Constitutional Law Commons^™

Constitutional Law - Free Press/Fair Trial - Pretrial Suppression Hearing May Be Closed In Order To Preserve Defendant's Right To A Fair Trial, Douglas Robison

Villanova Law Review (1956 - )

No abstract provided.

The Mobius Strip Of The First Amendment: Perspectives On Red Lion, William W. Van Alstyne

Faculty Publications

No abstract provided.

Fear, Risk And The First Amendment: Unraveling The Chilling Effect, Frederick Schauer

Faculty Publications

No abstract provided.

Zoning Obscenity: Or, The Moral Politics Of Porn, Norman Marcus

Buffalo Law Review

No abstract provided.

New York V. Cathedral Academy, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Media Lability For Libel Of Newsworthy Persons: Before And After Time, Inc. V. Firestone, Thomas E. Wheeler, Jr.

Florida State University Law Review

No abstract provided.

Civilizing Pornography: The Case For An Exclusive Obscenity Nuisance Statute, Doug R. Rendleman

Faculty Publications

Criminal penalties are increasingly perceived to be too severe for regulating obscenity. Professor Rendleman shares this perception and suggests that we replace criminal obscenity laws with an exclusive civil sanction utilizing injunctions. He proposes a comprehensive nuisance statute and discusses the various issues that arise in the equitable regulation of pornography.

Constitutional Law - Obscenity - 1977 Amendments To The Pennsylvania Obscenity Statute, John P. Kopesky

Villanova Law Review (1956 - )

No abstract provided.

Constitutional Law--Restricting The Application Of The Commercial Speech Doctrine, Stephen Lee Thompson

West Virginia Law Review

No abstract provided.

The Supreme Court And The Constitutional Rights Of Prisoners: A Reappraisal, Emily Calhoun

Publications

No abstract provided.

Tenure Rights In Contractual And Constitutional Context, Ronald C. Brown

Faculty Publications

No abstract provided.

Cracks In “The New Property”: Adjudicative Due Process In The Administrative State, William W. Van Alstyne

Faculty Publications

No abstract provided.

The Hazards To The Press Of Claiming A “Preferred Position”, William W. Van Alstyne

Faculty Publications

No abstract provided.

Recent Cases, Samuel E. Stumpf, Jr., M. Carolyn Barefield, Robert S. Reder, Stephen C. Morton, Randolph C. Coley

Vanderbilt Law Review

Noerr-Pennington Immunity for Joint Efforts to Influence Governmental Action - Intent to Cause Competitive Injury, Evidenced by Repeated, Baseless Opposition Before an Adjudicatory Body, Does Not Result in Loss of Noerr-Pennington Immunity Absent Specific Allegations of Conduct External to or Abusive of the Adjutory Processes

Samuel E. Stumpf, Jr.

Constitutional Law - First Amendment - Student's Right to Receive Information Precludes Board's Removal of Allegedly Offensive Books from High School Library

M. Carolyn Barefield

Constitutional Law-Search and Seizure - Federal Courts Are Bound by Federal Wiretapping Statutes and Will Not Exclude Evidence Seized by State Agents in Violation of More …

Buckley V. Valeo, Its Aftermath, And Its Prospects: The Constitutionality Of Government Restraints On Political Campaign Financing, Brice M. Clagett, John R. Bolton

Vanderbilt Law Review

The Supreme Court's decision in Buckley v. Valeo' undoubtedly will be the forerunner of many future decisions dealing with the complex area of political campaign finance and thus will exert a profound influence on the structure of American politics. From a broader perspective, the decision significantly applies fundamental constitutional law doctrines concerning the first amendment and separation of powers. Accordingly, a clear understanding of what the Court did and did not do in Buckley is essential to any further legislative or judicial initiatives in the regulation of political activity. This article will examine the Court's holdings in Buckley, describe the …

Wooley V. Maynard, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Constitutional Law--Legislative Immunity Outweighs First Amendment Rights, John J. Copelan Jr.

