First Amendment Commons^™

A More Sensible Approach To Regulating Independent Expenditures: Defending The Constitutionality Of The Fed's New Express Advocacy Standard, Michael D. Leffel

Michigan Law Review

Campaign finance reformers argue that the "unholy alliance of private money and public elections" has created "a crisis of confidence in our elected officials." The now-deceased campaign reform advocate Philip M. Stem summed up the role of money in campaigns this way: "[M]oney-power has replaced people-power as the driving force in American politics and the determinant of electoral victory." One form of "money-power" in elections that received a great deal of attention in the last election cycle was "independent expenditures." Independent expenditures are funds spent by interested individuals or groups - usually in the form of television or radio advertisements …

Pornography Drives Technology: Why Not To Censor The Internet, Peter Johnson

Federal Communications Law Journal

Historically, the development of new media has been advanced by the creators of pornography. This was evident as communications media evolved from vernacular speech to movable type, to photography, to paperback books, to videotape, to cable and pay-TV, to 900 phone lines, to the French Minitel, and to the Internet. In short, pornography, far from being an evil that the First Amendment must endure, is a positive good that encourages experimentation with new technology. Accordingly, society should not view cyberpornographers as pariahs, rather they should be viewed as explorers who pave the roads for civilization to follow.

Church And State Relations In Australia And The United States: The Purpose And Effect Approaches And The Neutrality Principle, Gabriel A. Moens

BYU Law Review

No abstract provided.

"Brainwashing" Claims And Minority Religions Outside The United States: Cultural Diffusion Of A Questionable Concept In The Legal Arena, James T. Richardson

BYU Law Review

No abstract provided.

The First Amendment Comes Of Age: The Emergence Of Free Speech In Twentieth-Century America, G. Edward White

Michigan Law Review

As the number of issues perceived as having First Amendment implications continues to grow, and the coterie of potential beneficiaries of First Amendment protection continues to widen - including not only the traditional oppressed mavericks and despised dissenters but some rich and powerful members from the circles of political and economic orthodoxy - alarms have been sounded. Another period of stocktaking for free speech theory appears to be dawning, and some recent commentators have proposed a retrenchment from the long twentieth- century progression of increasingly speech-protective interpretations of the First Amendment. At the heart of the retrenchment literature lies the …

Section 3: First Amendment, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Copyright And Free Speech Rights, L. Ray Patterson, Stanley F. Birch, Jr.

Scholarly Works

By letter of 1 March 1993, the Copyright Compliance Office of the Association of American Publishers (AAP) informed a copyshop that it had “without prior permission, made multiple copies of excerpts of copyrighted works for distribution to students in course anthologies.” Stating that this copying was an infringement of copyright, the letter requested the copyshop to sign an enclosed agreement stating it would not commit such acts again and to pay a penalty of “$2,500 to help defray the costs of the AAP's copyright enforcement program in this matter and to impress on your business the need to operate in …

Implementing Waters V. Churchill In Light Of The Loudermill Pretermination Hearing, Laura L. Scarry

In the Public Interest

No abstract provided.

All Things Being Equal ..., John H. Garvey

BYU Law Review

No abstract provided.

Constitutional Imperfection, Judicial Misinterpretation, And The Politics Of Constitutional Amendment: Thoughts Generated By Some Current Proposals To Amend The Constitution, Sanford Levinson

BYU Law Review

No abstract provided.

The Necessity And Impact Of The Proposed Religious Equality Amendment, Steuen T. Mcfarland

BYU Law Review

No abstract provided.

Converting The Religious Equality Amendment Into A Statute With A Little "Conscience", Rodney K. Smith

BYU Law Review

No abstract provided.

The Hidden First Amendment Values Of Privacy, Sean M. Scott

Washington Law Review

The private facts tort protects the privacy of individuals by punishing the publication of private information. The First Amendment protects the press when it publishes information in which the public has a legitimate interest. The right to keep information private and the right to publish information sometimes conflict. The First Amendment is often the victor in these conflicts; courts are concerned that the private facts tort threatens First Amendment values. This Article challenges the argument that punishing a media defendant for publishing truthful information will threaten unduly First Amendment values. The Article argues instead that the private facts tort promotes, …

Mine Accident Investigations: Does The Press Have A Right To Be Present, O. Marie Anderson

West Virginia Law Review

No abstract provided.

The First Amendment Status Of Commercial Speech: Why The Fcc Regulations Implementing The Telephone Consumer Protection Act Of 1991 Are Unconstitutional, Deborah L. Hamilton

Michigan Law Review

This Note considers the constitutionality of the FCC's regulations implementing the no-recorded-message provision of the 1991 TCPA and concludes that they violate the First Amendment because they impermissibly distinguish between commercial and noncommercial speech. Part I explains the structure of the FCC's recorded-message regulations and demonstrates that the regulations explicitly distinguish commercial recorded messages from other recorded messages. Part II examines First Amendment protection for commercial speech in light of three 1993 Supreme Court decisions that restructured commercial speech doctrine by holding that the government can single out commercial speech for regulation only in response to a distinct harm arising …

Tainted Sources: First Amendment Rights And Journalistic Wrongs, Robert M. O'Neil

