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Articles 1111 - 1140 of 1154
Full-Text Articles in Constitutional Law
An Attack On Categorical Approaches To Freedom Of Speech, Pierre J. Schlag
An Attack On Categorical Approaches To Freedom Of Speech, Pierre J. Schlag
Publications
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.
Mueller V. Allen, Lewis F. Powell Jr.
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.
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 …
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.
Book Review, Stephen W. Gard
Book Review, Stephen W. Gard
Law Faculty Articles and Essays
The author reviews Justice Hugo Black and the First Amendment, edited by Everette E. Dennis, Donald M. Gillmor and David L. Grey.
Regulation Of Advertising And Promotional Pracitces Of Public Utilities Under The First Amendment, Thomas G. Carulli
Regulation Of Advertising And Promotional Pracitces Of Public Utilities Under The First Amendment, Thomas G. Carulli
Fordham Urban Law Journal
This Note examines the first amendment right of public utility corporations in light of the recent restrictions imposed on how these corporations communicate with their subscribers and the public in general. Specifically, this Note will focus "on the regulations promulgated by the New York Public Service Commission which prohibited the use of bill inserts on controversial matters of public policy and banned all promotional advertising by public utility corporations."
Constitutional Law: Dubious Intrusions--Peynote, Drug Laws, And Religious Freedom, John T. Doyle
Constitutional Law: Dubious Intrusions--Peynote, Drug Laws, And Religious Freedom, John T. Doyle
American Indian Law Review
No abstract provided.
Nathaniel Goldstein Memorial Lecture, Murray I. Gurfein
Nathaniel Goldstein Memorial Lecture, Murray I. Gurfein
Cardozo Law Review
No abstract provided.
Essay--Fighting For Their Lives: The Applicability Of The Fairness Doctrine To Violence In Children's Television Programming, Thomas Barton
Essay--Fighting For Their Lives: The Applicability Of The Fairness Doctrine To Violence In Children's Television Programming, Thomas Barton
West Virginia Law Review
No abstract provided.
Pruneyard Shopping Center V. Robins, Lewis F. Powell Jr.
Pruneyard Shopping Center V. Robins, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Mccall V. State, 354 So. 2d 869 (Fla. 1978), Arthur C. Beal, Jr.
Mccall V. State, 354 So. 2d 869 (Fla. 1978), Arthur C. Beal, Jr.
Florida State University Law Review
Constitutional Law-THE FINE LINE BETWEEN PROTECTED AND NON-PROTECTED SPEECH
Balancing Freedom Of Speech, David S. Bogen
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.
Smith V. Daily Mail Publishing Co., Lewis F. Powell Jr.
Smith V. Daily Mail Publishing Co., Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Spears V. State, 337 So. 2d 977 (Fla. 1976), John Mueller
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.
First Amendment Ancillary Doctrines, David S. Bogen
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
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.
A Case For Judicial Balancing: Justice Stevens And The First Amendment, Richard G. Birinyi
A Case For Judicial Balancing: Justice Stevens And The First Amendment, Richard G. Birinyi
Seattle University Law Review
This comment discusses four of Justice Stevens's opinions that analyze first amendment issues. Two dissenting opinions in Splawn v. California and Smith v. United States deal expressly with obscenity, and reject the Court's present method of analysis. Young v. American Mini Theatres, Inc. and Federal Communications Commission v. Pacifica Foundation both develop a balancing approach to ascertain the constitutionality of government regulation of nonobscene offensive speech. The comment concludes that Justice Stevens correctly identifies the factors necessary to insure proper Court protection of speech interests.
Bakke Revisited - What The Court's Decision Means - And Doesn't Mean, Douglas D. Scherer
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
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 …
The Impact Of Pacifica Foundation On Two Traditions Of Freedom Of Expression, Stephen W. Gard, Jeffrey Endress
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 …
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
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.
Constitutional Law - Obscenity - 1977 Amendments To The Pennsylvania Obscenity Statute, John P. Kopesky
Constitutional Law - Obscenity - 1977 Amendments To The Pennsylvania Obscenity Statute, John P. Kopesky
Villanova Law Review (1956 - )
No abstract provided.
Book Review: The Law Of Obscenity, Edward J. Berbusse, S.J.
Book Review: The Law Of Obscenity, Edward J. Berbusse, S.J.
Fordham Urban Law Journal
Edward J. Berbusse, S.J. reviews The Law of Obscenity by Frederick F. Schauer. Schauer's book provides a historical perspective on obscenity law, tracking developments through several centuries. It begins with a look at obscenity law within the Church during the 16th and moves through civil law in England and up to the present in the United States. The book then explores the Miller v. California decision and the Supreme Court's move to a local standard, rather than national, of obscenity. In addition to the Miller case, Schauer looks at other important decisions which developed the modern body of law focusing …
The Supreme Court And The Constitutional Rights Of Prisoners: A Reappraisal, Emily Calhoun
The Supreme Court And The Constitutional Rights Of Prisoners: A Reappraisal, Emily Calhoun
Publications
No abstract provided.
Libel: Taskett V. King Broadcasting Co.--A New Washington Standard, Roy W. Kent
Libel: Taskett V. King Broadcasting Co.--A New Washington Standard, Roy W. Kent
Seattle University Law Review
In Taskett v. KING Broadcasting Co., the Washington Supreme Court reevaluated the constitutional limits on libel law with regard to private individuals involved in matters of public interest, and held that private individuals can recover damages "on a showing that in publishing the statement, the defendant knew or, in the exercise of reasonable care, should have known that the statement was false." In adopting the reasonable care standard, the Washington Supreme Court sought to achieve an equitable balance between the media's first amendment rights of free speech and press and the state's interest in compensating private citizens for harm …
Wooley V. Maynard, Lewis F. Powell Jr.