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First Amendment Commons™

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1992

Discipline
Institution
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Publication
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Articles 31 - 60 of 90

Full-Text Articles in First Amendment

Six Conservatives In Search Of The First Amendment: The Revealing Case Of Nude Dancing, Vincent Blasi Mar 1992

Six Conservatives In Search Of The First Amendment: The Revealing Case Of Nude Dancing, Vincent Blasi

William & Mary Law Review

No abstract provided.


Information As Speech, Information As Goods: Some Thoughts In Marketplaces And The Bill Of Rights, Diane Lennheer Zimmerman Mar 1992

Information As Speech, Information As Goods: Some Thoughts In Marketplaces And The Bill Of Rights, Diane Lennheer Zimmerman

William & Mary Law Review

No abstract provided.


The First Amendment As Ideology, Frederick Shauer Mar 1992

The First Amendment As Ideology, Frederick Shauer

William & Mary Law Review

No abstract provided.


Does The First Amendment Protect More Than Free Speech?, Stephen L. Carter Mar 1992

Does The First Amendment Protect More Than Free Speech?, Stephen L. Carter

William & Mary Law Review

No abstract provided.


Obscenity In The Age Of Direct Broadcast Satellite: A Final Burial For Stanley V. Georgia(?), A National Obscenity Standard, And Other Miscellany, John V. Edwards Mar 1992

Obscenity In The Age Of Direct Broadcast Satellite: A Final Burial For Stanley V. Georgia(?), A National Obscenity Standard, And Other Miscellany, John V. Edwards

William & Mary Law Review

No abstract provided.


Extinction And The Law: Protection Of Religiously Motivated Behavior, Fred P. Bosselman Jan 1992

Extinction And The Law: Protection Of Religiously Motivated Behavior, Fred P. Bosselman

All Faculty Scholarship

No abstract provided.


The Unconstitutionality Of Campus Bans On Racist Speech: The View From Without And Within, Robert A. Sedler Jan 1992

The Unconstitutionality Of Campus Bans On Racist Speech: The View From Without And Within, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.


Barnes V. Glen Theatre, 111 S. Ct. 2456 (1991), George M. Cabaniss, Jr. Jan 1992

Barnes V. Glen Theatre, 111 S. Ct. 2456 (1991), George M. Cabaniss, Jr.

Florida State University Law Review

Constitutional Law-THE FIRST AMENDMENT, NUDE DANCING, AND JUDICIAL ACTIVISM


Abrams V. United States: Remembering The Authors Of Both Opinions, James F. Fagan Jr. Jan 1992

Abrams V. United States: Remembering The Authors Of Both Opinions, James F. Fagan Jr.

Touro Law Review

No abstract provided.


Due Process Jan 1992

Due Process

Touro Law Review

No abstract provided.


Freedom Of Speech And The Press Jan 1992

Freedom Of Speech And The Press

Touro Law Review

No abstract provided.


Freedom Of Speech And The Press Jan 1992

Freedom Of Speech And The Press

Touro Law Review

No abstract provided.


Computer Networks, Libel And The First Amendment, 11 Computer L.J. 555 (1992), Terri A. Cutrera Jan 1992

Computer Networks, Libel And The First Amendment, 11 Computer L.J. 555 (1992), Terri A. Cutrera

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


A Proposed Process For Managing The First Amendment Aspects Of Campus Hate Speech, William A. Kaplin Jan 1992

A Proposed Process For Managing The First Amendment Aspects Of Campus Hate Speech, William A. Kaplin

Scholarly Articles

For public institutions, attempts to regulate hate speech raise substantial legal issues under the First Amendment of the U.S. Constitution. For private institutions, which may not be bound by the First Amendment, attempts to regulate hate speech raise sensitive policy questions concerning the role of free expression on campus. Numerous articles (many of which are listed in the references below) have undertaken substantive analysis of these constitutional issues and policy questions. In contrast, this article explores a preliminary and overarching concern: the process by which a college or university addresses the problem of hate speech, and in particular the process …


‘Hate Speech’ On The College Campus: Freedom Of Speech And Equality At The Crossroads, William A. Kaplin Jan 1992

‘Hate Speech’ On The College Campus: Freedom Of Speech And Equality At The Crossroads, William A. Kaplin

Scholarly Articles

This article focuses on the First Amendment implications of the hate speech problem, comparing the free speech values that may be endangered by attempts to regulate hate speech with the equality values that may be endangered if hate speech is left unchecked. I will also concentrate on processes that universities may devise to resolve these crucial value questions. My goal is to add order and balance to the differing points of view concerning hate speech, and to bring a measure of practicality and concreteness to what has often been a rather theoretical and abstract debate. In short, my focus will …


Conditional Spending And The First Amendment: Maintaining The Commitment To Rational Liberal Dialogue, 57 Mo. L. Rev. 1117 (1992), Donald L. Beschle Jan 1992

Conditional Spending And The First Amendment: Maintaining The Commitment To Rational Liberal Dialogue, 57 Mo. L. Rev. 1117 (1992), Donald L. Beschle

UIC Law Open Access Faculty Scholarship

No abstract provided.


On The Brink: The First Amendment In The Rehnquist Court, 1990-91 Term, Joel M. Gora Jan 1992

On The Brink: The First Amendment In The Rehnquist Court, 1990-91 Term, Joel M. Gora

Touro Law Review

No abstract provided.