Mercer Law Review

In Eastland v. United States Servicemen's Fund the United States Supreme Court held that even in the face of an alleged infringement of first amendment rights, when a Senate subcommittee's activity falls within the "legitimate legislative sphere," the speech or debate clause of the United States Constitution protects the activities of the subcommittee, the individual senators and the chief counsel, thereby prohibiting judicial interference to enjoin a subpoena issued by the subcommittee.

School Books, Lesson Plans, And The Constitution, Frederick F. Schauer

West Virginia Law Review

No abstract provided.

Personality Testing By The Schools: A Possible Invasion Of Privacy, Angelika Hoyman

IUSTITIA

Contemporary critics, concerned with the maintenance of personal privacy, have termed the use of personality tests a "white glove rack and screw" . Monroe H. Freedman, Dean of Hofstra University School of Law, while testifying before a congressional subcommittee, compared the use of psychological tests to the administration of truth serums and found both to be an affront to personal dignity.

Nevertheless, the 1960's witnessed a three-fold increase in the number of school counselors employed in most schools and a nation-wide survey of these counselors indicated that at least one-third of their time was spent in dealing with the personal …

Topless Dancing And The Constitution: A New York Town's Experience, Andrew C. Spacone

Buffalo Law Review

No abstract provided.

Constitutional Law--Libel And Slander--Defamation Of Political Candidates, David John Romano

West Virginia Law Review

No abstract provided.

The Supreme Court's Interpretation Of The Guarantee Of Freedom Of Speech, David S. Bogen

Faculty Scholarship

No abstract provided.

Picketing And Freedom Of Speech: Comes The Evolution, 10 J. Marshall J. Prac. & Proc. 1 (1976), Jesse I. Etelson

UIC Law Review

No abstract provided.

Revitalizing The Clear-And-Present-Danger Test: Toward A Principled Interpretation Of The First Amendment, Jeffrey M. Shaman

Villanova Law Review (1956 - )

No abstract provided.

Problems In Defining The Institutional Status Of The Press, Andrew A. Jaxa-Debicki

University of Richmond Law Review

This comment will deal with the concept of freedom of the press within the context of recent Supreme Court rulings which have directly or indirectly involved definitions of the role of the organized press in the governmental framework established by the Constitution. Specifically, the focus will be in the areas of the law dealing with defamation, testimonial privilege and the fair trial-free press controversy. The purpose will be to discern whether the Supreme Court is developing a concept of freedom of the press which is distinguishable from the general guarantee of freedom of speech and which derives its rationale from …

Constitutional Law-First Amendment-Newspaper Advertisement Of Abortion Referral Service Entitled To First Amendment Protection

University of Richmond Law Review

Controversies involving the first amendment rights of freedom of press and speech are not confined to reporters vowing to protect the identities of their sources against government prosecutors or committees attempting to identify them. An area of conflict of equal import is the degree of protection, if any, afforded commercial speech by the Constitution. In 1942, the Supreme Court in Valentine v. Chrestensen enunciated the commercial speech doctrine which has been used, despite subsequent criticism and attempts to limit the holding, to remove commercial adver- tisement from the ambit of constitutional protection.

Constitutional Law: The Right To Wear A Traditional Indian Hair Style--Recognition Of A Heritage, Peggy Doty

American Indian Law Review

No abstract provided.

First Amendment Protection For Commercial Advertising: The New Constitutional Doctrine, Thomas W. Merrill

Faculty Scholarship

Governmental regulation of commercial advertising has become a major focus of challenges to established first amendment doctrine. An increasing number of suits have raised constitutional objections to regulations of false or deceptive advertising, regulations of offensive advertising, prohibitions of commercial advertising in certain forums, prohibitions of price advertising for particular products or services, and prohibitions of all advertising for particular products or services.' Until recently, the majority of courts upheld such regulations under the Supreme Court's ruling in Valentine v. Chrestensen that "purely commercial advertising" is unprotected by the first amendment.

In the last two years the Court has subjected …

Constitutional Law--Commercial Speech Doctrine--A Clarification Of The Protection Afforded Under The First Amendment--Bigelow V. Virginia

BYU Law Review

No abstract provided.

The Future Of Cable Communications And The Fairness Doctrine, Tom A. Collins

Faculty Publications

No abstract provided.