William & Mary Bill of Rights Journal

The issue of news organizations' potential liability for their newsgathering practices has garnered significant attention in several recent cases. Robert M. O'Neil discusses several such cases which have focused on the balance between the First Amendment interests at stake and the improper or possibly illegal manner in which the media obtained its information. The author concludes by suggesting principles to guide in balancing these interests

Post Constitutionalism, Lawrence Lessig

Michigan Law Review

A Review of Robert C. Post, Constitutional Domains: Democracy, Community, Management

Is There A Principle Of Religious Liberty?, John H. Garvey

Michigan Law Review

A Review of Jesse H. Choper, Securing Religious Liberty: Priniples for Judicial Interpretation of the Religion Clauses and Steven D. Smith, Foreordained Failure: The Quest for a Constitutional Principle of Religious Freedom

The Constitutional Interest In Getting The News: Toward A First Amendment Protection From Tort Liability For Surreptitious Newsgathering, Paul A. Lebel

William & Mary Bill of Rights Journal

No abstract provided.

The Moral Economy Of The Purchase Of Freedom: Ethical Lessons From The Slave Narratives, Lea Vandervelde

Cardozo Law Review

In his contribution to this symposium, Richard Weisberg tells us a subtle story of what he calls "twin hermeneutics." I will use one of these-"the hermeneutic of acceptance"-to launch my own discussion on the subject of ethical dilemmas. By this term, "the hermeneutic of acceptance," Weisberg means the gradual acceptance by French lawyers of the scheme of racial exclusion newly created by Vichy laws. He traces the digression in legal arguments made by French lawyers during the four years of Vichy rule. French lawyers loaned their prestige to these new laws by means which placed their legal arguments on a …

Constitutional Law—First Amendment And Freedom Of Speech—Public Employers Must Conduct A Reasonable Investigation To Determine If An Employee's Speech Is Protected Before Discharging The Employee Based Upon The Speech. Waters V. Churchill, 114 S. Ct. 1878 (1994)., D. Keith Fortner

University of Arkansas at Little Rock Law Review

No abstract provided.

Communicative Freedom, Communicative Power, And Jurisgenesis, Klaus Günther

Cardozo Law Review

One of the doubts raised against discourse theory by many critics concerns the place of the individual. Liberals especially fear that the individual gets involved in a system of obligations which is derived from certain pragmatical presuppositions of communication and which forces the individual to participate in discourses whenever he or she pursues his or her own happiness in society. But Jacques Derrida too, who could scarcely be called a "liberal" in the traditional sense, characterizes those presuppositions of communication which entail an obligation for the speaker and the hearer as "violence." For these critics, it must now be a …

Free Speech Faces Hostile Environment: An Aggressive Hunt For Sex Harassment Leaves Plenty Of Wreckage, Kenneth Lasson

All Faculty Scholarship

Take the case of James Maas, who has been teaching at Cornell University for more than 30 years and whose Psychology 101 is perhaps the largest undergraduate course in the country (attracting about 1,000 students every semester). He was won numerous teaching awards. In 1994, Mr. Maas was called before Cornell's "Professional Ethics Committee" to defend himself against charges of sexual harassment. The allegations centered around his "overly friendly and affectionate behavior" - which, it turns out, were hugs and occasional social kisses, most often in front of class or family.

The most notable example of a professor who stood …

"Do Justice!": Variations Of A Thrice-Told Tale, Michael Herz

Articles

Although recent debates would suggest that narrative scholarship is brand new,4 lawyers, judges, and law professors, like all humankind, have always offered stories for illustration or support or to make a point in an indirect, and often more effective, way. Learned Hand's story about telling Justice Holmes to "do justice" is one widely-used example, offered by many writers in addition to Judge Bork and Professor Chayes. Its popularity is easy to understand. The story has a substantive message, pithily expressed, on a basic jurisprudential issue; it involves two members of the pantheon; and it crams a lot of human interest …

A Championship Season For The First Amendment, Joel Gora

Faculty Scholarship

No abstract provided.

Religious Accommodation And The National Labor Relations Act, Roberto L. Corrada

Sturm College of Law: Faculty Scholarship

This Article argues for amending the National Labor Relations Act ("NLRA") to require employers and unions to accommodate a broader array of employee and third party religious beliefs. By detailing the experiences of several religious adherents, the Article seeks to demonstrate that current statutory and constitutional doctrines fail to adequately protect religious freedom.

After identifying numerous conflicts between the NLRA and religious exercises, the Article explains why a legislative accommodation for religion is appropriate given the long-standing history in United States labor law of accommodating various secular interests (e.g. federalism and free speech) that may conflict with optimal labor policy. …

Freedom Of Speech And Press

Touro Law Review

No abstract provided.

Freedom Of Speech And Press

Touro Law Review

No abstract provided.

Freedom Of Speech And Press

Touro Law Review

No abstract provided.

Rights And Freedoms Under The State Constitution: A New Deal For Welfare Rights, Sandra M. Stevenson, Eve Cary, Mary Falk, Helen Hershkoff, Robert A. Heverly

Touro Law Review

No abstract provided.