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Brigham Young University Law School

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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 Mar 2009

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 May 2008

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 Mar 2008

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 Mar 2008

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 Mar 2008

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 Mar 2008

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 Mar 2008

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 Jan 2008

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 Dec 2007

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 Dec 2007

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 Dec 2007

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 Dec 2007

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 Dec 2007

Obscenity And The World Wide Web, John E. Fee

BYU Law Review

No abstract provided.


The Public Forum Doctrine And Public Housing Authorities: Can You Say That Here?, Martin J. Rooney May 2007

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 May 2007

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 Mar 2007

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 Mar 2007

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 Jan 2007

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 Mar 2006

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 Dec 2005

Speech Discrimination, John Fee

Faculty Scholarship

No abstract provided.


Architecture As Art? Not In My Neocolonial Neighborhood: A Case For Providing First Amendment Protection To Expressive Residential Architecture, Janet Elizabeth Haws Dec 2005

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 Dec 2005

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 Dec 2005

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 Mar 2005

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 Mar 2005

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 Mar 2005

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 Jan 2005

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 Dec 2004

Religious Organizations And Free Exercise: The Surprising Lessons Of Smith, Kathleen A. Brady

BYU Law Review

No abstract provided.


"Omalous" Autonomy, Perry Dane Dec 2004

"Omalous" Autonomy, Perry Dane

BYU Law Review

No abstract provided.


Thoughts On Smith And Religious-Group Autonomy, Laura S. Underkuffler Dec 2004

Thoughts On Smith And Religious-Group Autonomy, Laura S. Underkuffler

BYU Law Review

No abstract provided.