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Articles 511 - 540 of 553
Full-Text Articles in First Amendment
Speech And Speech - Obscenity And Obscenity: An Exercise In The Interpretation Of Constitutional Language, Frederick Schauer
Speech And Speech - Obscenity And Obscenity: An Exercise In The Interpretation Of Constitutional Language, Frederick Schauer
Faculty Publications
Commentators have criticized the Supreme Court's use of the "two-level" theory of speech to place obscenity beyond the pale of the first amendment. They charge the Court with shirking the task of balancing first amendment values and the states' interests in regulating obscene material. Professor Schauer meets this criticism by examining the meaning of the word "speech" in the context of the purposes of the first amendment and the Constitution as a whole. He concludes that "speech"does not include a category.of obscenity'that performs the function of a surrogate sexual act and is lacking in communicative content. The Court's treatment of …
Constitutional Fair Use, Michael D. Brittin
Constitutional Fair Use, Michael D. Brittin
William & Mary Law Review
No abstract provided.
The Mobius Strip Of The First Amendment: Perspectives On Red Lion, William W. Van Alstyne
The Mobius Strip Of The First Amendment: Perspectives On Red Lion, William W. Van Alstyne
Faculty Publications
No abstract provided.
Fear, Risk And The First Amendment: Unraveling The Chilling Effect, Frederick Schauer
Fear, Risk And The First Amendment: Unraveling The Chilling Effect, Frederick Schauer
Faculty Publications
No abstract provided.
Civilizing Pornography: The Case For An Exclusive Obscenity Nuisance Statute, Doug R. Rendleman
Civilizing Pornography: The Case For An Exclusive Obscenity Nuisance Statute, Doug R. Rendleman
Faculty Publications
Criminal penalties are increasingly perceived to be too severe for regulating obscenity. Professor Rendleman shares this perception and suggests that we replace criminal obscenity laws with an exclusive civil sanction utilizing injunctions. He proposes a comprehensive nuisance statute and discusses the various issues that arise in the equitable regulation of pornography.
Tenure Rights In Contractual And Constitutional Context, Ronald C. Brown
Tenure Rights In Contractual And Constitutional Context, Ronald C. Brown
Faculty Publications
No abstract provided.
Cracks In “The New Property”: Adjudicative Due Process In The Administrative State, William W. Van Alstyne
Cracks In “The New Property”: Adjudicative Due Process In The Administrative State, William W. Van Alstyne
Faculty Publications
No abstract provided.
The Hazards To The Press Of Claiming A “Preferred Position”, William W. Van Alstyne
The Hazards To The Press Of Claiming A “Preferred Position”, William W. Van Alstyne
Faculty Publications
No abstract provided.
The Future Of Cable Communications And The Fairness Doctrine, Tom A. Collins
The Future Of Cable Communications And The Fairness Doctrine, Tom A. Collins
Faculty Publications
No abstract provided.
Counter-Advertising In The Broadcast Media: Brining The Administrative Process To Bear Upon A Theoretical Imperative, Tom A. Collins
Counter-Advertising In The Broadcast Media: Brining The Administrative Process To Bear Upon A Theoretical Imperative, Tom A. Collins
William & Mary Law Review
No abstract provided.
Positing A Right Of Access: Evaluations And Subsequent Developments, Tom A. Collins
Positing A Right Of Access: Evaluations And Subsequent Developments, Tom A. Collins
William & Mary Law Review
No abstract provided.
The Forum Of Conscience: Applying Standards Under The Free Exercise Clause, Paul Marcus
The Forum Of Conscience: Applying Standards Under The Free Exercise Clause, Paul Marcus
Faculty Publications
The 1973 Supreme Court decision in Wisconsin v. Yoder reenforced and amplified the Court's earlier holding in Sherbert v. Verner that the free exercise clause of the first amendment requires the state to render substantial deference to religiously motivated behavior in the application of its laws and regulatory schemes. In this article, Mr. Marcus traces the evolving standards of free exercise doctrine and observes that the "balancing test" which has resulted from that evolution requires still further refinement to give religious freedom its full constitutional due. The author then illustrates how the new standards of free exercise might be applied …
The Specific Theory Of Academic Freedom And The General Issue Of Civil Liberty, William W. Van Alstyne
The Specific Theory Of Academic Freedom And The General Issue Of Civil Liberty, William W. Van Alstyne
Faculty Publications
Academic freedom has been blurred in law and in popular usage. Its clarification should enable the Supreme Court to grant it explicit protection under the Constitution as an identifiable subset of First Amendment freedoms. Its identification with the professional endeavors of faculty members, moreover, should reduce the tendency of institutions to intrude upon the aprofessional personal liberties of the faculty even while adequately protecting the extramural professional pursuits of the faculty and assuring them of equal protection in their interests as private citizens. Adjustments of standards by the American Association of University Professors, more definitely distinguishing the special accountability of …
The National Security Exception To The Doctrine Of Prior Restraint, Robert F. Flinn
The National Security Exception To The Doctrine Of Prior Restraint, Robert F. Flinn
William & Mary Law Review
No abstract provided.
Constitutional Law - Clear And Present Danger Test Applied To Overbroad Unlawful Assembly Statute. Owens V. Commonwealth, 211 Va. 633, 179 S.E.2d 477 (1971), Michael A. Inman
Constitutional Law - Clear And Present Danger Test Applied To Overbroad Unlawful Assembly Statute. Owens V. Commonwealth, 211 Va. 633, 179 S.E.2d 477 (1971), Michael A. Inman
William & Mary Law Review
No abstract provided.
