Open Access. Powered by Scholars. Published by Universities.®

First Amendment Commons™

Open Access. Powered by Scholars. Published by Universities.®

1993

Discipline
Institution
Keyword
Publication
Publication Type

Articles 31 - 60 of 91

Full-Text Articles in First Amendment

Information, Imagery, And The First Amendment: A Case For Expensive Protection Of Commercial Speech, Rodney A. Smolla Jan 1993

Information, Imagery, And The First Amendment: A Case For Expensive Protection Of Commercial Speech, Rodney A. Smolla

Scholarly Articles

Not available.


Lee V. Weisman: A New Age For Establishment Clause Jurisprudence?, Elizabeth Brandt Jan 1993

Lee V. Weisman: A New Age For Establishment Clause Jurisprudence?, Elizabeth Brandt

Articles

No abstract provided.


In Re Holtzman: Free Speech Or Professional Misconduct?, David W. Wright Jan 1993

In Re Holtzman: Free Speech Or Professional Misconduct?, David W. Wright

Touro Law Review

No abstract provided.


The Pennsylvania Abortion Case, Janet Benshoof Jan 1993

The Pennsylvania Abortion Case, Janet Benshoof

Touro Law Review

No abstract provided.


Freedom Of Speech And Press Jan 1993

Freedom Of Speech And Press

Touro Law Review

No abstract provided.


Freedom Of Speech And Press Jan 1993

Freedom Of Speech And Press

Touro Law Review

No abstract provided.


Notes On Criminal Coercion And Freedom Of Speech, Wendy J. Gordon, Kent Greenawalt Jan 1993

Notes On Criminal Coercion And Freedom Of Speech, Wendy J. Gordon, Kent Greenawalt

Scholarship Chronologically

No abstract provided.


Black And White Images, John H. Garvey Jan 1993

Black And White Images, John H. Garvey

Scholarly Articles

In 1989 the National Endowment for the Arts (the "NEA") caused a stir by funding two exhibitions of photographs by Robert Mapplethorpe and Andres Serrano. The pictures were vulgar and irreverent, and many people thought that the NEA should not sponsor them with tax money. Whether the NEA can actually control the content of speech that it pays for is a hard First Amendment question. I want to look at how Congress has tried to answer it. Congress seriously considered two solutions, and adopted one of them in 1990. Both rely on analogies drawn from the area of race relations. …


R.A.V. V. St. Paul: The Debate Over The Constitutionality Of Hate Crime Laws Ends; Or Is This Just The Beginning, Joseph E. Starkey Jr. Jan 1993

R.A.V. V. St. Paul: The Debate Over The Constitutionality Of Hate Crime Laws Ends; Or Is This Just The Beginning, Joseph E. Starkey Jr.

West Virginia Law Review

No abstract provided.


Federalism, The Commerce Clause, And Equal Protection, Leon Friedman Jan 1993

Federalism, The Commerce Clause, And Equal Protection, Leon Friedman

Touro Law Review

No abstract provided.


The Importance Of A Contextual Approach To Libel Law: The Impact Of Immuno Ag. V. Moor-Jankowski And Milkovich V. Lorain Journal Co., Margaret Chan Jan 1993

The Importance Of A Contextual Approach To Libel Law: The Impact Of Immuno Ag. V. Moor-Jankowski And Milkovich V. Lorain Journal Co., Margaret Chan

Touro Law Review

No abstract provided.


Reporting The Truth And Setting The Record Straight: An Analysis Of U.S. And Japanese Libel Laws, Ellen M. Smith Jan 1993

Reporting The Truth And Setting The Record Straight: An Analysis Of U.S. And Japanese Libel Laws, Ellen M. Smith

Michigan Journal of International Law

This Note argues that U.S. courts and lawmakers should adopt some aspects of Japanese libel law. Part I compares the balances struck in U.S. and Japanese libel law between promoting press freedoms and protecting individual interests. Part II focuses on the extent to which each system succeeds in addressing the objectives of encouraging aggressive, accurate reporting, and compensating libel victims. Finally, Part III proposes a new U.S. libel standard that would adopt, with some modifications, key elements of Japanese libel law without running afoul of established U.S. constitutional requirements.


Cover Your Ears, John H. Garvey Jan 1993

Cover Your Ears, John H. Garvey

Scholarly Articles

Lee v. Weisman holds that public schools cannot offer prayers at graduation ceremonies. It has another curious implication: according to George Dent, it also means that public schools must excuse religious dissenters from offensive parts of the currculum. I think this is an astute observation. The issues are not alike doctrinally Weisman is an Establishment Clause case; the curriculum cases are Free Exercise cases. But the schools cause similar harms in both cases; they do so mostly by exposing children to unwelcome ideas. Why is this so upsetting? Why object to hearing people talk? I want to make three observations: …


The Pc Harangue, James Boyle Jan 1993

The Pc Harangue, James Boyle

Faculty Scholarship

No abstract provided.


People V. Diguida: Freedom Of Expression On Private Property Under The Illinois Constitution, Douglas M. Poland Jan 1993

People V. Diguida: Freedom Of Expression On Private Property Under The Illinois Constitution, Douglas M. Poland

Loyola University Chicago Law Journal

No abstract provided.


