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Articles 121 - 150 of 223
Full-Text Articles in First Amendment
Student Speech In Public Schools: A Comprehensive Analytical Framework Based On The Role Of Public Schools In Democratic Education, Curtis G. Bentley
Student Speech In Public Schools: A Comprehensive Analytical Framework Based On The Role Of Public Schools In Democratic Education, Curtis G. Bentley
Brigham Young University Education and Law Journal
No abstract provided.
Morality And Public School Speech: Balancing The Rights Of Students, Parents, And Communities, Peter J. Jenkins
Morality And Public School Speech: Balancing The Rights Of Students, Parents, And Communities, Peter J. Jenkins
BYU Law Review
No abstract provided.
The Pledge Of Allegiance In The Classroom And The Court: An Epic Struggle Over The Meaning Of The Establishment Clause Of The First Amendment, Brian Wheeler
Brigham Young University Education and Law Journal
No abstract provided.
Anti-Harassment Provisions Revisited: No Bright-Line Rule, Martha Mccarthy
Anti-Harassment Provisions Revisited: No Bright-Line Rule, Martha Mccarthy
Brigham Young University Education and Law Journal
No abstract provided.
The Court's Missed Opportunity In Harper V. Poway, Andrew Canter, Gabriel Pardo
The Court's Missed Opportunity In Harper V. Poway, Andrew Canter, Gabriel Pardo
Brigham Young University Education and Law Journal
No abstract provided.
Student Speech: School Boards, Gay/Straight Alliances, And The Equal Access Act, Todd A. Demitchell, Richard Fossey
Student Speech: School Boards, Gay/Straight Alliances, And The Equal Access Act, Todd A. Demitchell, Richard Fossey
Brigham Young University Education and Law Journal
No abstract provided.
Ball On A Needle: Hein V. Freedom From Religion Foundation, Inc. And The Future Of Establishment Clause Adjudication, Ira C. Lupu, Robert W. Tuttle
Ball On A Needle: Hein V. Freedom From Religion Foundation, Inc. And The Future Of Establishment Clause Adjudication, Ira C. Lupu, Robert W. Tuttle
BYU Law Review
No abstract provided.
Indeterminacy And The Establishment Clause, Frederick Mark Gedicks
Indeterminacy And The Establishment Clause, Frederick Mark Gedicks
Faculty Scholarship
Prepared for a symposium on Kent Greenawalt, 2 Religion and the Constitution: Establishment and Fairness (Princeton, 2008), this essay responds to Professor Greenawalt's criticism of my argument in The Rhetoric of Church and State (Duke, 1995), that Establishment Clause doctrine is the incoherent residue of conflicting rhetorical discourses of religious communitarianism and secular individualism. Not only are the Supreme Court's Establishment Clause decisions inconsistent at the margins, but there is no identifiable core meaning that can account for these decisions. The essay concludes that, contra Greenawalt, the thesis of conflicting rhetorical discourses remains the most powerful explanation of the Court's …
Introduction To The 2007 Byu Law Review Symposium: Warning! Kids Online: Pornography, Free Speech, And Technology, Cheryl B. Preston
Introduction To The 2007 Byu Law Review Symposium: Warning! Kids Online: Pornography, Free Speech, And Technology, Cheryl B. Preston
BYU Law Review
No abstract provided.
Free Trade In Ideas Is (Or Ought To Be) Absolute For Adults, Patrick M. Garry
Free Trade In Ideas Is (Or Ought To Be) Absolute For Adults, Patrick M. Garry
BYU Law Review
No abstract provided.
A New First Amendment Model For Evaluating Content-Based Regulation Ofinternet Pornography: Revising The Strict Scrutiny Model To Better Reflect The Realities Of The Modern Media Age, Mark S. Kende
BYU Law Review
No abstract provided.
Www.Sam·S_Stationery_And_Luncheonette.Com: Bringing Ginsberg V. New York Into The Internet Age, John Fee
Www.Sam·S_Stationery_And_Luncheonette.Com: Bringing Ginsberg V. New York Into The Internet Age, John Fee
BYU Law Review
No abstract provided.
Obscenity And The World Wide Web, John E. Fee
The Public Forum Doctrine And Public Housing Authorities: Can You Say That Here?, Martin J. Rooney
The Public Forum Doctrine And Public Housing Authorities: Can You Say That Here?, Martin J. Rooney
Brigham Young University Journal of Public Law
No abstract provided.
Politics Or Principle? Zechariah Chafee And The Social Interest In Free Speech, Charles L. Barzun
Politics Or Principle? Zechariah Chafee And The Social Interest In Free Speech, Charles L. Barzun
BYU Law Review
No abstract provided.
