Constitutional Law Commons^™

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

Faculty Scholarship

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 …

The Federal Election Campaign Act Amendments Of 1974: The Constitutionality Of Limiting Political Advertising By The Non-Candidate, John P. Hollihan

Florida State University Law Review

No abstract provided.

Constitutional Law-Blockbusting-Antiblockbusting Section Of The Civil Rights Act Of 1968 Held Not Violative Of First Amendment. Finding Of "Group Pattern Or Practice" Does Not Require A Showing Of Conspiracy Or Concerted Action

Fordham Urban Law Journal

An action was brought by the Attorney General against the president of a realty group and four other real estate brokers to enjoin alleged violations of anti-blockbusting provisions of the Fair Housing Act of 1968. Defendants were accused of individually and collectively engaging in a practice to prevent the enjoyment of rights granted by the Fair Housing Act and that a group of persons was denied rights as a result. It was alleged the defendant's agents made unlawful representations to white homeowners concerning changes in the racial composition of their neighborhood in order to induce sales. The trial court found …

Bellis V. United States, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Hunt V. Mcnair, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Beyond The Verge Of Religious Establishment: The Sunday Closing Laws, Emmett N. Young

LLM Theses and Essays

This LL.M. thesis argues that state Sunday closing laws, commonly known as "blue laws," violate the First Amendment, advancing beyond the permissible "verge" of state power identified in Everson v. Board of Education . The work analyzes four landmark 1961 Supreme Court decisions — McGowan v. Maryland , Two Guys from Harrison-Allentown, Inc. v. McGinley , Braunfeld v. Brown, and Gallagher v. Crown Kosher Super Market — in which the Court upheld Sunday laws as valid civil regulations. Tracing their history from medieval England to modern America, the thesis contends that the purported secularization of such statutes through legislative exceptions …

Political Rights Of Government Employees, Donald H. Buckley

Cleveland State Law Review

There are nearly three million federal employees, of whom 50.8 percent are professional, technical or administrative personnel. These federal employees and those individuals employed by a state or local agency whose principal employment is in connection with an activity which is financed in whole or in part by loans or grants made by the United States or a federal agency are subject to the United States Civil Service Commission rules regulating political activity. Under Civil Service rules, individuals may be removed from their employment for doing what every other American may consider a constitutionally protected right; namely, participating actively in …

First Amendment "Due Process", Henry Paul Monaghan

Faculty Scholarship

A number of recent Supreme Court opinions, primarily in the obscenity area, have fastened strict procedural requirements on governmental action aimed at controlling the exercise of first amendment rights. Professor Monaghan believes that there are two basic principles that can be distilled from these cases: that a judicial body, following an adversary hearing, must decide on the protected character of the speech, and that the judicial determination must either precede or immediately follow any governmental action which restricts speech. The author argues that these two broad principles should limit any governmental activity which affects freedom of speech, no matter how …

Unconstitutional Conditions Upon Public Employment: New Departures In The Protection Of First Amendment Rights, Harold H. Bruff

Publications

No abstract provided.

Comments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Book Review. Free Speech And Its Relation To Self-Government By Alexander Meiklejohn, John P. Frank

Articles by Maurer Faculty

No abstract provided.

Church And State - The Mandate Of The Establishment Clause: Wall Of Separation Or Benign Neutrality., William J. Cornelius

St. Mary's Law Journal

Instead of continuing down the path of confusing, contradictory, and inconsistent nonestablishment clause decisions, the Court should opt for a new approach—benign neutrality. The Court currently follows one of three general approaches when deciding nonestablishment clause issues—Wall of Separation theory, Strict Neutrality theory, or the Accommodation theory. None of these three approaches has led to any clear standards or principles. The Wall of Separation theory has been argued to be the most historically accurate representation of the Framer’s intent, but that is inaccurate. Instead, the Framers pursued religious freedom instead of complete separation in order to partially avoid usurpation by …

Constitutional Law: First Amendment Rights: Goodbye To Free Student Press?, Deborah Jane Clarke

Oklahoma Law Review

No abstract provided.