A Critique Of The Anti-Pornography Syllogism , George C. Thomas Iii Jan 1993

A Critique Of The Anti-Pornography Syllogism , George C. Thomas Iii

Maryland Law Review

No abstract provided.


Constitutional Law - Third Circuit Sets Forth Balancing Test For Evaluating Jus Terth Standing In First Amendment Context, Michael A. Frattone Jan 1993

Constitutional Law - Third Circuit Sets Forth Balancing Test For Evaluating Jus Terth Standing In First Amendment Context, Michael A. Frattone

Villanova Law Review (1956 - )

No abstract provided.


The First Amendment Right To Petition Government For A Redress Of Grievances: Cut From A Different Cloth, 21 Hastings Const. L.Q. 15 (1993), Julie M. Spanbauer Jan 1993

The First Amendment Right To Petition Government For A Redress Of Grievances: Cut From A Different Cloth, 21 Hastings Const. L.Q. 15 (1993), Julie M. Spanbauer

UIC Law Open Access Faculty Scholarship

No abstract provided.


Challenging The Autonomous Press (Book Review), Lili Levi Jan 1993

Challenging The Autonomous Press (Book Review), Lili Levi

Articles

No abstract provided.


Constitutional Adventures In Wonderland: Exploring The Debate Between Rules And Standards Through The Looking Glass Of The First Amendment, David L. Faigman Jan 1993

Constitutional Adventures In Wonderland: Exploring The Debate Between Rules And Standards Through The Looking Glass Of The First Amendment, David L. Faigman

Faculty Scholarship

No abstract provided.


The Right To Religion-Based Exemptions In Early America: The Case Of Conscientious Objectors To Conscription, Ellis M. West Jan 1993

The Right To Religion-Based Exemptions In Early America: The Case Of Conscientious Objectors To Conscription, Ellis M. West

Political Science Faculty Publications

One of the more controversial decisions handed down by the Supreme Court in recent years was its decision in the case of Employment Division, Oregon v. Smith, which raised the basic issue of whether the free exercise clause of the First Amendment guarantees a right to religion-based exemptions, i.e., whether it gives persons and groups a prima facie right to be exempt from having to obey valid laws when they have religious reasons for noncompliance. More specifically, in Smith, two Native Americans claimed that their prosecution for using an illegal drug, peyote, was precluded by the free exercise clause …


Church Of The Lukumi Babalu Aye V. City Of Hialeah, Paul Bader Jan 1993

Church Of The Lukumi Babalu Aye V. City Of Hialeah, Paul Bader

Faculty Articles and Papers

In Church of the Lukumi Babalu Aye v. City of Hialeah,1 a Florida district court has gone further than any other federal court in proscribing a church's right to exercise its religious beliefs. The district court found that the city's interests in public health, child welfare, and animal welfare were sufficient to override the protection provided under the free exercise clause of the First Amendment.2 After the Eleventh Circuit Court of Ap- peals affirmed in an unpublished opinion the Supreme Court granted cer- tiorari to decide whether the First Amendment3 protects a religion's prac- tice of animal sacrifice. The Supreme …


The Death Knell For Hate-Crime Laws? The Supreme Court Protects Unpopular Speech In R.A.V. V. City Of St. Paul, Gregory Preves Jan 1993

The Death Knell For Hate-Crime Laws? The Supreme Court Protects Unpopular Speech In R.A.V. V. City Of St. Paul, Gregory Preves

Loyola University Chicago Law Journal

No abstract provided.


Fast Food And False Friends In The Shopping Mall Of Ideas, Steven L. Winter Jan 1993

Fast Food And False Friends In The Shopping Mall Of Ideas, Steven L. Winter

Law Faculty Research Publications

No abstract provided.


The First Amendment In The Foreign Affairs Realm: Domesticating The Restriction On Citizen Participation, Brad R. Roth Jan 1993

The First Amendment In The Foreign Affairs Realm: Domesticating The Restriction On Citizen Participation, Brad R. Roth

Law Faculty Research Publications

No abstract provided.


Foreword: Religious Participation In Public Debate, Matthew Steffey Jan 1993

Foreword: Religious Participation In Public Debate, Matthew Steffey

Journal Articles

No abstract provided.


Book Review. Choosing The Dream: The Future Of Religion In American Public Life By F. M. Gedicks And R. Hendrix, Daniel O. Conkle Jan 1993

Book Review. Choosing The Dream: The Future Of Religion In American Public Life By F. M. Gedicks And R. Hendrix, Daniel O. Conkle

Articles by Maurer Faculty

No abstract provided.


Back From The Brink, Joel M. Gora Jan 1993

Back From The Brink, Joel M. Gora

Touro Law Review

No abstract provided.


There Goes The Neighborhood: The Evolution Of "Family" In Local Zoning Ordinances, William Graham Jan 1993

There Goes The Neighborhood: The Evolution Of "Family" In Local Zoning Ordinances, William Graham

Touro Law Review

No abstract provided.


Freedom Of Speech And Press Jan 1993

Freedom Of Speech And Press

Touro Law Review

No abstract provided.