Review
No abstract provided.
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 …
Involuntary Commitment: The Move Toward Dangerousness, 15 J. Marshall L. Rev. 83 (1982), Robert Weissbourd
Involuntary Commitment: The Move Toward Dangerousness, 15 J. Marshall L. Rev. 83 (1982), Robert Weissbourd
UIC 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 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 (1956 - )
No abstract provided.
Reverse Freedom Of Information Act Litigation In A Non-Commercial Setting: The Case Of Professor Doe, Lawrence A. Silver
Reverse Freedom Of Information Act Litigation In A Non-Commercial Setting: The Case Of Professor Doe, Lawrence A. Silver
Cleveland State Law Review
So complex are the questions of what the right of privacy is, and when and how it can be invoked, that special precautions must be taken to prevent an article dealing with it from drifting off into the fascinating but misty realms of metaphysical speculation. This Article will deal with an important issue raised but not answered by the Federal Freedom of Information and Privacy Acts: the rights of a private party who seeks to prevent the federal government from releasing information concerning him.
National Security Interests Vs. The First Amendment: Haig V. Agee, Joan R. M. Bullock
National Security Interests Vs. The First Amendment: Haig V. Agee, Joan R. M. Bullock
Journal Publications
In Haig v. Agee, the United States Supreme Court held that the Secretary of State has the authority to revoke a passport when the bearer's activities abroad "are causing or are likely to cause serious damage to the national security or the foreign policy of the United States." This note will examine the implications of Agee as a standard in resolving conflicts between national security and first amendment rights of the individual.
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 Publications
No abstract provided.
Codifying The First Amendment: New York V. Ferber, Frederick Schauer
Codifying The First Amendment: New York V. Ferber, Frederick Schauer
Faculty Publications
No abstract provided.
Overbreadth, Henry Paul Monaghan
Overbreadth, Henry Paul Monaghan
Faculty Scholarship
The concern in constitutional law with "overbreadth" is generally understood to denote a conscious departure from conventional standing concepts in free-expression cases. Assertedly justified by the special vulnerability of protected expression to impermissible deterrence, overbreadth doctrine invites litigants to attack the facial validity of rules which burden expressive interests. A litigant whose expression is admittedly within the constitutionally valid applications of a statute is permitted to assert the statute's potentially invalid applications with respect to other persons not before the court and with whom the litigant stands in no special relationship. Judicial focus is not on the protected character, vel …
Trust Doctrines In Church Controversies, Dalin H. Oaks
Trust Doctrines In Church Controversies, Dalin H. Oaks
BYU Law Review
No abstract provided.
Revocation Of Tax-Exempt Status Of Religious Schools-Conflict With The Religion Clauses Of The First Amendment: Bob Jones University V. United States, R. Clyde Parker Jr.
Revocation Of Tax-Exempt Status Of Religious Schools-Conflict With The Religion Clauses Of The First Amendment: Bob Jones University V. United States, R. Clyde Parker Jr.
BYU Law Review
No abstract provided.
United States V. Lee, Lewis F. Powell, Jr.
United States V. Lee, Lewis F. Powell, Jr.
Supreme Court Case Files
No abstract provided.
National Association For The Advancement Of Colored People V. Claiborne Hardware Company, Lewis F. Powell, Jr.
National Association For The Advancement Of Colored People V. Claiborne Hardware Company, Lewis F. Powell, Jr.
Supreme Court Case Files
No abstract provided.
Globe Newspaper Co. V. Superior Court For The County Of Norfolk, Lewis F. Powell Jr.
Globe Newspaper Co. V. Superior Court For The County Of Norfolk, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Heffron V. International Society For Krishna Consciousness, Inc., 101 S. Ct. 2559 (1981), Jaime L. Wallace
Heffron V. International Society For Krishna Consciousness, Inc., 101 S. Ct. 2559 (1981), Jaime L. Wallace
Florida State University Law Review
Constitutional Law-FREEDOM OF SPEECH-CONTINUED EROSION OF A FUNDAMENTAL RIGHT
"Deprogramming": From The Defense Counsel's Perspective, Albert R. Vermeire
"Deprogramming": From The Defense Counsel's Perspective, Albert R. Vermeire
West Virginia Law Review
We begin with the proposition that the right of freedom of thought protected by the First Amendment against State action includes both the right to speak freely and the right to refrain from speaking at all. A system which secures the right to proselytize religious, political and ideological causes must also guarantee the concomitant right to decline to foster such concepts. The right to speak and the right to refrain from speaking are complementary components of the broader concept of 'individual freedom of mind.' Anguished parents and sympathetic judges; concerned attorneys and psychologists; reality-inducing therapists, police officers and adult or …
James Madison And The Burger Court: Converging Views Of Church-State Separation, Patricia E. Curry
James Madison And The Burger Court: Converging Views Of Church-State Separation, Patricia E. Curry
Indiana Law Journal
No abstract provided.
Miller V. California Revisited: An Empirical Note, Robert E. Riggs
Miller V. California Revisited: An Empirical Note, Robert E. Riggs
BYU Law Review
No abstract provided.
A Restatement Of The Intended Meaning Of The Establishment Clause In Relation To Education And Religion, John Remington Graham
A Restatement Of The Intended Meaning Of The Establishment Clause In Relation To Education And Religion, John Remington Graham
BYU Law Review
No abstract provided.
Strict Liability Versus Negligence: An Economic Analysis Of The Law Of Libel, Gary L. Lee
Strict Liability Versus Negligence: An Economic Analysis Of The Law Of Libel, Gary L. Lee
BYU Law Review
No abstract provided.
Village Of Schaumburg V. Citizens For A Better Environment, 444 U.S. 620 (1980), Janet Jacobowitz
Village Of Schaumburg V. Citizens For A Better Environment, 444 U.S. 620 (1980), Janet Jacobowitz
Florida State University Law Review
Constitutional Law-FREEDOM OF SPEECH-ORDINANCE RESTRICTING SOLICITATION OF FUNDS BY CHARITIES RESTRICTS FREEDOM OF SPEECH