Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (50)
- Religion Law (13)
- Internet Law (12)
- Communications Law (10)
- Supreme Court of the United States (10)
-
- Education Law (9)
- Courts (8)
- Civil Rights and Discrimination (6)
- Legislation (6)
- Torts (5)
- Criminal Law (4)
- Litigation (4)
- Antitrust and Trade Regulation (3)
- Arts and Humanities (3)
- Criminal Procedure (3)
- Entertainment, Arts, and Sports Law (3)
- Fourteenth Amendment (3)
- Intellectual Property Law (3)
- Jurisprudence (3)
- Privacy Law (3)
- Religion (3)
- State and Local Government Law (3)
- Comparative and Foreign Law (2)
- Education (2)
- Food and Drug Law (2)
- Fourth Amendment (2)
- Health Law and Policy (2)
- Law and Gender (2)
- Institution
-
- University of Arkansas Little Rock (15)
- Maurer School of Law: Indiana University (13)
- University of Richmond (12)
- Cleveland State University (7)
- University of Michigan Law School (7)
-
- Notre Dame Law School (6)
- William & Mary Law School (6)
- Brigham Young University Law School (5)
- Yeshiva University, Cardozo School of Law (5)
- Vanderbilt University Law School (4)
- Campbell University School of Law (3)
- Georgetown University Law Center (3)
- Loyola University Chicago, School of Law (3)
- Touro University Jacob D. Fuchsberg Law Center (3)
- UIC School of Law (3)
- University of Miami Law School (3)
- University of Missouri School of Law (3)
- Cornell University Law School (2)
- Mercer University School of Law (2)
- University of Kentucky (2)
- University of Oklahoma College of Law (2)
- American University Washington College of Law (1)
- Boston University School of Law (1)
- Brooklyn Law School (1)
- Case Western Reserve University School of Law (1)
- Florida International University College of Law (1)
- Roger Williams University (1)
- Seattle University School of Law (1)
- The Catholic University of America, Columbus School of Law (1)
- University of Denver (1)
- Keyword
-
- First Amendment (21)
- First amendment (7)
- Freedom of speech (7)
- Establishment Clause (6)
- United States Supreme Court (6)
-
- Free speech (5)
- Internet (5)
- Employment Division v. Smith (4)
- Freedom of Speech (4)
- Freedom of the press (4)
- Religion (4)
- Allen Chair Symposium (3)
- Constitution (3)
- Defamation (3)
- Federal Communications Commission (3)
- Free Exercise Clause (3)
- Freedom of religion (3)
- Religious freedom (3)
- Supreme Court (3)
- United States (3)
- United States Constitution 1st Amendment (3)
- Violence (3)
- Anonymous speech (2)
- Brandenburg v. Ohio (2)
- Cohen v. Cowles Media Co. (2)
- Constitutional Law (2)
- Copyright (2)
- Desnick v. American Broadcasting Cos. (2)
- Dietemann v. Time Inc. (2)
- Equality (2)
- Publication
-
- University of Arkansas at Little Rock Law Review (15)
- University of Richmond Law Review (10)
- Faculty Publications (8)
- Indiana Law Journal (7)
- Federal Communications Law Journal (5)
-
- Law Faculty Articles and Essays (5)
- Michigan Law Review (4)
- Campbell Law Review (3)
- Court Briefs (3)
- Georgetown Law Faculty Publications and Other Works (3)
- Journal Articles (3)
- Touro Law Review (3)
- Articles (2)
- BYU Law Review (2)
- Cardozo Law Review (2)
- Cornell Law Faculty Publications (2)
- Faculty Publications & Other Works (2)
- Faculty Scholarship (2)
- Mercer Law Review (2)
- Scholarly Articles (2)
- UIC Law Review (2)
- University of Miami Law Review (2)
- Vanderbilt Journal of Entertainment & Technology Law (2)
- Vanderbilt Law Review (2)
- William & Mary Bill of Rights Journal (2)
- American Indian Law Review (1)
- Articles by Maurer Faculty (1)
- Book Chapters (1)
- Brigham Young University Education and Law Journal (1)
- Brigham Young University Journal of Public Law (1)
- Publication Type
Articles 61 - 90 of 128
Full-Text Articles in First Amendment
First Amendment & Goal: High School Recruiting And The State Actor Theory, David W. Dulabon
First Amendment & Goal: High School Recruiting And The State Actor Theory, David W. Dulabon
Vanderbilt Journal of Entertainment & Technology Law
After hearing the arguments of both sides, the District Court for Middle Tennessee held that the recruiting rule violates the First Amendment, making the sanctions imposed by the TSSAA on Brentwood Academy void and unenforceable. On appeal, the Sixth Circuit failed to address the First Amendment issue due to its holding that the TSSAA did not constitute a state actor for constitutional law purposes. The Sixth Circuit concluded that the TSSAA's actions are not fairly attributable to the state of Tennessee. The court also noted that Brentwood Academy's purely voluntary association with the TSSAA prevented the private high school from …
Boerne And Buddhism: Reconsidering Religious Freedom And Religious Pluralism After Boerne V. Flores, 33 J. Marshall L. Rev. 689 (2000), Eric Pruitt
UIC Law Review
No abstract provided.
