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Articles 91 - 95 of 95
Full-Text Articles in First Amendment
Defamation And The First Amendment: Protecting Speech On Public Issues, Bruce J. Borrus
Defamation And The First Amendment: Protecting Speech On Public Issues, Bruce J. Borrus
Washington Law Review
The common law of defamation collided with the United States Constitution in New York Times Co. v. Sullivan, and aftershocks from that collision have been rumbling for sixteen years. Ever since the New York Times Court asserted that the first and fourteenth amendments impose restraints on a state's power to afford a civil remedy for wrongful injury to reputation, the Supreme Court has been torn between its concern for personal reputation and its competing concern for free expression. The difficulty of resolving the conflict between these two concerns has forced the Court to decide a long line of cases …
Defamation And The First Amendment: Protecting Speech On Public Issues, Bruce J. Borrus
Defamation And The First Amendment: Protecting Speech On Public Issues, Bruce J. Borrus
Washington Law Review
The common law of defamation collided with the United States Constitution in New York Times Co. v. Sullivan, and aftershocks from that collision have been rumbling for sixteen years. Ever since the New York Times Court asserted that the first and fourteenth amendments impose restraints on a state's power to afford a civil remedy for wrongful injury to reputation, the Supreme Court has been torn between its concern for personal reputation and its competing concern for free expression. The difficulty of resolving the conflict between these two concerns has forced the Court to decide a long line of cases in …
Constitutional Law—The Public Forum In Nontraditional Areas—Lehman V. City Of Shaker Heights, 418 U.S. 298 (1974), David D. Swartling
Constitutional Law—The Public Forum In Nontraditional Areas—Lehman V. City Of Shaker Heights, 418 U.S. 298 (1974), David D. Swartling
Washington Law Review
In 1970, Harry Lehman, a candidate for election to the Ohio state legislature, attempted to purchase advertising space on local buses belonging to the city of Shaker Heights' rapid transit system. Although space was available, the advertising agent for the transit company rejected Lehman's request because its contract with the city proscribed political advertising on buses. Lehman sought a declaratory judgment and an injunction, alleging violation of the first and fourteenth amendments. The trial court denied relief, and the state supreme court affirmed. In a 5-4 decision, the United States Supreme Court affirmed. In the plurality opinion, Justice Blackmun concluded …
Constitutional Law—Freedom Of Religion—Compulsory School Attendance Law: State Interests Balanced Against Beliefs Of Members Of The Amish Faith—State V. Yoder, 49 Wis.2d 430, 182 N.W.2d 539, Cert. Granted, 402 U.S. 994 (1971), Anon
Washington Law Review
Defendants, members of the Old Order Amish religion and of the Conservative Amish Mennonite Church, refused to enroll their children, eighth-grade public school graduates, in public high school and were subsequently convicted of violating the Wisconsin Compulsory School Attendance Law. The trial court held the attendance law to be a reasonable exercise of a governmental function of the state even though the law interfered with the defendants' sincere religious beliefs. The convictions and assessments of fines were affirmed by the circuit court. On appeal, the Wisconsin Supreme Court reversed. Held: The Wisconsin Compulsory School Attendance Law, as applied to the …
Freedom To Hear: A Political Justification Of The First Amendment, John M. Steel
Freedom To Hear: A Political Justification Of The First Amendment, John M. Steel
Washington Law Review
Historical analysis of the first amendment reveals that it was adopted primarily to safeguard and promote self-government through the communication of political ideas and attitudes among citizens. The author argues that these political underpinnings support the recognition of a freedom to hear corresponding to the freedoms of speech and press. Implementation of this freedom, recognizing its political basis, would eliminate many infringements on activity the Framers intended to protect. A freedom to hear would also provide a useful analytic tool in alleviating much of the repressive influence on political activity exerted by the private sector.