Constitutional Law - Right Of Free Speech - Tinker V. Independent Community School District, 89 S. Ct. 733 (1969), Terry B. Light
Constitutional Law - Right Of Free Speech - Tinker V. Independent Community School District, 89 S. Ct. 733 (1969), Terry B. Light
William & Mary Law Review
No abstract provided.
Constitutional Law - Private Possession Of Obscene Materials - Stanley V. Georgia, 89 S. Ct. 1243 (1969), Haldane Robert Mayer
Constitutional Law - Private Possession Of Obscene Materials - Stanley V. Georgia, 89 S. Ct. 1243 (1969), Haldane Robert Mayer
William & Mary Law Review
No abstract provided.
The Constitutional Rights Of Public Employees: A Comment On The Inappropriate Uses Of An Old Analogy, William W. Van Alstyne
The Constitutional Rights Of Public Employees: A Comment On The Inappropriate Uses Of An Old Analogy, William W. Van Alstyne
Faculty Publications
Beginning with Justice Douglass's assertion that the State is bound in the same ways when acting as an employer as it is when acting as a governing body, this examination delves deeper to determine how this doctrine actually limits the government when it acts as an employer. This article endorses the theory of examining these limits not in the context of if the government is allowed to enforce them in the public sphere, but if the government may mandate such limits in the private sphere.
Libel And Slander - Privilege - Cia Covert Agent's Statement Absolutely Privileged - Heine V. Raus, No. 11,195 (4th Cir. July 22, 1968), Donald E. Scearce
Libel And Slander - Privilege - Cia Covert Agent's Statement Absolutely Privileged - Heine V. Raus, No. 11,195 (4th Cir. July 22, 1968), Donald E. Scearce
William & Mary Law Review
No abstract provided.
Constitutional Law - Free Speech - Public Transit Advertising - Wirta V. Alameda-Contra Costa Transit Dist., 434 P.2d 982 (Cal. 1966), Joel H. Shane
Constitutional Law - Free Speech - Public Transit Advertising - Wirta V. Alameda-Contra Costa Transit Dist., 434 P.2d 982 (Cal. 1966), Joel H. Shane
William & Mary Law Review
No abstract provided.
Book Review Of The First Freedom, Arthur B. Hanson
Book Review Of The First Freedom, Arthur B. Hanson
William & Mary Law Review
No abstract provided.
The Demise Of The Right-Privilege Distinction In Constitutional Law, William W. Van Alstyne
The Demise Of The Right-Privilege Distinction In Constitutional Law, William W. Van Alstyne
Faculty Publications
The right-privilege distinction, as it appeared in an early statement by Justice Holmes, has long hampered individuals within the public sector in protecting themselves against arbitrary governmental action. In this article Professor Van Alstyne reviews the uses and misuses to which the "privilege" concept has been put and then examines those doctrines whose flanking attacks have gradually eroded its efficacy. But none of these doctrines comes to grips with Holmes' basic idea of a "privilege" to which substantive due process is inapplicable. Applying Holmes' own jurisprudence, the author argues that the concept of "privilege" is today no longer viable, and …
The Second Front: Free Expression Versus Individual Dignity, George C. Haimbaugh Jr.
The Second Front: Free Expression Versus Individual Dignity, George C. Haimbaugh Jr.
William & Mary Law Review
No abstract provided.
Constiutional Law - Free Speech - Judicial Review Of Qualifications Of Legislators - Bond V. Floyd, 87 S. Ct. 339 (1966), Karen Atkinson
Constiutional Law - Free Speech - Judicial Review Of Qualifications Of Legislators - Bond V. Floyd, 87 S. Ct. 339 (1966), Karen Atkinson
William & Mary Law Review
No abstract provided.
Constitutional Law - Free Speech - Draft Card Burning - U.S. V. Miller, 367 F.2d 72 (2nd Cir. 1966), Glenn J. Sedam Jr.
Constitutional Law - Free Speech - Draft Card Burning - U.S. V. Miller, 367 F.2d 72 (2nd Cir. 1966), Glenn J. Sedam Jr.
William & Mary Law Review
No abstract provided.
The Problem Of Church And State In Terms Of The Nonestablishment And Free Exercise Of Religion, Royal C. Gilkey
The Problem Of Church And State In Terms Of The Nonestablishment And Free Exercise Of Religion, Royal C. Gilkey
William & Mary Law Review
No abstract provided.
Constitutional Law - Right Of Privacy - Time, Inc. V. Hill, 87 S. Ct. 534 (1967), Charles E. Friend
Constitutional Law - Right Of Privacy - Time, Inc. V. Hill, 87 S. Ct. 534 (1967), Charles E. Friend
William & Mary Law Review
No abstract provided.
Constitutional Law - Contempt By Publication - Phoenix Newspapers, Inc. V. Superior Court, 418 P.2d 594 (Ariz. 1966), Paul M. Morley
Constitutional Law - Contempt By Publication - Phoenix Newspapers, Inc. V. Superior Court, 418 P.2d 594 (Ariz. 1966), Paul M. Morley
William & Mary Law Review
No abstract provided.
Constitutional Law - Civil Liberties, Adderley V. Florida, 87 S.Ct. 242 (1966), Glenn J. Sedam Jr.
Constitutional Law - Civil Liberties, Adderley V. Florida, 87 S.Ct. 242 (1966), Glenn J. Sedam Jr.
William & Mary Law Review
No abstract provided.
The Roth Test And Its Corollaries, Bradford Coupe
The Roth Test And Its Corollaries, Bradford Coupe
William & Mary Law Review
No abstract provided.