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Articles 811 - 840 of 953
Full-Text Articles in First Amendment
Equality And Freedom Of Speech (Eighteenth Annual Law Review Symposium: Demise Of The First Amendment? Focus On Rico And Hate Crime Litigation), Terrance Sandalow
Equality And Freedom Of Speech (Eighteenth Annual Law Review Symposium: Demise Of The First Amendment? Focus On Rico And Hate Crime Litigation), Terrance Sandalow
Other Publications
The editors responsible for today's symposium have posed an alarming question: whether we are witnessing the demise of the First Amendment. I want to dispel at the outset any anxiety the question may have aroused. The First Amendment is alive and well; indeed, it is thriving. I believe, though I cannot prove, that public respect for the values it expresses has never been greater than it has been in recent years. Whether or not I am correct in that belief, however, it is certain that constitutional protections against governmental efforts to limit speech and other forms of expressive activity are …
Section 6: First Amendment, Institute Of Bill Of Rights Law, William & Mary Law School
Section 6: First Amendment, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Public Forum Doctrine And The Perils Of Categorical Thinking: Lessons From Lamb's Chapel, Rosemary C. Salomone
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 …
Voice In Government: The People, Emily Calhoun
Section 3: Free Speech And Press, Institute Of Bill Of Rights Law, William & Mary Law School
Section 3: Free Speech And Press, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Starting From Scratch: The First Amendment Reporter-Source Privilege And The Doctrine Of Incidental Restrictions, Marcus A. Asner
Starting From Scratch: The First Amendment Reporter-Source Privilege And The Doctrine Of Incidental Restrictions, Marcus A. Asner
University of Michigan Journal of Law Reform
This Note examines reporters' claims to a First Amendment reporter-source privilege in light of First Amendment doctrine as a whole. Part I briefly explains the current state of reporter-source privileges and the policies behind them. Part II then attempts to identify doctrinal support for the press's claim to a First Amendment privilege. Part II rejects the notion that the First Amendment affords special protection to the press as an institution. A reporter's status as a member of the institutional media is not irrelevant, however, and the well-established principle that the government may not target or single out the press for …
Strangers On A Train, Peirre N. Leval
Strangers On A Train, Peirre N. Leval
Michigan Law Review
A Review of Make No Law: The Sullivan Case and the First Amendment by Anthony Lewis
Girls Lean Back Everywhere: The Law Of Obscenity And The Assault On Genius, Anne E. Gilson
Girls Lean Back Everywhere: The Law Of Obscenity And The Assault On Genius, Anne E. Gilson
Michigan Law Review
A Review of Girls Lean Back Everywhere: The Law of Obscenity and the Assault on Genius by Edward de Grazia
Souring On Lemon: The Supreme Court's Establishment Clause Doctrine In Transition, Roald Y. Mykkeltvedt
Souring On Lemon: The Supreme Court's Establishment Clause Doctrine In Transition, Roald Y. Mykkeltvedt
Mercer Law Review
In his opinion for the Court in the landmark case of Everson v. Board of Education, Justice Black held that the Establishment Clause of the First Amendment erected a high and impregnable "wall of separation" between church and state. Relying primarily on the writings of James Madison and Thomas Jefferson to discern the intentions of the framers, Justice Black maintained that, at the very least, the establishment proscription meant that
rn]either a state nor the Federal Government .. .can pass laws which aid one religion, aid all religions, or prefer one religion over another .... No tax in any …
In Re Holtzman: Free Speech Or Professional Misconduct?, David W. Wright
In Re Holtzman: Free Speech Or Professional Misconduct?, David W. Wright
Touro Law Review
No abstract provided.
The Importance Of A Contextual Approach To Libel Law: The Impact Of Immuno Ag. V. Moor-Jankowski And Milkovich V. Lorain Journal Co., Margaret Chan
The Importance Of A Contextual Approach To Libel Law: The Impact Of Immuno Ag. V. Moor-Jankowski And Milkovich V. Lorain Journal Co., Margaret Chan
Touro Law Review
No abstract provided.
There Goes The Neighborhood: The Evolution Of "Family" In Local Zoning Ordinances, William Graham
There Goes The Neighborhood: The Evolution Of "Family" In Local Zoning Ordinances, William Graham
Touro Law Review
No abstract provided.
Silence And The Word, Paul Campos
Advocacy And Scholarship, Paul F. Campos
Advocacy And Scholarship, Paul F. Campos
Publications
The apex of American legal thought is embodied in two types of writings: the federal appellate opinion and the law review article. In this Article, the author criticizes the whole enterprise of doctrinal constitutional law scholarship, using a recent U.S. Supreme Court case and a Harvard Law Review article as quintessential examples of the dominant genre. In a rhetorical tour de force, the author argues that most of modern constitutional scholarship is really advocacy in the guise of scholarship. Such an approach to legal scholarship may have some merit as a strategic move towards a political end; however, it has …
The First Americans And The "Free" Exercise Of Religion, Martin C. Loesch
The First Americans And The "Free" Exercise Of Religion, Martin C. Loesch
American Indian Law Review
No abstract provided.
Section 4: Moot Court: Church Of The Lukumi Babulu Aye V. City Of Hialeah, Institute Of Bill Of Rights Law, William & Mary Law School
Section 4: Moot Court: Church Of The Lukumi Babulu Aye V. City Of Hialeah, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Abrams V. United States: Remembering The Authors Of Both Opinions, James F. Fagan Jr.
Abrams V. United States: Remembering The Authors Of Both Opinions, James F. Fagan Jr.
Touro Law Review
No abstract provided.
Freedom Of Speech And The Press
Freedom Of Speech And The Press
The Supreme Court And The First Amendment: The 1991-1992 Term, Elliot M. Mincberg
The Supreme Court And The First Amendment: The 1991-1992 Term, Elliot M. Mincberg
NYLS Journal of Human Rights
No abstract provided.
Freedom Of Speech And The Press
Freedom Of Speech And The Press
Free Speech And School Governance In The Wake Of Hazelwood, Rosemary C. Salomone
Free Speech And School Governance In The Wake Of Hazelwood, Rosemary C. Salomone
Faculty Publications
(Excerpt)
The Supreme Court's 1988 decision in Hazelwood School District v. KuhImeier upholding public school officials' authority to censor material in a high school student newspaper sent immediate shock waves throughout the educational and legal communities. The Court's sweeping language in Hazelwood moved far beyond the narrow issue of school newspaper censorship. It even moved beyond the question of appropriate or acceptable speech in public secondary schools. It was clear that Hazelwood could have far-reaching consequences for student rights, school governance, and the scope of official authority to make curricular decisions that reflect the values of the local community.
Some …
Abortion Rights, Eileen Kaufman
Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman
Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman
Touro Law Review
No abstract provided.
Freedom Of Speech And The Press
Freedom Of Speech And The Press
The First Amendment, Burt Neuborne