First Amendment Commons^™

Stanley + Ferber = The Constitutional Crime Of At-Home Child Pornography Possession, Josephine R. Potuto

Kentucky Law Journal

No abstract provided.

Standing In The Need Of Prayer? The Supreme Court On James Madison And Religious Liberty, Jonathan Van Patten

Faculty Publications

No abstract provided.

The Establishment Clause: Religion And The First Amendment, Gerard V. Bradley

Journal Articles

The Establishment Clause: Religion and the First Amendment. By Leonard W. Levy. New York: Macmillan Publishing Company, 1986. 236 pp. $16.95.

With this book the author of seminal works on freedom of the press and the privilege against self-incrimination focuses his considerable talents upon perhaps the most nagging constitutional problem of all: church and state. Leonard Levy's sights are clearly fixed upon Ronald Reagan, William Rehnquist, and other "nonpreferentialists," whom he arraigns on charges of willfully distorting history to buttress their conservative political views on school prayer and aid to parochial schools.

Teaching Tolerance, Robert F. Nagel

Publications

No abstract provided.

Has The First Amendment Arrived For Broadcasting?, Tom A. Collins

Faculty Publications

No abstract provided.

The Teaching Function Of The First Amendment, Vincent A. Blasi

Faculty Scholarship

In this important book, Professor Bollinger seeks to understand and remedy the inadequacy he perceives in the way our legal culture deals with extremist speech. He argues that the high level of protection the first amendment has been construed to require serves a social function that has not been fully recognized or carefully evaluated. His thesis is that the contemporary social function of the idea of freedom of speech is to help the society develop a general capacity for tolerance, a capacity that determines how we respond to many forms of conduct as well as speech. Once this function is …

En El Nombre De Dios--The Sanctuary Movement: Development And Potential For First Amendment Protection, Carl W. Levander

West Virginia Law Review

No abstract provided.

Tort Claims Against Churches And Ecclesiastical Officers: The First Amendment Considerations, Carl H. Esbeck

West Virginia Law Review

No abstract provided.

Teaching Constitutional Law: Role-Playing The Supreme Court, David S. Day

Journal of Legal Education

No abstract provided.

Published Consentless Sexual Portrayals: A Proposed Framework For Analysis, Ruth Colker

Buffalo Law Review

No abstract provided.

Greenmoss Builders, Inc. V. Dun & (And) Bradstreet Inc. Invites Controversy, 19 J. Marshall L. Rev. 929 (1986), Elmer Gertz

UIC Law Review

No abstract provided.

The Clergy-Penitent Privilege And The Child Abuse Reporting Statute: Is The Secret Sacred, 19 J. Marshall L. Rev. 1031 (1986), Kathryn Keegan

UIC Law Review

No abstract provided.

Zauderer V. Office Of Disciplinary Counsel: Refining The Regulation Of Attorney Advertising, Brent P. Copenhaver

West Virginia Law Review

No abstract provided.

The Sanctuary Movement: Above The Law Or Beyond It's Reach?, Dennis P. Riordan

NYLS Journal of Human Rights

No abstract provided.

Justice Sanford And Modern Free Speech Analysis: Back To The Future?, Philip J. Prygoski

Kentucky Law Journal

No abstract provided.

Justice Brennan, Due Process And The Freedom Of Speech: A Celebration Of Speiser V. Randall, 20 J. Marshall L. Rev. 7 (1986), George Anastaplo

UIC Law Review

No abstract provided.

Lowe V. Sec: Investment Advisors Act Of 1940 Clashes With First Amendment Guarantees Of Free Speech And Press, Stacy P. Thompson

University of Richmond Law Review

In the wake of mounting controversy over whether federal securities laws can withstand first amendment scrutiny, the United States Supreme Court granted certiorari in Lowe v. SEC to consider whether the first amendment prohibits an injunction against publication and distribution of an investment advisory newsletter by an unregistered investment advisor. However, the Court bypassed this constitutional question, and instead adopted a statutory construction of the Investment Advisers Act of 1940 (the "Act") that excluded Lowe's newsletters as "bonafide financial publications" of general circulation under section 80(b)- 2(a)(11)(D). The majority ruled that the petitioners were not investment advisers, and therefore did …

First Amendment Restrictions On Title I Programs In Private Schools, Laura Gaston Dooley

Law Faculty Publications

No abstract provided.

Congressional Power And Free Speech: Levy’S Legacy Revisited, William W. Van Alstyne

Faculty Scholarship

No abstract provided.

Washington's Ballot Restriction For Minor Party Candidates: When Is A Primary Not A Primary?, Emily Calhoun

Publications

No abstract provided.

Freedom Of Speech As Therapy, Pierre Schlag

Publications

No abstract provided.

Free Exercise And The Values Of Religious Liberty, John H. Garvey

Scholarly Articles

One thing that has always bothered me about free exercise jurisprudence is that it rests on values we have seldom tried to state, much less justify. In a way this is not surprising. We have only recently abandoned the assumption, which may never have been true, that Americans share a common understanding of language about God and transcendent values. That understanding made it unnecessary to define for nonspeakers a meaning that even believers have trouble putting into words. But today we are probably not "a religious people whose institutions presuppose a Supreme Being-at least not if "religious" is supposed to …

Congressional Power And Free Speech: Levy’S Legacy Revisited, William W. Van Alstyne

Faculty Publications

No abstract provided.

The Secular Meaning Behind The Lemon Test: Lynch V. Donnelly

Touro Law Review

No abstract provided.

Conflicts Between Copyright And The First Amendment After Harper & Row, Publishers V. Nation Enterprises, David E. Shipley

Scholarly Works

The relationship between copyright and the first amendment has been discussed repeatedly in the past fifteen years. A free speech privilege has been asserted as a defense in many copyright infringement actions, and the topic has been the subject of lively academic debate. Although no court has held an infringement claim to be defeated by a first amendment defense, considerable attention has been paid to the potential conflict between copyright and free speech interests. Commentators have speculated that in some situations copyright protection could impermissibly abridge the first amendment. The United States Supreme Court's decision in Harper & Row, Publishers …

Bethel School District No. 403 V. Fraser, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.

Reading The Establishment Clause, Neal Devins

Popular Media

No abstract provided.

Clark V. Community For Creative Non-Violence: First Amendment Safeguards-Their Sum Is Less Than Their Parts, James B. Putney

University of Miami Law Review

No abstract provided.

And Now For A Moment Of Silence: Wallace V. Jaffree, Sylvia Sohn Penneys

University of Miami Law Review

No abstract provided.

Embargoes On Exports Of Ideas And Information: First Amendment Issues, Robert D. Kamenshine

William & Mary Law Review

No abstract provided.