First Amendment Commons^™

Power, The Establishment Clause, And Vouchers, Marci A. Hamilton

Articles

No abstract provided.

The Leonard Jeffries Problem: Public University Professor/Administrators, Controversial Speech, And Constitutional Protection For Public Employees, Michael J. Sherman

Loyola University Chicago Law Journal

No abstract provided.

Choppy Waters Are Forecast For Academic Free Speech, Rachel E. Fugate

Florida State University Law Review

No abstract provided.

The Collision Of Rights In Violence-Conducive Speech, Frederick M. Lawrence

Cardozo Law Review

No abstract provided.

The Pentagon Papers Case And The Path Not Taken: A Personal Memoir On The First Amendment And The Separation Of Powers, Joel M. Gora

Cardozo Law Review

No abstract provided.

City Of Boerne V. Flores: A Landmark For Structural Analysis, Marci A. Hamilton

Articles

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Establishment Of Religion, Court Of Appeals: Grumet V. Cuomo

Touro Law Review

No abstract provided.

The Best Of Both Worlds: Financing Software Filters For The Classroom And Avoiding First Amendment Liability, 16 J. Marshall J. Computer & Info. L. 659 (1998), Peter G. Drever Iii

UIC John Marshall Journal of Information Technology & Privacy Law

As the Internet expands, educational institutions have become interested in the medium for the purpose of expanding learning opportunities. Information that may be objectionable to some members of the community, however, would then be available to children in schools with Internet access. Attempts to regulate the content of the Internet have yet to pass a First Amendment challenge. Concern over what children will be exposed to when the Internet is introduced in the classroom is currently being addressed by educators and legislators alike. The Communications Decency Act was the first to attempt to address the issue of Internet access in …

Of Pandas, People, And The First Amendment: The Constitutionality Of Teaching Intelligent Design In The Public Schools, Jay D. Wexler

Faculty Scholarship

Despite the Supreme Court's 1987 decision in Edwards v. Aguillard, striking down Arkansas' statute requiring equal time for the teaching of creationism and evolution, the debate over whether some form of creationism should be taught in public schools has recently enjoyed a resurgence. In this note, Jay Wexler applies the Supreme Court's Establishment Clause to a new variant of creationism that posits the existence of an intelligent designer as an alternative to evolution. Wexler argues that teaching intelligent design theory in the public schools violates the Establishment Clause. After explaining that the Supreme Court has always applied the Establishment Clause …

Free Speech Faces Hostile Environment: An Aggressive Hunt For Sex Harassment Leaves Plenty Of Wreckage, Kenneth Lasson

All Faculty Scholarship

Take the case of James Maas, who has been teaching at Cornell University for more than 30 years and whose Psychology 101 is perhaps the largest undergraduate course in the country (attracting about 1,000 students every semester). He was won numerous teaching awards. In 1994, Mr. Maas was called before Cornell's "Professional Ethics Committee" to defend himself against charges of sexual harassment. The allegations centered around his "overly friendly and affectionate behavior" - which, it turns out, were hugs and occasional social kisses, most often in front of class or family.

The most notable example of a professor who stood …

God, Money, And Schools: Voucher Programs Impugn The Separation Of Church And State, 30 J. Marshall L. Rev. 1 (1996), Harlan A. Loeb, Debbie N. Kaminer

UIC Law Review

No abstract provided.

State V. Pendleton: Impermissible Delegations To Religious Institutions: Is Campbell University An Armed Church?, Stephen See

Campbell Law Review

This note will review the North Carolina Supreme Court's use and interpretation of Larkin and compare it with the interpretation of Larkin by other courts in cases that specifically follow Larkin.

Common Schools, Uncommon Values: Listening To The Voices Of Dissent, Rosemary C. Salomone

Faculty Publications

(Excerpt)

Education in America as we know it today draws its origins from the philosophical perspectives and political objectives of the common school reformers over a century ago. For them, mass education was a primary vehicle for defining ourselves as a nation. Schools would develop civic virtue and a national character through a shared set of values reflected in the school curriculum. The common school experience, offered to all regardless of social class or ethnic background, would assimilate the hordes of immigrants coming to our shores and meet the emerging needs of industrialization. Individuals across the economic spectrum, afforded education …

New Restrictions On Academic Free Speech: Jeffries V. Harleston Ii, Richard H. Hiers

UF Law Faculty Publications

Notwithstanding academic freedom's venerable and near-sacrosanct place among academicians in the United States today, the Supreme Court first accorded it constitutional status only in the 1950s. The Court did not recognize First Amendment speech rights of public employees generally until 1968. In subsequent years, the Court evolved two separate lines of cases: the one relating to, and generally protective of, academic freedom in public colleges and universities; the other, relating to the speech rights of public school teachers and public employees in other work contexts. The Supreme Court has yet to address the question whether the severely restrictive standards developed …

The Wall Crumbles: A Look At The Establishment Clause Rosenberger V. Rector & Visitors Of The University Of Virginia, Paul L. Hicks

West Virginia Law Review

No abstract provided.

