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Articles 391 - 420 of 482
Full-Text Articles in First Amendment
Privacy And Funeral Protests, Christina E. Wells
Privacy And Funeral Protests, Christina E. Wells
Faculty Publications
This article examines the free speech implications of funeral protest statutes. Enacted in response to the Westboro Baptist Church, whose members protest at funerals to spread their antigay message, such statutes restrict a broad array of peaceful expressive activity. This Article focuses on the states’ interest underlying these statutes - protecting mourners’ right to be free from unwanted intrusions while at funeral services. Few would argue against protecting funeral services from intrusive protests. These statutes, however, go far beyond that notion and protect mourners from offensive, rather than intrusive, protests. As such, they do not conceive of privacy as protection …
The Concerto The Without Sheet Music: Revisiting The Debate Over First Amendment Protection For Information Gathering, Anthony L. Fargo
The Concerto The Without Sheet Music: Revisiting The Debate Over First Amendment Protection For Information Gathering, Anthony L. Fargo
University of Arkansas at Little Rock Law Review
No abstract provided.
Concurring In Part & Concurring In The Confusion, Sonja R. West
Concurring In Part & Concurring In The Confusion, Sonja R. West
Scholarly Works
When a federal appellate court decided last year that two reporters must either reveal their confidential sources to a grand jury or face jail time, the court did not hesitate in relying on the majority opinion in the Supreme Court's sole comment on the reporter's privilege--Branzburg v. Hayes. "The Highest Court has spoken and never revisited the question. Without doubt, that is the end of the matter," Judge Sentelle wrote for the three-judge panel on the Circuit Court of Appeals for the District of Columbia. By this declaration, the court dismissed with a wave of its judicial hand the arguments …
Putting Religious Symbolism In Context: A Linguistic Critique Of The Endorsement Test, B. Jessie Hill
Putting Religious Symbolism In Context: A Linguistic Critique Of The Endorsement Test, B. Jessie Hill
Michigan Law Review
The treatment of Establishment Clause challenges to displays of religious symbolism by the Supreme Court and the lower courts is notoriously unpredictable: a crèche is constitutionally acceptable if it is accompanied by a Santa Claus house and reindeer, a Christmas tree, and various circus figures, but unacceptable if it is accompanied by poinsettias, a "peace tree," or a wreath, a tree, and a plastic Santa Claus. A menorah may be displayed next to a Christmas tree, or next to Kwanzaa symbols, Santa Claus, and Frosty the Snowman, but not next to a crèche and a Christmas tree. A number of …
Balancing A Burning Cross: The Court And Virginia V. Black, 38 J. Marshall L. Rev. 1205 (2005), Jason A. Abel
Balancing A Burning Cross: The Court And Virginia V. Black, 38 J. Marshall L. Rev. 1205 (2005), Jason A. Abel
UIC Law Review
No abstract provided.
Regulating The Regulators: The Impact Of Fda Regulation On Corporations' First Amendment Rights, 39 J. Marshall L. Rev. 95 (2005), Lisa M. Fealk-Stickler
Regulating The Regulators: The Impact Of Fda Regulation On Corporations' First Amendment Rights, 39 J. Marshall L. Rev. 95 (2005), Lisa M. Fealk-Stickler
UIC Law Review
No abstract provided.
Public Availability Or Practical Obscurity: The Debate Over Public Access To Court Records On The Internet, Arminda Bradford Bepko
Public Availability Or Practical Obscurity: The Debate Over Public Access To Court Records On The Internet, Arminda Bradford Bepko
NYLS Law Review
No abstract provided.
In Cases Involving Sites Of Religious Significance, Plaintiffs Will Fall In The Gap Of Judicial Deference That Exists Between The Religion Clauses Of The First Amendment, Jeff Pinter
American Indian Law Review
No abstract provided.
