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Articles 601 - 630 of 649

Full-Text Articles in First Amendment

Bob Jones University V. United States, Lewis Powell Jr. Oct 1982

Bob Jones University V. United States, Lewis Powell Jr.

Supreme Court Case Files

No abstract provided.


Mueller V. Allen, Lewis F. Powell Jr. Oct 1982

Mueller V. Allen, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Protecting The Free Speech Rights Of Insurgent Teachers' Unions: Evaluating The Constitutionality Of Exclusive Access To School Communications Facilities, Stephen E. Woodbury Apr 1982

Protecting The Free Speech Rights Of Insurgent Teachers' Unions: Evaluating The Constitutionality Of Exclusive Access To School Communications Facilities, Stephen E. Woodbury

University of Michigan Journal of Law Reform

Part I examines the traditional and limited public forum doctrines designed to guarantee speakers a right of access to public places, and finds these theories inadequate in the school union setting. Part II explores a recent addition to the free speech/equal protection analysis: the content neutrality doctrine. This doctrine mandates that when a school board allows one union to express its viewpoints, a duty is created to provide equivalent access to all unions, absent a compelling state interest. Part III reviews several justifications for limiting non-EBA access, and finds most of them without merit and none of them adequate to …


Teaching The Theories Of Evolution And Scientific Creationism In The Public Schools: The First Amendment Religion Clauses And Permissible Relief, J. Greg Whitehair Jan 1982

Teaching The Theories Of Evolution And Scientific Creationism In The Public Schools: The First Amendment Religion Clauses And Permissible Relief, J. Greg Whitehair

University of Michigan Journal of Law Reform

This Note explores the propriety of teaching the theory of evolution and the scientific creation model in public elementary and secondary schools. Part I discusses the powers of the state and its political subdivisions to set public school policy and curriculum content and the extent to which those powers are circumscribed by the religion clauses of the first amendment. Part I concludes that the religion clauses permit the teaching of evolutionary theory in public schools. Part II examines the variety of judicial and legislative relief potentially available to creationists where the teaching of evolution theory interferes with their religious beliefs …


Board Of Education, Island Trees Union Free School District No. 26 V. Pico By Pico, Lewis F. Powell, Jr. Oct 1981

Board Of Education, Island Trees Union Free School District No. 26 V. Pico By Pico, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.


A Restatement Of The Intended Meaning Of The Establishment Clause In Relation To Education And Religion, John Remington Graham May 1981

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.


Free Speech Rights Of Public School Teachers: A Proposed Balancing Test, Janis L. Reynolds Jan 1981

Free Speech Rights Of Public School Teachers: A Proposed Balancing Test, Janis L. Reynolds

Cleveland State Law Review

This Note will advocate that freedom of speech should be extended to public school teachers, in the sense of curricular and extracurricular activities. As recent federal cases have held, the teacher is to be treated no differently from other citizens regarding free speech matters.


Teacher Dismissal: A View From Mount Healthy, E. Gordon Gee May 1980

Teacher Dismissal: A View From Mount Healthy, E. Gordon Gee

BYU Law Review

No abstract provided.


Nathaniel Goldstein Memorial Lecture, Murray I. Gurfein Jan 1980

Nathaniel Goldstein Memorial Lecture, Murray I. Gurfein

Cardozo Law Review

No abstract provided.


Committee For Public Education And Religious Liberty V. Regan, Lewis F. Powell Jr. Oct 1979

Committee For Public Education And Religious Liberty V. Regan, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Secular Control Of Non-Public Schools, Carl L. Fletcher Jr. Sep 1979

Secular Control Of Non-Public Schools, Carl L. Fletcher Jr.

West Virginia Law Review

No abstract provided.


A Dubious Neutrality: The Establishment Of Secularism In The Public Schools, Paul James Toscano May 1979

A Dubious Neutrality: The Establishment Of Secularism In The Public Schools, Paul James Toscano

BYU Law Review

No abstract provided.


Conscientious Objection To Public Education: The Grievance And The Remedies, Charles E. Rice Nov 1978

Conscientious Objection To Public Education: The Grievance And The Remedies, Charles E. Rice

BYU Law Review

No abstract provided.


Government Aid To Church-Related Education : An Alternative Rationale Sep 1978

Government Aid To Church-Related Education : An Alternative Rationale

BYU Law Review

No abstract provided.