The Ironic State Of Religious Liberty In America, Frederick Mark Gedicks

Mercer Law Review

The constitutionality of organized graduation or classroom prayer in public schools is an issue of continuing controversy in the United States. There are, of course, numerous policy arguments for and against allowing prayer in public schools, but I will be focusing on the constitutional issues and consequently will have rather less to say about policy. (I will disclose, however, that as a matter of policy, I think there are problems with public schools' organizing and sponsoring group prayer as part of graduation ceremonies or classroom activities; it would seem that Mr. Peck, Mr. Sekulow, and I all agree on that, …

Graduation Prayer After Lee V. Weisman: A Cautionary Tale, Stephen B. Pershing

Mercer Law Review

Loudoun County, Virginia, is a lush expanse of fields and rolling hills at the edge of the burgeoning Washington metropolis. Its growing population is heavily white, affluent, and Christian. In 1993, a year after the Supreme Court's decision in Lee v. Weisman, the county not surprisingly became an arena for the resurgence of a familiar prayer in America's public schools.

This Article tells the story of the Loudoun County graduation prayer litigation, and tries to set the case in context. It ponders doctrinal questions from an unabashedly separationist perspective, but it offers words of caution for both sides in the …

The Threat To The American Idea Of Religious Liberty, Robert S. Peck

Mercer Law Review

With the Supreme Court unlikely to overturn its public school prayer decisions, those who seek a greater religious presence in education have launched two complementary strategies intended to expand existing guarantees of school-related worship rights.

The first strategy is a renewed effort to pass a school prayer constitutional amendment utilizing the political muscle that conservative religious interests demonstrated in the 1994 elections and which resulted in the first Republican controlled Congress in forty years. The amendment movement dangerously attempts to authorize the use of government offices for purposes of religious indoctrination. Though previous efforts at authorizing public school prayer through …

Proposed Guidelines For Student Religious Speech And Observance In Public Schools, Jay Alan Sekulow, James Henderson, John Tuskey

Mercer Law Review

The First Amendment to the United States Constitution provides, "Congress shall make no law respecting an establishment of religion .... " The First Amendment also provides, "Congress shall make no law ... abridging the freedom of speech, or of the press.. ." Perhaps no question has so bedeviled American courts in this century as that of how to reconcile these two provisions in this nation's public schools. Questions that arise include: Does allowing students to pray, share their faith with other students, or even discuss their religion at the public schools constitute an "establishment of religion?" May public schools go …

Constitutional Law — "Words That Injure: Laws That Silence:" Campus Hate Speech Codes And The Threat To American Education, Jeanne M. Craddock

Florida State University Law Review

No abstract provided.

Frreedom Of Religion

Touro Law Review

No abstract provided.

A Nation Of Robots - The Unconstitutionality Of Public School Uniform Codes, 28 J. Marshall L. Rev. 645 (1995), Alyson Ray

UIC Law Review

No abstract provided.

Campus Speech Codes: The Threat To Liberal Education, 27 J. Marshall L. Rev. 709 (1994), Stephen Fleischer

UIC Law Review

No abstract provided.

The Death Of Graduation Prayer: The Parrot Sketch Redux, J. Alexander Tanford

Articles by Maurer Faculty

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Religion, The First Amendment, And Public Education, Warren A. Nord

Brigham Young University Journal of Public Law

No abstract provided.

Free Speech On College Campuses: Protecting The First Amendment In The Marketplace Of Ideas, Melanie A. Moore

West Virginia Law Review

No abstract provided.

Public Forum Doctrine And The Perils Of Categorical Thinking: Lessons From Lamb's Chapel, Rosemary C. Salomone

Faculty Publications

(Excerpt)

In recent years, the intersection of the Religion and Speech Clauses of the First Amendment has become increasingly controversial particularly in the context of public schooling. Religious group meetings, the distribution of religious literature, the discussion of religious themes, and the recitation of prayers at graduation ceremonies have all forced the courts to weigh and re-weigh the right to individual speech against the responsibility of the state to stay within the bounds of Establishment Clause doctrine. Several legal and political factors have fueled this debate. Although the Supreme Court has reaffirmed on several occasions the unconstitutionality of organized prayer …

Public Funds, Private Schools, And The Court: Legal Issues And Policy Consequences, Michael Heise

Cornell Law Faculty Publications

No abstract provided.

Progressive Free Speech And The Uneasy Case For Campus Hate Codes, Robert F. Nagel

Publications

No abstract provided.

Rhetorical Resonance And Constitutional Vision, W. Cole Durham Jr.

Cardozo Law Review

No abstract provided.