First Amendment Commons^™

Recent Cases, Robert E. Banta, Oby T. Brewer, Iii, Cornelia A. Clark, I. Terry Currie, Douglas W. Ey, Jr.

Vanderbilt Law Review

Constitutional Law-First Amendment-School Authorities May Prohibit High School Student's Distribution of Sex Questionnaire to Prevent Possible Psychological Harm to Other Students Robert Edward Banta

Plaintiff, editor of a high school publication,' brought suit in federal court seeking an order compelling defendant school officials to allow the student publication to distribute a sex questionnaire,to students in the high school and to publish the results. Plaintiff claimed that defendants had not shown that the planned distribution would disrupt school activities and that, therefore, defendants'prohibition of the questionnaire violated 42 U.S.C. § 19831 and the first and fourteenth amendments. Pointing to potential psychological …

Federalism And Obscenity, Robert M. O'Neil

Articles by Maurer Faculty

No abstract provided.

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

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 …

Regulation Of Fundamentalist Christian Schools: Free Exercise Of Religion V. The State's Interest In Quality Education, Michael D. Baker

Kentucky Law Journal

No abstract provided.

Media Reporting And Privacy Claims--Decline In Constitutional Protection For The Press, Gerald G. Ashdown

Kentucky Law Journal

No abstract provided.

Standing Up For Flast: Taxpayer And Citizen Standing To Raise Constitutional Issues, David S. Bogen

Kentucky Law Journal

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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 - )

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The Mobius Strip Of The First Amendment: Perspectives On Red Lion, William W. Van Alstyne

Faculty Publications

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Fear, Risk And The First Amendment: Unraveling The Chilling Effect, Frederick Schauer

Faculty Publications

No abstract provided.

Zoning Obscenity: Or, The Moral Politics Of Porn, Norman Marcus

Buffalo Law Review

No abstract provided.

New York V. Cathedral Academy, Lewis F. Powell Jr.

Supreme Court Case Files

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Media Lability For Libel Of Newsworthy Persons: Before And After Time, Inc. V. Firestone, Thomas E. Wheeler, Jr.

Florida State University Law Review

No abstract provided.

Civilizing Pornography: The Case For An Exclusive Obscenity Nuisance Statute, Doug R. Rendleman

Faculty Publications

Criminal penalties are increasingly perceived to be too severe for regulating obscenity. Professor Rendleman shares this perception and suggests that we replace criminal obscenity laws with an exclusive civil sanction utilizing injunctions. He proposes a comprehensive nuisance statute and discusses the various issues that arise in the equitable regulation of pornography.

Constitutional Law - Obscenity - 1977 Amendments To The Pennsylvania Obscenity Statute, John P. Kopesky

Villanova Law Review (1956 - )

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Constitutional Law--Restricting The Application Of The Commercial Speech Doctrine, Stephen Lee Thompson

West Virginia Law Review

No abstract provided.

The Supreme Court And The Constitutional Rights Of Prisoners: A Reappraisal, Emily Calhoun

Publications

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Tenure Rights In Contractual And Constitutional Context, Ronald C. Brown

Faculty Publications

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Cracks In “The New Property”: Adjudicative Due Process In The Administrative State, William W. Van Alstyne

Faculty Publications

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The Hazards To The Press Of Claiming A “Preferred Position”, William W. Van Alstyne

Faculty Publications

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Recent Cases, Samuel E. Stumpf, Jr., M. Carolyn Barefield, Robert S. Reder, Stephen C. Morton, Randolph C. Coley

Vanderbilt Law Review

Noerr-Pennington Immunity for Joint Efforts to Influence Governmental Action - Intent to Cause Competitive Injury, Evidenced by Repeated, Baseless Opposition Before an Adjudicatory Body, Does Not Result in Loss of Noerr-Pennington Immunity Absent Specific Allegations of Conduct External to or Abusive of the Adjutory Processes

Samuel E. Stumpf, Jr.

Constitutional Law - First Amendment - Student's Right to Receive Information Precludes Board's Removal of Allegedly Offensive Books from High School Library

M. Carolyn Barefield

Constitutional Law-Search and Seizure - Federal Courts Are Bound by Federal Wiretapping Statutes and Will Not Exclude Evidence Seized by State Agents in Violation of More …

Buckley V. Valeo, Its Aftermath, And Its Prospects: The Constitutionality Of Government Restraints On Political Campaign Financing, Brice M. Clagett, John R. Bolton

Vanderbilt Law Review

The Supreme Court's decision in Buckley v. Valeo' undoubtedly will be the forerunner of many future decisions dealing with the complex area of political campaign finance and thus will exert a profound influence on the structure of American politics. From a broader perspective, the decision significantly applies fundamental constitutional law doctrines concerning the first amendment and separation of powers. Accordingly, a clear understanding of what the Court did and did not do in Buckley is essential to any further legislative or judicial initiatives in the regulation of political activity. This article will examine the Court's holdings in Buckley, describe the …

Wooley V. Maynard, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Constitutional Law--Legislative Immunity Outweighs First Amendment Rights, John J. Copelan Jr.

Mercer Law Review

In Eastland v. United States Servicemen's Fund the United States Supreme Court held that even in the face of an alleged infringement of first amendment rights, when a Senate subcommittee's activity falls within the "legitimate legislative sphere," the speech or debate clause of the United States Constitution protects the activities of the subcommittee, the individual senators and the chief counsel, thereby prohibiting judicial interference to enjoin a subpoena issued by the subcommittee.

School Books, Lesson Plans, And The Constitution, Frederick F. Schauer

West Virginia Law Review

No abstract provided.

Personality Testing By The Schools: A Possible Invasion Of Privacy, Angelika Hoyman

IUSTITIA

Contemporary critics, concerned with the maintenance of personal privacy, have termed the use of personality tests a "white glove rack and screw" . Monroe H. Freedman, Dean of Hofstra University School of Law, while testifying before a congressional subcommittee, compared the use of psychological tests to the administration of truth serums and found both to be an affront to personal dignity.

Nevertheless, the 1960's witnessed a three-fold increase in the number of school counselors employed in most schools and a nation-wide survey of these counselors indicated that at least one-third of their time was spent in dealing with the personal …

Topless Dancing And The Constitution: A New York Town's Experience, Andrew C. Spacone

Buffalo Law Review

No abstract provided.

Constitutional Law--Libel And Slander--Defamation Of Political Candidates, David John Romano

West Virginia Law Review

No abstract provided.

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

Faculty Scholarship

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Picketing And Freedom Of Speech: Comes The Evolution, 10 J. Marshall J. Prac. & Proc. 1 (1976), Jesse I. Etelson

UIC Law Review

No abstract provided.