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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
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
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
In Re Holtzman: Free Speech Or Professional Misconduct?, David W. Wright
Touro Law Review
No abstract provided.
The Pennsylvania Abortion Case, Janet Benshoof
Notes On Criminal Coercion And Freedom Of Speech, Wendy J. Gordon, Kent Greenawalt
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
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.
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
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
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
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
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
People V. Diguida: Freedom Of Expression On Private Property Under The Illinois Constitution, Douglas M. Poland
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
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
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
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
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
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
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
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
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
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
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
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
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
There Goes The Neighborhood: The Evolution Of "Family" In Local Zoning Ordinances, William Graham
There Goes The Neighborhood: The Evolution Of "Family" In Local Zoning Ordinances, William Graham
Touro Law Review
No abstract provided.