Nelson V. Mcclatchy Newspapers: What Happens When Freedom Of The Press Collides With Free Speech?, Adam Horowitz
Nelson V. Mcclatchy Newspapers: What Happens When Freedom Of The Press Collides With Free Speech?, Adam Horowitz
University of Miami Law Review
No abstract provided.
Religious Liberty And The Politics Of Judicial Review, Robert A. Destro
Religious Liberty And The Politics Of Judicial Review, Robert A. Destro
Scholarly Articles
No abstract provided.
May Public Universities Restrict Faculty From Receiving Or Transmitting Information Via University Computer Resources? Academic Freedom, The First Amendment, And The Internet, Damon L. Krieger
Maryland Law Review
No abstract provided.
Attempting To Ensure Fairness In The Glare Of The Media, Richard D. Friedman
Attempting To Ensure Fairness In The Glare Of The Media, Richard D. Friedman
Book Chapters
All legal systems worthy of credit have a commitment to achieving fairness between the parties to the litigation. In addition, common law legal systems have a longstanding commitment to openness in judicial proceedings. At the same time, and in part for the same reasons, they also have a longstanding commitment to freedom of expression. There is inevitably a tension among these three goals, because in cases of great public interest openness leads to publicity, and publicity may threaten or at least appear to threaten the fairness of a trial. In addition, sometimes publicity may create an intrusion on the lives …
Another Attempt To Solve The Prior Restraint Mystery: Applying The Nebraska Press Standard To Media Disclosure Of Attorney-Client Communications, 18 Cardozo Arts & Ent. L.J. 307 (2000), Alberto Bernabe
UIC Law Open Access Faculty Scholarship
No abstract provided.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Privacy And Celebrity: An Essay On The Nationalization Of Intimacy, Robert F. Nagel
Privacy And Celebrity: An Essay On The Nationalization Of Intimacy, Robert F. Nagel
University of Richmond Law Review
I start from the rather obvious proposition that in recent years the American public has placed a high value on the right of privacy. This general commitment to privacy was what kept Robert Bork, despite his qualifications, off the Supreme Court, and more recently it was what kept William Clinton, despite his behavior, in the White House. Bork's nomination was a threat to the constitutional right to use contraceptives and to choose abortion, while the impeachment charges against Clinton were a threat to the moral distinction between public political life and private sexual behavior. The power that the idea of …
Qualified Intimacy, Celebrity, And The Case For A Newsgathering Privilege, Rodney A. Smolla
Qualified Intimacy, Celebrity, And The Case For A Newsgathering Privilege, Rodney A. Smolla
University of Richmond Law Review
In this symposium issue Robert Nagel, Diane Zimmerman, Robert O'Neil, and Erwin Chemerinsky explore the intersection of privacy and freedom of the press. In his fascinating inquiry into privacy and celebrity in modern American life, Robert Nagel demonstrates the connection between the American public's strong commitment to privacy and its simultaneous passion for robust protection of freedom of speech. Among his most important insights is the exposure of "pseudo-intimacy" as a principal currency of contemporary celebrity status. Diane Zimmerman, Robert O'Neil, and Erwin Chemerinsky all investigate the legal principles that ought to surround aggressive and surreptitious newsgathering techniques, each in …
Conflicts In Regulating Religious Institutions, Alan C. Weinstein
Conflicts In Regulating Religious Institutions, Alan C. Weinstein
Law Faculty Articles and Essays
Over the past 25 years, religious institutions have greatly increased their claims of violation of religious freedom when they are denied zoning approval or subjected to historic preservation regulations. While no one can definitively explain the causes of this increase in First Amendment challenges, it can partially be traced to recent changes in both our society and the way our political/legal system conceptualizes religious freedom.
