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Articles 61 - 82 of 82
Full-Text Articles in First Amendment
Parochiad And Prayer: A Perplexing Problem, William R. Fifner
Parochiad And Prayer: A Perplexing Problem, William R. Fifner
Cleveland State Law Review
This paper is limited to a chronological examination of decisions of the United States Supreme Court involving aid to parochial education, an exploration of possible future aids, and inquiry into the question whether the extent of present aid and of possible future aid indicates that parochial schools and the general public are, or will be, on a collision course with respect to the free exercise of religion.
Billboard Regulations, And Aesthetics, Richard Sutton
Billboard Regulations, And Aesthetics, Richard Sutton
Cleveland State Law Review
The regulation of outdoor advertising has prompted a surprisingly prodigious amount of controversy and litigation. It has been challenged as a denial of free speech, due process, and equal protection; it has been upheld on nuisance4 and real property grounds, and sustained on the basis of public health, safety, morality, comfort and convenience, aesthetics, and the right to be let alone."
Freedom Of Speech Of The Public School Teacher, Edward M. Graham
Freedom Of Speech Of The Public School Teacher, Edward M. Graham
Cleveland State Law Review
Courts, until recent years, when deciding whether teachers surrender their right of free speech by accepting employment in the public schools, have almost universally held that the rights of teachers as individuals are subordinate to the rights of school boards as public employers. In applying the principle of stare decisis, courts had continuously relied upon cases reasoned along the lines of early American decisions in which the courts considered the exemplar responsibility of the teacher as the only material issue. Because of this judicial outlook, teachers have had great difficulty defending against dismissal or other disciplinary action by their employing …
Book Review, James P. Huddleston
Book Review, James P. Huddleston
Cleveland State Law Review
Review of Charles Rembar, The End of Obscenity, Random House, 1969.
Free Speech On Private Property, Daniel A. Silver
Free Speech On Private Property, Daniel A. Silver
Cleveland State Law Review
In our system of constitutional law the First Amendment right of freedom of speech has always maintained a preferred position. The Supreme Court of the United States, on numerous occasions, has proclaimed freedom of speech to be one of our most fundamental rights. An evolving problem in the area of free speech is the question of what constitutes a proper forum for the expression of First Amendment rights. This paper examines the use of private property as a forum for expression.
F.C.C. And The Fairness Doctrine, Marilyn G. Zack
F.C.C. And The Fairness Doctrine, Marilyn G. Zack
Cleveland State Law Review
In the United States broadcasting is a competitive business. But radio and television also are media for the expression of free speech in matters of vital concern in a self-governing society. Freedom of protected from governmental abridgement by the first amendment. Is free speech unconstitutionally abridged by governmental action with respect to program content? Or do the fairness doctrine and the personal attack and editorialization rules enhance free speech? What quantum of program control can be justified on the basis of the public interest in view of the first amendment-which applies also to broadcasters?
Freedom Of Expression In Secondary Schools, Ann Aldrich, Joanne V. Sommers
Freedom Of Expression In Secondary Schools, Ann Aldrich, Joanne V. Sommers
Cleveland State Law Review
Guzick v. Drebus, currently under consideration on appeal to the United States Court of Appeals for the Sixth Circuit, raises important questions concerning the application of the First Amendment to secondary school students.
Draft Card Burning, Robert M. Phillips
Draft Card Burning, Robert M. Phillips
Cleveland State Law Review
It has long been recognized by the courts that not only written and spoken words," but certain acts and conduct will likewise be considered a form of speech protected under the First Amendment. However, it has been difficult for the courts to determine exactly what type of conduct or action is acceptable and thus protected as "symbolic" speech,and those which are objectionable in that they contravene public policy. This exact difficulty arose in two of the present cases. The Miller Court found that it could not determine whether willful burning of a draft card was speech; nevertheless it was punishable. …
Student Unrest, And The Law, William B. Saxbe
Student Unrest, And The Law, William B. Saxbe
Cleveland State Law Review
Many people have recently expressed alarm about the student unrest in our universities and on our college campuses. I am delighted to have this opportunity to submit an article to The Cleveland State Law Review, for it provides a forum for me to express my views on the subject.
Libelous Ridicule By Journalists, James M. Naughton, Eric R. Gilbertson
Libelous Ridicule By Journalists, James M. Naughton, Eric R. Gilbertson
Cleveland State Law Review
Proof of actual malice, or even establishing that an attack in ridicule bears no relation to public conduct, seems at best, extremely difficult to bring out. The public interest in protecting itself, through criticism of those in prominence, weighs much more heavily on the scales of justice than does the interest of public figures in protecting themselves from personal attack. So go ahead and draw your cartoons, Conrad. Keep sticking pins in the kewpie dolls of America, Art Buchwald. And tell it like it is, Pogo.
Journalistic Media And Fair Trial, William M. Ware, Gerard D. Dimarco
Journalistic Media And Fair Trial, William M. Ware, Gerard D. Dimarco
Cleveland State Law Review
The rights of an accused to a fair trial, and freedom of the press, both are fundamental rights guaranteed by the Federal Constitution. Yet these constitutional guarantees, in collision, present one of the most critical current conflicts in the administration of criminal justice. The problem involves what is presently called "prejudicial news reporting" -news which is prejudicial to the right of the defendant to a fair trial. This paper will try to analyze this conflict, hoping to reach some conclusions which will ultimately aid in the administration of justice without abridging the rights of any parties involved.