Reconciling Data Privacy And The First Amendment, Neil M. Richards
Reconciling Data Privacy And The First Amendment, Neil M. Richards
Scholarship@WashULaw
This article challenges the First Amendment critique of data privacy regulation–the claim that data privacy rules restrict the dissemination of truthful information and thus violate the First Amendment. The critique, which is ascendant in privacy discourse, warps legislative and judicial processes by constitutionalizing information policy. Rejection of the First Amendment critique is justified on three grounds. First, the critique mistakenly equates privacy regulation with speech regulation. Building on scholarship examining the boundaries of First Amendment protection, this article suggests that speech restrictions in a wide variety of commercial contexts have never been thought to trigger heightened First Amendment scrutiny, refuting …
The Pluralistic Foundations Of The Religion Clauses, Steven H. Shiffrin
The Pluralistic Foundations Of The Religion Clauses, Steven H. Shiffrin
Cornell Law Faculty Publications
Contemporary Supreme Court interpretations suggest that the religion clauses are primarily rooted in the value of equality. The United States Supreme Court has argued that in the absence of discrimination against religion (or the presence of other constitutional values), there is no violation of the Free Exercise Clause when a statute inadvertently burdens religion. Similarly, equality values have played a strong role in the Court's Establishment Clause jurisprudence. Many distinguished commentators have pointed to the equality focus and have argued that it gives insufficient attention to the value of religious liberty. Professor Shiffrin argues that these commentators are right in …
Forfeiting Liberty: A Collective Sense Of Vulnerability And The Need For Proactive Protection After 9/11, Ally Hack
Cardozo Public Law, Policy & Ethics Journal
The note argues that the post-9/11 era has seen a significant erosion of civil liberties, particularly for Arab-Americans and Muslims, drawing parallels to historical episodes of national fear and paranoia, such as Japanese internment during World War II and McCarthyism. It contends that the U.S. response to the attacks, including the expansion of surveillance and detention powers under the USA PATRIOT Act, threatens First Amendment rights and democratic values. The analysis emphasizes the importance of protecting civil liberties and maintaining open debate, even during times of crisis, to ensure a stable and just society.
Finding Religion For The First Amendment, 38 J. Marshall L. Rev. 469 (2004), Troy L. Booher
Finding Religion For The First Amendment, 38 J. Marshall L. Rev. 469 (2004), Troy L. Booher
UIC Law Review
No abstract provided.
Rethinking Campaign-Finance Reform: The Pressing Need For Deregulation And Disclosure, 38 J. Marshall L. Rev. 633 (2004), Cecil C. Kuhne Iii
Rethinking Campaign-Finance Reform: The Pressing Need For Deregulation And Disclosure, 38 J. Marshall L. Rev. 633 (2004), Cecil C. Kuhne Iii
UIC Law Review
No abstract provided.
Hate Speech In Constitutional Jurisprudence: A Comparative Analysis, Michel Rosenfeld
Hate Speech In Constitutional Jurisprudence: A Comparative Analysis, Michel Rosenfeld
Cardozo Law Review
No abstract provided.
Behind The Words: Interpreting The Hobbs Act Requirement Of "Obtaining Of Property From Another", 36 J. Marshall L. Rev. 295 (2003), Kristal S. Stippich
Behind The Words: Interpreting The Hobbs Act Requirement Of "Obtaining Of Property From Another", 36 J. Marshall L. Rev. 295 (2003), Kristal S. Stippich
UIC Law Review
No abstract provided.
Six Opinions By Mr. Justice Stevens: A New Methodology For Constitutional Cases?, Robert F. Nagel
Six Opinions By Mr. Justice Stevens: A New Methodology For Constitutional Cases?, Robert F. Nagel
Publications
No abstract provided.
Veil Of Secrecy: Public Executions, Limitations On Reporting Capital Punishment, And The Content-Based Nature Of Private Execution Laws, Nicholas Levi
Veil Of Secrecy: Public Executions, Limitations On Reporting Capital Punishment, And The Content-Based Nature Of Private Execution Laws, Nicholas Levi
Federal Communications Law Journal
One issue that is often overlooked in the capital punishment debate is the policy to shield the public from the specifics of the application, administration, and resolution of the death sentence. First, this Note provides a brief historical and analytical account of capital punishment in this country, and ultimately argues that this historical backdrop forces courts to characterize regulations as content-based distinctions on free speech. Second, this Note provides a background of the methods of capital punishment from the time of the country's founding through the early parts of the twentieth century. Furthermore, this Note will address the emergence of …
Digitized Pornography Meets The First Amendment, Eric M. Freedman
Digitized Pornography Meets The First Amendment, Eric M. Freedman
Cardozo Law Review
No abstract provided.
