First Amendment Commons^™

Rethinking First Amendment Assumptions About Racist And Sexist Speech, Rodney A. Smolla

Faculty Publications

No abstract provided.

Tribe's "Jurisprudence Of The Religion Clauses", Gerard V. Bradley

Journal Articles

Laurence Tribe has usefully been described as a constitutional apologist for liberal political causes. His conspicuous opposition to the nomination of Judge Robert Bork to the Supreme Court and his imaginative defenses of Roe v. Wade have fueled that image. Tribe's "jurisprudence of the religion clauses" both confounds and complicates the picture. He sees no constitutional difficulty with public education vouchers, and defends the Catholic Church against "pro-choicers" who would strip its tax-exempt status because of the Bishops' "pro-life" activities. Tribe thinks that a public school moment-of-silence can be consistent with the Constitution and carves out a considerable zone of …

O'Er The Land Of The Free: Flag Burning As Speech, Kent Greenawalt

Faculty Scholarship

I am honored to lecture at this school, which has a number of friends, and a much larger circle of scholars whose work I admire. I am honored to lecture in the memory of Melville Nimmer, one of the country's leading thinkers on freedom of speech as well as its foremost expert on copyright. I met Professor Nimmer only once, at a lunch with Vince Blasi. My recollection of the lunch is distinct. Gently and in the most friendly way, but with irrefutable logic, they showed me that a position I had held for more than a decade about immigration …

The Tolerant Society: A Response To Critics, Lee C. Bollinger

Faculty Scholarship

In writing The Tolerant Society I was, and yet remain, interested in the treatment of speech behavior in this country, a treatment notably more liberal than in other Western democracies. Liberality, however, is not its only surprising or distinguishing hallmark; so too is how the world is characterized under the free speech concept.

For some time, even after I began teaching in the first amendment area, the scope and nature of protection afforded speech seemed to me obviously right. But the more I thought about it, the more it seemed to me quite extraordinary. Existing free speech theory provided less …

The First Amendment And The Flag, Bruce Berner

Law Faculty Publications

No abstract provided.

The Second-Best First Amendment, Frederick Schauer

William & Mary Law Review

No abstract provided.

Constitutional Law—Freedom Of The Press—Imposing Liability On Newspaper For Publishing Name Of Rape Victim Obtained From Publicly Released Police Report Violates First Amendment. Florida Star V. B.J.F., 109 S. Ct. 2603 (1989)., Stephanie M. Bartels

University of Arkansas at Little Rock Law Review

No abstract provided.

Hustler Magazine V. Falwell: A Mislitigated And Misreasoned Case, Bruce Fein

William & Mary Law Review

No abstract provided.

A Scout Is Friendly: Freedom Of Association And The State Effort To End Private Discrimination, Paul Varela

William & Mary Law Review

No abstract provided.

Ceremonial Invocations At Public High School Events And The Establishment Clause, James J. Dean

Florida State University Law Review

No abstract provided.

The Obscenity Exception: Abusing The First Amendment, Simon Roberts

Cardozo Law Review

No abstract provided.

Labor, Management, And The First Amendment: Whose Rights Are These, Anyway?, Richard Michael Fischl

Cardozo Law Review

No abstract provided.

Freedom Of Speech, Press And Assembly, And Freedom Of Religion Under The Illinois Constitution, 21 Loy. U. Chi. L.J. 91 (1989), Michael P. Seng

UIC Law Open Access Faculty Scholarship

No abstract provided.

Section 1983, Martin A. Schwartz, Honorable George C. Pratt, Leon Friedman

Touro Law Review

No abstract provided.

The Child Porn Myth, Lawrence A. Stanley

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Commentary, The Selling Of Jury Deliberations, Robert F. Nagel

Publications

No abstract provided.

Forgetting The Constitution, Robert F. Nagel

Publications

No abstract provided.

Possible Modifications Of Roe Vs. Wade, Charles E. Rice

Journal Articles

No abstract provided.

The Future And The First Amendment, Lee C. Bollinger

Faculty Scholarship

It is my honor and pleasure to deliver this year's Sullivan Lecture. I have an especially warm feeling toward this Law School. Two years ago, at the invitation of your Professor Distelhorst, I participated in the Capital Law School program for teaching American law to Japanese lawyers. For five stimulating weeks I enjoyed the intellectual and social company· of Japanese attorneys, while teaching them the outlines of American constitutional law. Twice a week, in the evening, for three continuous hours, and after a full work day, these dedicated lawyers would willingly become students again and suffer patiently through my highly …

Constitutional Law—Freedom Of Speech—Ban On Picketing In Front Of Individual Residence Does Not Violate First Amendment., E. Gregory Wallace

University of Arkansas at Little Rock Law Review

No abstract provided.

Exorcizing Everson, Gerard V. Bradley

Journal Articles

Daniel Dreisbach: Real Threat and Mere Shadow: Religious Liberty and the First Amendment. Crossway Books. 351 pp. $15.00 (paper).

No aspect of constitutional law sports a bigger profile these days than that concerning religion, or "Church and state." Academics debate it prodigiously, lawyers litigate it furiously, and judges issue opinions on the subject with clockwork regularity. But this commotion is hardly esoteric. Pat Robertson's candidacy stirred everyone's emotions precisely because each of us has a strong sense of just how religious politics should be. George Bush clumsily attested to this popular sensitivity. What sustained bomber pilot Bush …

Emotional Distress And The First Amendment: An Analysis Of Hustler V. Falwell, Rodney A. Smolla

Faculty Publications

No abstract provided.

The Believer And The Powers That Are, Elizabeth Ferguson

Michigan Law Review

A Review of The Believer and the Powers That Are by John T. Noonan, Jr.

The History And Culture Of Affirmative Action, Anthony J. Scanlon

BYU Law Review

No abstract provided.

Conference Program

Group Defamation & Freedom of Speech: The Relationship Between Language and Violence (1988)

No abstract provided.

Hazelwood School District V. Kuhlmeier, 108 S. Ct. 562 (1988), Walter E. Forehand

Florida State University Law Review

Constitutional Law-TINKERING WITH TINKER: ACADEMIC FREEDOM IN THE PUBLIC SCHOOLS

"Son Of Sam" And His Legislative Offspring: The Constitutionality Of Stripping Criminals Of Their Literary Profits, Alan N. Young

Articles & Book Chapters

We have seen in recent years a growing demand to recognize the victims’ rights and needs. In Canadian jurisdictions this has resulted in the introduction of victims-witness assistance programs that are designed to provide support to a victim of crime throughout the court process. Compensation boards have also been set up to provide financial remuneration w those who have suffered injury or loss at the hands of the perpetrator of the crime. In the United States, however, a more aggressive scheme for providing victim redress has been adopted by a number of the state legislatures. These "Son of Sam" laws, …

Privacy, Pornography, And The Supreme Court, 21 J. Marshall L. Rev. 755 (1988), Richard F. Hixson

UIC Law Review

No abstract provided.

Some Thoughts On The Historical Origins Of The United States Constitution And The Establishment Clause, 21 J. Marshall L. Rev. 239 (1988), Marvin E. Aspen

UIC Law Review

No abstract provided.

Costello V. Capital Cities Communications, Inc.: Illinois' Innocent Construction Rule Prevails Over The Constitutional Privilege For Expression Of Opinion, 21 J. Marshall L. Rev. 427 (1988), Jerald B. Holisky

UIC Law Review

No abstract provided.