The First Amendment, High School Students, And The Possibility Of Psychological Harm: Trachtman V. Anker, Deborah F. Peters Apr 1978

The First Amendment, High School Students, And The Possibility Of Psychological Harm: Trachtman V. Anker, Deborah F. Peters

Buffalo Law Review

No abstract provided.


Bakke Revisited - What The Court's Decision Means - And Doesn't Mean, Douglas D. Scherer Jan 1978

Bakke Revisited - What The Court's Decision Means - And Doesn't Mean, Douglas D. Scherer

Scholarly Works

No abstract provided.


Regulation Of Fundamentalist Christian Schools: Free Exercise Of Religion V. The State's Interest In Quality Education, Michael D. Baker Jan 1978

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.


New York V. Cathedral Academy, Lewis F. Powell Jr. Oct 1977

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

Supreme Court Case Files

No abstract provided.


Wolman V. Walters, Lewis F. Powell Jr. Oct 1976

Wolman V. Walters, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Mt. Healthy City School District Board Of Education V. Doyle, Lewis F. Powell, Jr. Oct 1976

Mt. Healthy City School District Board Of Education V. Doyle, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.


School Books, Lesson Plans, And The Constitution, Frederick F. Schauer May 1976

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

West Virginia Law Review

No abstract provided.


Meek V. Pittinger, Lewis F. Powell, Jr. Oct 1974

Meek V. Pittinger, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.


The Campus Press: A Dysfunctional Entity, Albert N. Whiting Oct 1974

The Campus Press: A Dysfunctional Entity, Albert N. Whiting

North Carolina Central Law Review

No abstract provided.


The Supreme Court, Compulsory Education, And The First Amendment's Religion Clauses, Philip B. Kurland Apr 1973

The Supreme Court, Compulsory Education, And The First Amendment's Religion Clauses, Philip B. Kurland

West Virginia Law Review

No abstract provided.


Papish V. Board Of Curators Of The University Of Missouri, Lewis F. Powell, Jr. Oct 1972

Papish V. Board Of Curators Of The University Of Missouri, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.


Lemon V. Kurtzman, Lewis F. Powell Jr. Oct 1972

Lemon V. Kurtzman, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Parochiad And Prayer: A Perplexing Problem, William R. Fifner Jan 1972

Parochiad And Prayer: A Perplexing Problem, William R. Fifner

Cleveland State Law Review

This paper is limited to a chronological examination of decisions of the United States Supreme Court involving aid to parochial education, an exploration of possible future aids, and inquiry into the question whether the extent of present aid and of possible future aid indicates that parochial schools and the general public are, or will be, on a collision course with respect to the free exercise of religion.


Excessive Entaglements: A New Dimension To The Parochial Aid Controversy Under The First Amendment, Terence T. O'Meara Jan 1972

Excessive Entaglements: A New Dimension To The Parochial Aid Controversy Under The First Amendment, Terence T. O'Meara

Loyola University Chicago Law Journal

No abstract provided.


Flag Salute, Patriotic Exercises, And Students’ Rights, William A. Kaplin, Edward P. Jesella Jr. Jan 1972

Flag Salute, Patriotic Exercises, And Students’ Rights, William A. Kaplin, Edward P. Jesella Jr.

Scholarly Articles

The public school system is the major American social institution responsible for the transmission of our democratic heritage to present and future generations. In fulfilling this responsibility, the schools often confront problems involving their duty to inculcate students with a sense of patriotism. Probably the most controversial questions have concerned compulsory flag saluting and participation in patriotic exercises. Can a school demand that students salute the flag?

Questions such as this arise under circumstances where students, allegedly exercising First Amendment rights, clash with school authorities engaged in the promulgation and enforcement of school rules. This interplay of educational order and …


Prayer Amendment: A Justification, Charles E. Rice Jan 1972

Prayer Amendment: A Justification, Charles E. Rice

Journal Articles

It is customary for each house of Congress to open its daily sessions with prayer delivered by its Chaplain. One might conclude that if the lawmakers of the nation are entitled to ask for divine blessing upon their work, so are the rest of us, including school children. Not so. For the Supreme Court of the United States has drawn the line. Legislators may pray, so far at least, but school children may not. Thus it was that the courts intervened to prevent the holding of "a period for the free exercise of religion" in the Netcong, New Jersey, public …