First Amendment Commons^™

Heffron V. International Society For Krishna Consciousness, Inc., 101 S. Ct. 2559 (1981), Jaime L. Wallace

Florida State University Law Review

Constitutional Law-FREEDOM OF SPEECH-CONTINUED EROSION OF A FUNDAMENTAL RIGHT

"Deprogramming": From The Defense Counsel's Perspective, Albert R. Vermeire

West Virginia Law Review

We begin with the proposition that the right of freedom of thought protected by the First Amendment against State action includes both the right to speak freely and the right to refrain from speaking at all. A system which secures the right to proselytize religious, political and ideological causes must also guarantee the concomitant right to decline to foster such concepts. The right to speak and the right to refrain from speaking are complementary components of the broader concept of 'individual freedom of mind.' Anguished parents and sympathetic judges; concerned attorneys and psychologists; reality-inducing therapists, police officers and adult or …

James Madison And The Burger Court: Converging Views Of Church-State Separation, Patricia E. Curry

Indiana Law Journal

No abstract provided.

Miller V. California Revisited: An Empirical Note, Robert E. Riggs

BYU Law Review

No abstract provided.

A Restatement Of The Intended Meaning Of The Establishment Clause In Relation To Education And Religion, John Remington Graham

BYU Law Review

No abstract provided.

Strict Liability Versus Negligence: An Economic Analysis Of The Law Of Libel, Gary L. Lee

BYU Law Review

No abstract provided.

Village Of Schaumburg V. Citizens For A Better Environment, 444 U.S. 620 (1980), Janet Jacobowitz

Florida State University Law Review

Constitutional Law-FREEDOM OF SPEECH-ORDINANCE RESTRICTING SOLICITATION OF FUNDS BY CHARITIES RESTRICTS FREEDOM OF SPEECH

The Poorly Financed Causes Of Little People: How Can They Survive The Multitude Of Regulations, 14 J. Marshall L. Rev. 319 (1981), Robert Goldsmith

UIC Law Review

No abstract provided.

Freedom Of Speech: The Case Of The "Corrupt" Campaign Promise, Martha Dugan Rehm

Kentucky Law Journal

No abstract provided.

Labor Law - Secondary Picketing - Buy Local Campaign At A Netural Business Violates Section 8(B)(4) Of The National Labor Relations Act, W. James Mckay

Villanova Law Review (1956 - )

No abstract provided.

Transforming The Privately Owned Shopping Center Into A Public Forum: Pruneyard Shopping Center V. Robins, James M. Mccauley

University of Richmond Law Review

A recent Supreme Court decision has affirmed a state's choice to provide its citizens access to privately owned shopping centers for the purpose of exercising free speech and petition rights. The United States Supreme Court in Pruneyard Shopping Center v. Robins held that state consitutional provisions permitting individuals to exercise free speech and petition rights on private shopping center property do not violate the shopping center owner's property rights under the fifth and fourteenth amendments or his free speech rights under the first and fourteenth amendments. There exists a delicate balance between the competing in- terests of the shopping center …

The First Amendment And The Cable Television Operator: An Unprotective Shield Against Public Access Requirements, Michael I. Meyerson

All Faculty Scholarship

This article focuses on the question of whether state-imposed public access requirements violate the First Amendment rights of the cable television operator. The author suggests that the appropriate analysis asks whether the law abridges expression the First Amendment was meant to protect. In other words, do cable access requirements abridge speech safeguarded by the First Amendment? The article demonstrates that such requirements do not hinder, but in fact further, fundamental First Amendment interests. Finally, the article shows that access requirements fulfill the standards of the constitutional tests for each classification into which they could be placed.

Categories And The First Amendment: A Play In Three Acts, Frederick Schauer

Faculty Publications

No abstract provided.