An Accelerated History Of Expressive Freedom, Kevin F. O'Neill
An Accelerated History Of Expressive Freedom, Kevin F. O'Neill
Law Faculty Articles and Essays
My purpose in writing this article is to examine the growth of Anglo-American speech rights over the past millennium. Since the best measure of expressive freedom is the freedom to criticize one's government, I will focus on the regulation of seditious speech in an accelerated tour of history, from the printing press to the present day.
The First Amendment's Petition Clause As An Alternative Basis For Challenging Voter Initiatives That Burden The Enactment Of Anti-Discrimination Protection For Gays, Lesbians, And Bisexuals, Kevin F. O'Neill
Law Faculty Articles and Essays
In the battle for gay, lesbian, and bisexual rights, most of the fighting has centered on two sources of constitutional protection: substantive due process and equal protection. Unfortunately, courts have been reluctant to find in either of those constitutional guarantees a broad source of protection for gays, lesbians, and bisexuals. The purpose of my remarks today is to suggest that the First Amendment—specifically, the Petition Clause of the First Amendment—provides an alternative basis for vindicating gay, lesbian, and bisexual rights in certain cases. At least in the context of voter initiatives that seek to abolish anti-discrimination protection for sexual orientation, …
Silencing Speech In The Workplace: Re-Examining The Use Of Specific Speech Injunctive Relief For Title Vii Hostile Environment Work Claims, 34 J. Marshall L. Rev. 321 (2000), Sonali Das
UIC Law Review
No abstract provided.
The Path Of American Religious Liberty: From The Original Theology To Formal Neutrality And An Uncertain Future, Daniel O. Conkle
The Path Of American Religious Liberty: From The Original Theology To Formal Neutrality And An Uncertain Future, Daniel O. Conkle
Indiana Law Journal
Symposium: Religious Liberty at the Dawn of a New Millennium held at Indiana University School of Law-Bloomington on April 9, 1999.
Blooming Confusion: Madison's Mixed Legacy, Steven D. Smith
Blooming Confusion: Madison's Mixed Legacy, Steven D. Smith
Indiana Law Journal
Symposium: Religious Liberty at the Dawn of a New Millennium held at Indiana University School of Law-Bloomington on April 9, 1999.
The Normalized Free Exercise Clause: Three Abnormalities, Fredrick Mark Gedicks
The Normalized Free Exercise Clause: Three Abnormalities, Fredrick Mark Gedicks
Indiana Law Journal
Symposium: Religious Liberty at the Dawn of a New Millennium held at Indiana University School of Law-Bloomington on April 9, 1999.
A First Amendment Compass: Navigating The Speech Clause With A Five-Step Analytical Framework, Kevin F. O'Neill
A First Amendment Compass: Navigating The Speech Clause With A Five-Step Analytical Framework, Kevin F. O'Neill
Law Faculty Articles and Essays
This Article is designed to serve as a First Amendment “compass,” explaining the Speech Clause while offering a systematic method for analyzing any claim asserted under it. The need for this Article stems from the fact that First Amendment law is more than ever a labyrinth. For students, lawyers, and judges alike, it is difficult even to identify--much less to distinguish and apply-- the various strands of applicable precedent. This is because the Supreme Court has developed a dense mass of overlapping doctrines: drawing distinctions between content-based1 and content-neutral restrictions; drawing further distinctions between fully-protected and “low-level” categories of expression; …
Religious Clubs In The Public Schools: What Happened After Mergens?, Dena S. Davis
Religious Clubs In The Public Schools: What Happened After Mergens?, Dena S. Davis
Law Faculty Articles and Essays
The Equal Access Act, upheld by the Supreme Court in Board of Education v. Mergens, requires public secondary schools to allow access to religiously based student groups on the same basis as other student clubs. Mergens presents many challenges to civil libertarians, who may find their traditional sympathies aligned on both sides of the issue. This article seeks to throw light on some of those issues by reporting on a research project that ascertained the actual effect of the Act on public high schools in Ohio.