Newspaper Immunity In Reporting Judicial Proceedings, James W. Adams
Newspaper Immunity In Reporting Judicial Proceedings, James W. Adams
Cleveland State Law Review
Ordinarily, there is a legally enforceable right to recover damages for libelous statements. On the other hand, newspapers enjoy a constitutionally guaranteed right of free press. Free press however is not synonymous with a license to libel and newspapers normally stand in no better position than any other member of the community in defense of libel suits.
How Far May Newspapers Go In Criticizing, Richard Szilagyi
How Far May Newspapers Go In Criticizing, Richard Szilagyi
Cleveland State Law Review
Any written or printed article which is false and is conveyed by publication to third parties is defamatory or "libelous." That is, it is actionable if it tends to subject the plaintiff to hatred, scorn, ridicule, public contempt or disgrace; or if it induces a substantial number of respectable community members to avoid, shun, or deprive him of their friendly association, even though the defamation imputes no moral turpitude to him. Despite a long history of judicial decisions and numerous discussions and writings by the legal profession, there are few areas of the law so unsettled as the law of …
Customs Censorship, Jay A. Sigler
Customs Censorship, Jay A. Sigler
Cleveland State Law Review
The American national government is engaged in a vast program of censorship which includes a wider range of materials than that usually controlled by local government authority. The attention of the courts and the press has been concentrated primarily upon state and local censorship, but federal activity is usually more significant. The federal government has used the postal and customs powers, derived from Article I, Sec. 8 of the Constitution, to regulate both the internal movement of undesirable material and its entry from abroad. The postal power has been treated elsewhere, but the customs power is at least as important …
Newspaper Interference In Judicial Proceedings, John Vamis
Newspaper Interference In Judicial Proceedings, John Vamis
Cleveland State Law Review
Emphasis has been put on situations which appear to indicate that the press has been, at the very least, over-aggressive in its operations. As has been shown, considerable leeway is accorded the press in its activity, even where it conflicts with the fair administration of justice. Although the courts will enforce penalties for clear violation of the fair administration of justice, the facts must spell out a clear and imminent danger. As to the individual, there does not presently appear to beany clear provision of legal remedy for newspaper interference with individual rights, except in the civil or criminal libel …
Freedom Of Association, William J. Hotes, Catherine H. Hotes
Freedom Of Association, William J. Hotes, Catherine H. Hotes
Cleveland State Law Review
To determine whether a limitation upon freedom of association by a state is constitutionally justified, the Court must balance the interests of those individuals whose rights have been restricted against the interests of the state involved. Constitutional freedoms guaranteed by the First Amendment may be restricted only when the state has a compelling interest. A state may take action in the interest of public safety, health, or welfare to prevent abuse of the exercise of these freedoms, but it may not curtail the rights themselves. Only the public interest or a clear and present danger would justify restriction of First …
Freedom From Obscenity, Norman A. Erbe, Arlo F. Craig Jr.
Freedom From Obscenity, Norman A. Erbe, Arlo F. Craig Jr.
Cleveland State Law Review
Interest in obscenity laws, in the reason and purpose for their being, their efficacy in achieving the ends for which they are intended, the threat their existence and enforcement pose to the freedoms of speech and press, and the attitude of the courts toward them, seems to be at a new high. Obscenity is universally condemned throughout the United States. Yet law enforcement officers who attempt to enforce obscenity laws invariably are accused of "censoring" and "book burning."' A good many of such charges come from persons whose ox is being gored-persons who have a pecuniary interest in having obscenity …
Book Review, Jack F. Smith
Book Review, Jack F. Smith
Cleveland State Law Review
Reviewing James Jackson Kilpatrick, The Smut Peddlers, Doubleday & Co., 1960
Freedom Of Assembly And Racial Demonstrations, Richard W. Ervin
Freedom Of Assembly And Racial Demonstrations, Richard W. Ervin
Cleveland State Law Review
We have chosen to discuss and undertake to determine the precise point at which an assemblage of persons engaged in a racial demonstration loses constitutional protection and becomes instead an unlawful assembly, punishable as such under the common law or under state statutes or ordinances which embody the common law. To accomplish this purpose, we shall first attempt to define the crime of "unlawful assembly"; then we shall discuss breach of the peace because it is so intimately connected with the offense of unlawful assembly. This article will conclude with examples of situations in which racial demonstrations are, or are …
Journalist's Testimonial Privilege, Ramutis R. Semeta
Journalist's Testimonial Privilege, Ramutis R. Semeta
Cleveland State Law Review
On numerous occasions, newsmen have pleaded for protection against testimonial compulsion as a necessary safeguard for the preservation of the freedom of the press. Due to this constant assertion, one is compelled to take a brief look at the press, before indulging in the specific study of the journalist's testimonial privilege.
Book Review, Ford L. Noble
Book Review, Ford L. Noble
Cleveland State Law Review
Reviewing David Fellman, The Limits of Freedom, Rutgers University Press, 1959
Newspapers And The Courts, Marcus D. Gleisser
Newspapers And The Courts, Marcus D. Gleisser
Cleveland State Law Review
A problem of legal ethics that has been hovering over American courts, lawyers and newspapermen for more than half a century has finally landed in open debate in recent months. It is a problem that thus far has done little more than rouse recriminations and countercharges between two forced each of which, surprisingly enough, claims it avidly seeks what is in essence the same goal - justice. The problem is that of newspaper handling of court trials and their pre-trial developments.