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Articles 121 - 125 of 125
Full-Text Articles in First Amendment
The Conscientious Objector And The First Amendment: There But For The Grace Of God . . ., John Henry Schlegel
The Conscientious Objector And The First Amendment: There But For The Grace Of God . . ., John Henry Schlegel
Journal Articles
No abstract provided.
Obscenity In The Supreme Court: A Note On Jacobellis V. Ohio, Joseph O'Meara, Thomas L. Shaffer
Obscenity In The Supreme Court: A Note On Jacobellis V. Ohio, Joseph O'Meara, Thomas L. Shaffer
Journal Articles
According to the opinion of Mr. Justice Brennan in Jacobellis v. Ohio, the Supreme Court itself must weigh and decide the issues in obscenity cases; it must decide whether the disputed material is obscene; and it must decide this according to the standards of the community, that is, the whole country—all 50 States. In other words, the Court must apply a national standard. This note is addressed primarily to that opinion.
The Meaning Of "Religion" In The School Prayer Cases, Charles E. Rice
The Meaning Of "Religion" In The School Prayer Cases, Charles E. Rice
Journal Articles
It is not my purpose here to discuss the possible extensions of the school prayer decisions. Rather, I am concerned only with the thought that the unqualified incorporation of the broad definition of religion into the establishment clause is perhaps the root fallacy in the Court's reasoning. In order to avoid an institutionalization of agnosticism as the official public religion of this country, the Court ought to acknowledge that nontheistic religions are not entitled to such unqualified recognition under the establishment clause as to bar even a simple governmental affirmation that in fact the Declaration of Independence is true when …
Recent Decision Note, Thomas L. Shaffer
Recent Decision Note, Thomas L. Shaffer
Journal Articles
The Supreme Court of Colorado heard on appeal a tax dispute between the State Board of Equalization and Arapahoe County and, in announcing a decision in favor of the board, delayed publication of its formal written opinion for one week. At the time the decision was announced the opinion had been written, but had not been prepared for publication. Four days later respondent published an editorial in his newspaper attacking the decision, suggesting that it was inspired by political rather than legal considerations, and intimating that popular disapproval might result in a written opinion mitigating some of the decision's rigor. …
Freedom Of Inquiry Versus Authority: Some Legal Aspects, Joseph O'Meara
Freedom Of Inquiry Versus Authority: Some Legal Aspects, Joseph O'Meara
Journal Articles
I am to discuss some legal aspects of freedom of inquiry versus authority. It raises the issue of free speech; for inquiry is not free - it is confined and frustrated - if one must keep the fruits of inquiry to one's self. The contest between freedom and authority, even in a democracy, is an unequal contest, with the advantage on the side of authority; for authority has power and power has the drop on freedom. This is why eternal vigilance is the price of liberty. Freedom has its dangers. There is no doubt about that. The risk is still …