Reporting The Official Truth: The Revival Of The Fcc's News Distortion Policy, Lili Levi
Reporting The Official Truth: The Revival Of The Fcc's News Distortion Policy, Lili Levi
Articles
No abstract provided.
School Principals And New York Times: Ohio's Narrow Reading Of Who Is A Public Official Or Public Figure, Andrew L. Turscak Jr.
School Principals And New York Times: Ohio's Narrow Reading Of Who Is A Public Official Or Public Figure, Andrew L. Turscak Jr.
Cleveland State Law Review
The United States Supreme Court has promulgated the rule that plaintiffs in defamation cases who are either public officials or public figures must prove that an alleged defamatory statement was made with "actual malice."' Those individuals who have achieved public official or public figure status have a higher burden of proof than ordinary plaintiffs; they must show that a defamatory falsehood was made "with knowledge that it was false or with reckless disregard of whether it was false or not." The Supreme Court has not listed which government employees qualify for public official status, but it has provided some guidance. …
Religion And Education: Whither The Establishment Clause?, Martha Mccarthy
Religion And Education: Whither The Establishment Clause?, Martha Mccarthy
Indiana Law Journal
Symposium: Religious Liberty at the Dawn of a New Millennium held at Indiana University School of Law-Bloomington on April 9, 1999.
What Is The Matter With Equality?: An Assessment Of The Equal Treatment Of Religion And Nonreligion In First Amendment Jurisprudence, William P. Marshall
What Is The Matter With Equality?: An Assessment Of The Equal Treatment Of Religion And Nonreligion In First Amendment Jurisprudence, William P. Marshall
Indiana Law Journal
Symposium: Religious Liberty at the Dawn of a New Millennium held at Indiana University School of Law-Bloomington on April 9, 1999.
First Amendment Cases In The 1998-99 Term: The Calm Before The Storm, Joel M. Gora
First Amendment Cases In The 1998-99 Term: The Calm Before The Storm, Joel M. Gora
Touro Law Review
No abstract provided.
Freedom Of Religion In The United States: Fin De Siècle Sketches, Michael J. Perry
Freedom Of Religion In The United States: Fin De Siècle Sketches, Michael J. Perry
Indiana Law Journal
Symposium: Religious Liberty at the Dawn of a New Millennium held at Indiana University School of Law-Bloomington on April 9, 1999.
Jury Trials And First Amendment Values In Cyber World, John E. Nowak
Jury Trials And First Amendment Values In Cyber World, John E. Nowak
Faculty Publications & Other Works
No abstract provided.
The Empirical Shortcomings Of First Amendment Jurisprudence: An Historical Perspective On The Power Of Hate Speech, Alexander Tsesis
The Empirical Shortcomings Of First Amendment Jurisprudence: An Historical Perspective On The Power Of Hate Speech, Alexander Tsesis
Faculty Publications & Other Works
No abstract provided.
"We Do Not Preach, We Teach.": Religion Professors And The First Amendment, Leslie C. Griffin
"We Do Not Preach, We Teach.": Religion Professors And The First Amendment, Leslie C. Griffin
Scholarly Works
No abstract provided.
The Marketplace Of Ideas In Cyberspace, Margaret Chon
The Marketplace Of Ideas In Cyberspace, Margaret Chon
Faculty Articles
In the Panel Discussion on The Marketplace Of Ideas In Cyberspace at the 1999-2000 Oliver Wendell Holmes Symposium And Lectureship At Mercer University, Professor Margaret Chon discusses censorship and hate speech on the internet. Professor Chon questions the exporting of our First Amendment jurisprudence in this particular area, since we are the only democratic country to speak of, that protects what we've been referring to as hate speech.
American-Arab -- Getting The Balance Wrong -- Again!, John A. Scanlan
American-Arab -- Getting The Balance Wrong -- Again!, John A. Scanlan
Articles by Maurer Faculty
No abstract provided.