School Speech V. School Safety: In The Aftermath Of Violence On School Campuses Throughout This Nation, How Should School Officials Respond To Threatening Student Expression?, Richard V. Blystone
School Speech V. School Safety: In The Aftermath Of Violence On School Campuses Throughout This Nation, How Should School Officials Respond To Threatening Student Expression?, Richard V. Blystone
Brigham Young University Education and Law Journal
No abstract provided.
Preaching From The State's Podium: What Speech Is Proselytizing Prohibited By The Establishment Clause?, Christian M. Keiner
Preaching From The State's Podium: What Speech Is Proselytizing Prohibited By The Establishment Clause?, Christian M. Keiner
Brigham Young University Journal of Public Law
No abstract provided.
Uncivil Religion: Judeo-Christianity And The Ten Commandments, Frederick Mark Gedicks, Roger Hendrix
Uncivil Religion: Judeo-Christianity And The Ten Commandments, Frederick Mark Gedicks, Roger Hendrix
Faculty Scholarship
In the recent Decalogue Cases, Justice Scalia argued that when it comes to public acknowledgment of religious belief, it is entirely clear from our Nation's historical practices that the Establishment Clause permits th[e] disregard of polytheists and believers in unconcerned deities, just as it permits the disregard of devout atheists. Justice Scalia's argument represents the latest attempt to insulate American civil religion from Establishment Clause attack. A civil religion is a set of nondenominational values, symbols, rituals, and assumptions which create both reverence of national history and formation of a communal national bond.
The most recent incarnation of American civil …
Establishment Clause Jurisprudence And The Free Exercise Dilemma: A Structural Unitary-Accommodationist Argument For The Constitutionality Of God In The Public Square, Carolyn A. Deverich
Establishment Clause Jurisprudence And The Free Exercise Dilemma: A Structural Unitary-Accommodationist Argument For The Constitutionality Of God In The Public Square, Carolyn A. Deverich
BYU Law Review
No abstract provided.
Speech Discrimination, John Fee
Architecture As Art? Not In My Neocolonial Neighborhood: A Case For Providing First Amendment Protection To Expressive Residential Architecture, Janet Elizabeth Haws
Architecture As Art? Not In My Neocolonial Neighborhood: A Case For Providing First Amendment Protection To Expressive Residential Architecture, Janet Elizabeth Haws
BYU Law Review
No abstract provided.
Whither Copyright? Transformative Use, Free Speech, And An Intermediate Liability Proposal, John Tehranian
Whither Copyright? Transformative Use, Free Speech, And An Intermediate Liability Proposal, John Tehranian
BYU Law Review
No abstract provided.
Protecting Student Speech Rights While Increasing School Safety: School Jurisdiction And The Search For Warning Signs In A Post-Columbine/Red Lake Environment, Richard Salgado
BYU Law Review
No abstract provided.
Freedom Of The Press: How University Newspapers Have Fared In The Face Of Challenges From Students, Administrators, Advertisers, And State Legislatures, Lisa Bohman
Brigham Young University Education and Law Journal
No abstract provided.
The Continuing Saga Of Internet Censorship: The Child Online Protection Act, Martha Mccarthy
The Continuing Saga Of Internet Censorship: The Child Online Protection Act, Martha Mccarthy
Brigham Young University Education and Law Journal
No abstract provided.
Incarceration Of The Free Exercise Clause: The Sixth Circuit's Misstep In Cutter V. Wilkinson, James B. Mcmullin
Incarceration Of The Free Exercise Clause: The Sixth Circuit's Misstep In Cutter V. Wilkinson, James B. Mcmullin
Brigham Young University Journal of Public Law
No abstract provided.
The Permissible Scope Of Legal Limitations On The Freedom Of Religion Or Belief In The United States, Frederick Mark Gedicks
The Permissible Scope Of Legal Limitations On The Freedom Of Religion Or Belief In The United States, Frederick Mark Gedicks
Faculty Scholarship
This article summarizes the law of legal limitations on religious freedom in the UnitedStates, including sources and hierarchies of applicable law, structural limitations on religious freedom, grounds for limiting such freedom, an analytical description oflimitations, and background influences on limitations law, and applies this law to hypothetical situations.
Federal judicial decisions interpreting the Religion Clauses are the principal source oflimitations law in the United States. RLUIPA and RFRA, federal anti-discrimination statutes, and executive orders are other important sources of religious freedom law. State constitutions, statutes, and regulations are important sources law when federal sources are absent or inapplicable. International human …
Religious Organizations And Free Exercise: The Surprising Lessons Of Smith, Kathleen A. Brady
Religious Organizations And Free Exercise: The Surprising Lessons Of Smith, Kathleen A. Brady
BYU Law Review
No abstract provided.
"Omalous" Autonomy, Perry Dane
Thoughts On Smith And Religious-Group Autonomy, Laura S. Underkuffler
Thoughts On Smith And Religious-Group Autonomy, Laura S. Underkuffler
BYU Law Review
No abstract provided.