The State And Federal Religion Clauses: Differences Of Degree And Kind, Neil Mccabe Jan 1992

The State And Federal Religion Clauses: Differences Of Degree And Kind, Neil Mccabe

St. Thomas Law Review

This article will critically analyze some recent decisions that have recognized greater rights under state constitutions in the area of religious freedom, but it will place more emphasis on the possibility of lesser or different protection under the state constitutions.


The Supreme Court And The First Amendment: The 1991-1992 Term, Elliot M. Mincberg Jan 1992

The Supreme Court And The First Amendment: The 1991-1992 Term, Elliot M. Mincberg

NYLS Journal of Human Rights

No abstract provided.


Regulating Workplace Sexual Harassment And Upholding The First Amendment - Avoiding A Collision, Nadine Strossen Jan 1992

Regulating Workplace Sexual Harassment And Upholding The First Amendment - Avoiding A Collision, Nadine Strossen

Villanova Law Review (1956 - )

No abstract provided.


The Enforceability Of Religious Upbringing Agreements, 25 J. Marshall L. Rev. 655 (1992), Martin Weiss, Robert Abramoff Jan 1992

The Enforceability Of Religious Upbringing Agreements, 25 J. Marshall L. Rev. 655 (1992), Martin Weiss, Robert Abramoff

UIC Law Review

No abstract provided.


A First Amendment-Sixth Amendment Dilemma: Manuel Noriega Pushes The American Judicial System To The Outer Limits Of The First Amendment, 25 J. Marshall L. Rev. 563 (1992), Lance R. Peterson Jan 1992

A First Amendment-Sixth Amendment Dilemma: Manuel Noriega Pushes The American Judicial System To The Outer Limits Of The First Amendment, 25 J. Marshall L. Rev. 563 (1992), Lance R. Peterson

UIC Law Review

No abstract provided.


The Plight Of The Agunah: A Study In Halacha, Contract, And The First Amendment, Irving Breitowitz Jan 1992

The Plight Of The Agunah: A Study In Halacha, Contract, And The First Amendment, Irving Breitowitz

Maryland Law Review

No abstract provided.


Hate Speech And The First Amendment: On A Collision Course, Gilbert Paul Carrasco Jan 1992

Hate Speech And The First Amendment: On A Collision Course, Gilbert Paul Carrasco

Villanova Law Review (1956 - )

No abstract provided.


Intrusion And The Investigative Reporter, Lyrissa Lidsky Jan 1992

Intrusion And The Investigative Reporter, Lyrissa Lidsky

Faculty Publications

Although sometimes reviled as muckrakers, investigative reporters play a valuable role in exposing societal ills and advancing reform. The success of investigative journalism is due, at least in part, to its use of novel newsgathering techniques. Yet some of these same techniques pose a threat to individual privacy. Current tort doctrine strikes an unsatisfactory balance between these competing interests. The qualified common-law privilege advocated by this Note, in contrast, would protect those newsgathering activities that promote the public welfare. Equally significantly, by sending a clear message to editors, media lawyers, and reporters about the scope of protected newsgathering activity, it …


Government Regulation Of Religiously Based Social Services: The First Amendment Considerations, Carl H. Esbeck Jan 1992

Government Regulation Of Religiously Based Social Services: The First Amendment Considerations, Carl H. Esbeck

Faculty Publications

A daunting welter of variables confronts anyone who sets out to systematize the First Amendment's effect on the government's role in regulating social services operated by religious organizations. The task is further complicated because the regulations in question often were promulgated as a consequence of the monitoring that inevitably accompanies government spending on private-sector welfare programs. The most suitable methodology should take into account: 1) the nature of the organizations that are the object of the government's regulation or program of aid; 2) the interrelationship between government and religious organizations that results from the regulation or aid; and 3) the …


Litigation As A Predatory Practice, Gary Myers Jan 1992

Litigation As A Predatory Practice, Gary Myers

Faculty Publications

This article reviews and evaluates the sham litigation case law, finding that many courts have allowed immunity too readily or on inappropriate grounds. It attempts to develop comprehensive standards for antitrust claims based on sham litigation.


The Myth Of Ministry Vs. Mortar: A Legal & Policy Analysis Of Landmark Designation Of Religious Institutions, Alan C. Weinstein Jan 1992

The Myth Of Ministry Vs. Mortar: A Legal & Policy Analysis Of Landmark Designation Of Religious Institutions, Alan C. Weinstein

Law Faculty Articles and Essays

This Article proposes to examine the conflict between religious institutions and landmark preservation groups at both its empirical and normative levels. Part I of the Article provides an overview of historic preservation. It traces the development of the historic preservation movement, describes the standards and procedures commonly found in preservation ordinances, and discusses briefly the seminal cases in this field. Part II then attempts to answer three questions: (1) how extensive is the conflict between religious institutions and landmark commissions; (2) what has been the response of state and local legislatures to the conflict; and (3) what legal doctrines have …


The End Of The Public Forum Doctrine, David Day Jan 1992

The End Of The Public Forum Doctrine, David Day

Faculty Publications

No abstract provided.


Freedom Of Speech And The Press Jan 1992

Freedom Of Speech And The Press

Touro Law Review

No abstract provided.