Silence As A Moral And Constitutional Right, Kent Greenawalt

Faculty Scholarship

Like the Fourth Amendment ban on unreasonable searches and seizures, the privilege against self-incrimination stands as a barrier to the government's acquisition of information about criminal activities. The moral analogue in private relations to the Fourth Amendment right is quite straightforward. One person should not rummage about the private spaces of another seeking signs of bad behavior unless he has very powerful reasons. The Fourth Amendment similarly limits the government, generally permitting searches only upon probable cause. The private moral analogue to the Fifth Amendment's right of silence is harder to identify, its analysis is more complex and the judgments …

Constitutional Law, Thomas E. Baker

Faculty Publications

This 1981 article discusses principles of federal constitutional law. Professor Baker notes that the constitutional decisions of the courts of appeals will continue to increase in number and importance as the burgeoning federal caseload grows. Professor Baker analyzes how the Fifth Circuit dealt with constitutional principles in the year preceding the article. The article commences with a discussion of cases dealing with justiciability issues. The justiciability issues discussed include standing, mootness, advisory opinions, political questions, ripeness, and Eleventh Amendment issues. Next, Professor Baker discusses cases construing the Commerce Clause. Next, the article discusses cases dealing with due process issues, both …

The Public, The Media And The Criminal Defendant: Access To Courtrooms Prevails Over Fears Of Prejudicial Publicity, W. Martine Harrell

West Virginia Law Review

No abstract provided.

Bernard V. Gulf Oil Co., 619 F.2d 459 (5th Cir. 1980), Robert S. Cohen

Florida State University Law Review

Constitutional Law-FIRST AMENDMENT-PRIOR RESTRAINT-CLASS ACTIONS-SILENCE IS GOLDEN, BUT A RULE 23(d) JUDICIAL ORDER IS AN UNCONSTITUTIONAL PRIOR RESTRAINT ON SPEECH

The First Amendment And The Free Press: A Comment On Some New Trends And Some Old Theories, William W. Van Alstyne

Faculty Publications

Responding to the trend of media rights being subjugated through the legal process, this article examines Justice Stewart's suggestion that the media should be treated with extra deference in First Amendment cases. This examination looks at the sufficiency of the press's claim of judicial harshness, whether the press should be treated differently than other speakers, and also compares press freedom in foreign nations.

Government Speech, Steven H. Shiffrin

Cornell Law Faculty Publications

Constitutional Law - Attorneys' Right To Free Speech Versus Protection Of Fair Trial - Dr 7-107 Restricting Attorneys' Speech During Pending Litigation Only Constitutional To Protect Criminal Jury Trial From Reasonable Likelihood Of Prejudice, Eugene Hamill

Villanova Law Review (1956 - )

No abstract provided.

Federal Communications Commission - Fairness Doctrine - Requirement That A Fairness Doctrine Complaint Establish A Prima Facie Case Defining A Specific Issue, Doris Del Tosto

Villanova Law Review (1956 - )

No abstract provided.

Fighting Words As Free Speech, Stephen W. Gard

Law Faculty Articles and Essays

It is now settled that "above all else, the first amendment means that government has no power to restrict expression because of its message, its ideas, its subject matter, or its content." Despite the universal acceptance of this general principle, the United States Supreme Court has created several exceptions. In appropriate cases libel, obscenity, commercial speech, and offensive language may be censored without contravention of the first amendment guarantee of freedom of expression. The source of each of these exceptions to the general principle of governmental neutrality regarding the content of expression is Chaplinsky v. New Hampshire.

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.

Stone V. Graham: A Fragile Defense Of Individual Religious Autonomy, J. David Smith Jr.

Kentucky Law Journal

No abstract provided.

Constitutional Law: Dubious Intrusions--Peynote, Drug Laws, And Religious Freedom, John T. Doyle

American Indian Law Review

No abstract provided.

Reassessing The First Amendment And The Public's Right To Know In Constitutional Adjudication, David M. O'Brien

Villanova Law Review (1956 - )

No abstract provided.

Nathaniel Goldstein Memorial Lecture, Murray I. Gurfein

Cardozo Law Review

No abstract provided.

The First Amendment And The Free Press: A Comment On Some New Trends And Some Old Theories, William W. Van Alstyne

Faculty Scholarship

Responding to the trend of media rights being subjugated through the legal process, this article examines Justice Stewart's suggestion that the media should be treated with extra deference in First Amendment cases. This examination looks at the sufficiency of the press's claim of judicial harshness, whether the press should be treated differently than other speakers, and also compares press freedom in foreign nations.

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.

Supreme Court Case Files

No abstract provided.