Constitutional Law Commons^™

Free Press-Fair Trial: Restrictive Orders After Nebraska Press, Doug Rendleman

Kentucky Law Journal

No abstract provided.

The End Of The "Commercial Speech" Exception--Good Riddance Or More Headaches For The Courts?, Francis H. Heller

Kentucky Law Journal

No abstract provided.

The "Seven Dirty Words" Decision: A Potential Scrubbrush For Commercials On Children's Television?, Gerald J. Thain

Kentucky Law Journal

No abstract provided.

The Absoluteness Of The First Amendment, Stephen W. Gard

Law Faculty Articles and Essays

Despite an urgent need, the reality is that today we have no unifying free speech theory. Instead, the recent decisions of the United States Supreme Court suggest that doctrinal confusion reigns. Ironically, I would suggest that the cause of the present doctrinal confusion is not that insufficient attention has been paid to technical free speech issues, but rather that modern first amendment thinking has been dominated by "balancers." The poverty of the balancing approach, be it ad hoc or definitional in character, stems from its reliance on pragmatic considerations rather than on fundamental principles embodied in the enduring legacy of …

"Indecent" Language: A New Class Of Prohibitable Speech? F.C.C. V. Pacifica Foundation, Robert T. Billingsley

University of Richmond Law Review

Courts in this country have long recognized that the first amendment guarantee of freedom of speech, while written in absolute terms, is not an unyielding bar to all government regulation. The basic question left unresolved, however, is under what circumstances the government may intervene on behalf of itself or its citizens to place restrictions upon the great protected right of communication. Mr. Justice Holmes, speaking for the Supreme Court in Schenck v. United States, indicated that the question was whether the words used would create a "clear and present danger" of bringing about "substantive evils that Congress has a right …

Private Speech And The Private Forum: Givhan V. Western Line School District, Frederick Schauer

Faculty Publications

No abstract provided.

Free Press-Fair Trial: Restrictive Orders After Nebraska Press, Doug R. Rendleman

Faculty Publications

No abstract provided.

Constitutional Law - First Amendment - Release Of Toll Call Billing Records Disclosing Journalists' Confidential Sources Held Not Violate Of Freedom Of The Press And Not To Require Prior Judicial Review, Arthur B. Axelson

Villanova Law Review (1956 - )

No abstract provided.

Speech And Speech - Obscenity And Obscenity: An Exercise In The Interpretation Of Constitutional Language, Frederick Schauer

Faculty Publications

Commentators have criticized the Supreme Court's use of the "two-level" theory of speech to place obscenity beyond the pale of the first amendment. They charge the Court with shirking the task of balancing first amendment values and the states' interests in regulating obscene material. Professor Schauer meets this criticism by examining the meaning of the word "speech" in the context of the purposes of the first amendment and the Constitution as a whole. He concludes that "speech"does not include a category.of obscenity'that performs the function of a surrogate sexual act and is lacking in communicative content. The Court's treatment of …

Confessions Of A Horizontalist: A Dialogue On The First Amendment, Larry Yackle

Faculty Scholarship

It is hardly surprising that the Supreme Court has never developed a satisfying theory of the first amendment. Free speech and press problems are many and varied, demanding the most delicate balance of interests in order to preserve a system of freedom of expression and at the same time afford proper respect for competing governmental objectives. Doctrine adapted to one medium of expression may not sit well when applied to others. With the passage of time, changes in technology, economic conditions, and the very nature of expression tend to outstrip the Court's ability to keep pace with doctrinal innovations. There …

Smith V. Daily Mail Publishing Co., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

The Arkansas Freedom Of Information Act: Executive Session Subject Matter, Elizabeth Robben Butler

University of Arkansas at Little Rock Law Review

No abstract provided.

Constitutional Fair Use, Michael D. Brittin

William & Mary Law Review

No abstract provided.

Defamatory Non-Media Speech And First Amendment Methodology, Steven H. Shiffrin

Cornell Law Faculty Publications

In the course of his eloquent commentary upon New York Times Co. v. Sullivan, the late Professor Kalven enthused that the Court had written "an opinion that may prove to be the best and most important it has ever produced in the realm of freedom of speech." This excitement was generated not by the Court's rather narrow holding but rather by the hope that Sullivan would serve as the opening wedge to dislodge the clear and present danger test, to dismantle the "two-level" approach to first amendment analysis (reflected in cases such as Chaplinsky, Beauharnais, and Roth …

Spears V. State, 337 So. 2d 977 (Fla. 1976), John Mueller

Florida State University Law Review

Constitutional Law- SPEECH- FLORIDA'S INDECENT AND OBSCENE LANGUAGE STATUTE DECLARED UNCONSTITUTIONAL ON ITS FACE FOR OVERBREADTH.

The First Amendment, High School Students, And The Possibility Of Psychological Harm: Trachtman V. Anker, Deborah F. Peters

Buffalo Law Review

No abstract provided.