Child Pornography In A Virtual World: The Continued Battle To Preserve The Child Pornography Prevention Act Of 1996, Vincent Mccarthy
Child Pornography In A Virtual World: The Continued Battle To Preserve The Child Pornography Prevention Act Of 1996, Vincent Mccarthy
Cardozo Law Review
No abstract provided.
Religion, The Rule Of Law, And The Good Of The Whole: A View From The Clergy, Marci A. Hamilton
Religion, The Rule Of Law, And The Good Of The Whole: A View From The Clergy, Marci A. Hamilton
Articles
No abstract provided.
Effectuating Censorship: Civic Republicanism And The Secondary Effects Doctrine, 35 J. Marshall L. Rev. 189 (2002), Brandon K. Lemley
Effectuating Censorship: Civic Republicanism And The Secondary Effects Doctrine, 35 J. Marshall L. Rev. 189 (2002), Brandon K. Lemley
UIC Law Review
No abstract provided.
Freedom Of The Private-University Student Press: A Constitutional Proposal, 36 J. Marshall L. Rev. 139 (2002), Brian J. Steffen, John E. Ferguson
Freedom Of The Private-University Student Press: A Constitutional Proposal, 36 J. Marshall L. Rev. 139 (2002), Brian J. Steffen, John E. Ferguson
UIC Law Review
No abstract provided.
Reflecting On The Virtual Child Porn Decision, 36 J. Marshall L. Rev. 211 (2002), David L. Hudson
Reflecting On The Virtual Child Porn Decision, 36 J. Marshall L. Rev. 211 (2002), David L. Hudson
UIC Law Review
No abstract provided.
Jefferson And Madison As Icons In Judicial History: A Study Of Religion Clause Jurisprudence, David Reiss
Jefferson And Madison As Icons In Judicial History: A Study Of Religion Clause Jurisprudence, David Reiss
Faculty Scholarship
No abstract provided.
The Courts' Inconsistent Treatment Of Bethel V. Fraser And The Curtailment Of Student Rights, 36 J. Marshall L. Rev. 181 (2002), David L. Hudson
The Courts' Inconsistent Treatment Of Bethel V. Fraser And The Curtailment Of Student Rights, 36 J. Marshall L. Rev. 181 (2002), David L. Hudson
UIC Law Review
No abstract provided.
Miranda, The Constitution, And Congress, David A. Strauss
Miranda, The Constitution, And Congress, David A. Strauss
Michigan Law Review
Are Miranda warnings required by the Constitution, or not? If they are, why has the Supreme Court repeatedly said that the rights created by Miranda are "not themselves rights protected by the Constitution"? If not, why can't an Act of Congress, such as 18 U.S.C. 3501, declare them to be unnecessary? These were the central questions posed by United States v. Dickerson. It is not clear that the majority opinion ever really answered them. The majority said that "Miranda is constitutionally based," that Miranda has "constitutional underpinnings," that Miranda is "a constitutional decision," and that Miranda "announced a constitutional rule." …
Introduction: The Difficult First Amendment, Christina E. Wells
Introduction: The Difficult First Amendment, Christina E. Wells
Faculty Publications
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for redress of grievances.
First Amendment—Campaign Finance Reform—The Supreme Court Halts The Eighth Circuit's Invalidation Of State Campaign Contribution Limits. Nixon V. Shrink Missouri Government Political Action Committee, 120 S. Ct. 897 (2000)., Erin Buford Vinett
University of Arkansas at Little Rock Law Review
No abstract provided.
Schmitt Reads Marx, Jorge E. Dotti
Resolving Tensions Between Copyright And The Internet, Walter Effross
Resolving Tensions Between Copyright And The Internet, Walter Effross
Scholarly Articles in Law Reviews & Journals
No abstract provided.