Some Notes On The Proper Uses Of The Clear And Present Danger Test, James W. Torke

BYU Law Review

No abstract provided.

Recent Cases, Alan W. Duncan, Elton G. Snowden, William A. Holby, Joseph W. Gibbs

Vanderbilt Law Review

Constitutional Law -- Newsperson's Privilege - The First Amendment Guarantee of a Free Press Protects Against Compelled Disclosure of a Journalist's Exercise of Editorial Control and Judgment

Plaintiff, a former army officer who had achieved national prominence by claiming that his superiors ignored his reports of atrocities by American forces in Vietnam,' brought a libel suit against defendant television producer, reporter, and network for broadcasting a program that cast doubt upon plaintiff's allegations. Contending that defendant did not present available information corroborating plaintiff's claims, plaintiff sought discovery of the producer's beliefs, opinions, intent, and conclusions in preparing the program.

Alan …

First Amendment Ancillary Doctrines, David S. Bogen

Faculty Scholarship

No abstract provided.

The Irrelevance Of The Constitution: The Religion Clauses Of The First Amendment And The Supreme Court, Philip B. Kurland

Villanova Law Review (1956 - )

No abstract provided.

Corporate Political Speech: The Effect Of First National Bank Of Boston V. Bellotti Upon Statutory Limitations On Corporate Referendum Spending, Francis H. Fox

Kentucky Law Journal

No abstract provided.

The Impact Of Pacifica Foundation On Two Traditions Of Freedom Of Expression (With Endress), Stephen W. Gard

Law Faculty Articles and Essays

The purpose of this article is not to debate the wisdom of the use of sensitive language on the electronic media or elsewhere. The admonition that the perceived wisdom of governmental regulations should never be confused with the issue of their constitutionality remains appropriate. Nor is it our purpose to debate the substantive question of whether the Court reached the proper result in Pacifica, although we will necessarily have much to say by implication on this issue. The purpose of this article is rather to assess the impact of Pacifica on the two traditions of freedom of expression which continue …

The Impact Of Pacifica Foundation On Two Traditions Of Freedom Of Expression, Stephen W. Gard, Jeffrey Endress

Cleveland State Law Review

The United States Supreme Court, in FCC v. Pacifica Foundation, had a magnificent opportunity to either begin the process of defining first amendment limitations on the scope of the authority of the FCC to regulate the content of broadcast expression, explicate a rational ground for the differential status of broadcasting, or perhaps both. The purpose of this article is not to debate the wisdom of the use of sensitive language on the electronic media or elsewhere. Nor is it our purpose to debate the substantive question of whether the Court reached the proper result in Pacifica, although we will necessarily …

Recent Cases, Robert E. Banta, Oby T. Brewer, Iii, Cornelia A. Clark, I. Terry Currie, Douglas W. Ey, Jr.

Vanderbilt Law Review

Constitutional Law-First Amendment-School Authorities May Prohibit High School Student's Distribution of Sex Questionnaire to Prevent Possible Psychological Harm to Other Students Robert Edward Banta

Plaintiff, editor of a high school publication,' brought suit in federal court seeking an order compelling defendant school officials to allow the student publication to distribute a sex questionnaire,to students in the high school and to publish the results. Plaintiff claimed that defendants had not shown that the planned distribution would disrupt school activities and that, therefore, defendants'prohibition of the questionnaire violated 42 U.S.C. § 19831 and the first and fourteenth amendments. Pointing to potential psychological …

Federalism And Obscenity, Robert M. O'Neil

Articles by Maurer Faculty

No abstract provided.

Bakke Revisited - What The Court's Decision Means - And Doesn't Mean, Douglas D. Scherer

Scholarly Works

No abstract provided.

The Impact Of Pacifica Foundation On Two Traditions Of Freedom Of Expression, Stephen W. Gard, Jeffrey Endress

Cleveland State Law Review

The United States Supreme Court, in FCC v. Pacifica Foundation, had a magnificent opportunity to either begin the process of defining first amendment limitations on the scope of the authority of the FCC to regulate the content of broadcast expression, explicate a rational ground for the differential status of broadcasting, or perhaps both. The purpose of this article is not to debate the wisdom of the use of sensitive language on the electronic media or elsewhere. Nor is it our purpose to debate the substantive question of whether the Court reached the proper result in Pacifica, although we will necessarily …

Regulation Of Fundamentalist Christian Schools: Free Exercise Of Religion V. The State's Interest In Quality Education, Michael D. Baker

Kentucky Law Journal

No abstract provided.

Media Reporting And Privacy Claims--Decline In Constitutional Protection For The Press, Gerald G. Ashdown

Kentucky Law Journal

No abstract provided.

Standing Up For Flast: Taxpayer And Citizen Standing To Raise Constitutional Issues, David S. Bogen

Kentucky Law Journal

No abstract provided.