First Amendment Commons^™

Defining The Relevant Forum: The United States Postal Service Constitutes A Single Forum For Communication, Melissa C. Manke

Washington Law Review

The United States Postal Service fulfills a vital public function by enabling people to communicate in an effective and efficient way. The United States Supreme Court has firmly established the use of the mails as a free speech right guaranteed by the First Amendment. Courts apply a three-part forum analysis when analyzing First Amendment challenges to restrictions on the use of the mail system. This analysis requires courts to define the forum to which the plaintiff seeks access, to determine if that forum is public or nonpublic, and to apply the level of scrutiny proper to the type of forum …

Discriminatory Filtering: Cipa's Effect On Our Nation's Youth And Why The Supreme Court Erred In Upholding The Constitutionality Of The Children's Internet Protection Act, Katherine A. Miltner

Federal Communications Law Journal

Congress introduced the Children's Internet Protection Act ("CIPA") in order to filter obscene and indecent material in response to a perceived threat to members of the public, specifically minors, who are exposed to pornographic material on the Internet. The provisions of CIPA have provoked tension between two competing interests: protecting minors from cyberpornography, and safeguarding First Amendment rights. This Note argues that the Supreme Court erred by upholding the constitutionality of CIPA. As a result of the Supreme Court's decision, the nation's youth will have restricted access to constitutionally protected information. The Court improperly relied on a provision of the …

Advanced Employment Retaliation Issues, William A. Herbert

Publications and Research

This paper presented at the American Bar Association 2005 Equal Employment Opportunity Committee Midwinter Meeting discusses three issues relating to retaliation claims in the private and public sectors: the use of union information demands with regard to potential retaliation claims; the anti-retaliation provisions contained in certain federal environmental laws and regulations; and the standards for establishing causation regarding an adverse personnel action in First Amendment retaliation claims by public employees.

To Surf And Protect: The Children's Internet Protection Act Policies Material Harmful To Minors And A Whole Lot More, Michael B. Cassidy

Michigan Telecommunications & Technology Law Review

This Note will examine the constitutional issues raised by installing Internet filtering software in public libraries. Part I explores the First Amendment, the standard of review for restricting Internet material, and the government's role in protecting minors and regulating speech. Part II discusses library patrons' First Amendment rights in public libraries. Part III provides the statutory framework of the E-rate and LSTA programs, as well as the Children's Internet Protection Act (CIPA). Part IV examines the effectiveness of current Internet filtering technology and provides the American Library Association's policies on Internet filtering in public libraries. Part V discusses the district …

Richard Sheppard Arnold: A Distinguished Jurist, A Loyal Colleague And A Good Friend, Gerald W. Heaney

University of Arkansas at Little Rock Law Review

No abstract provided.

Who Owns The Medium Owns The Message? The Ambiguity Of The Right To Communicate In The Age Of Convergence, Aliaa Ibrahim Dakroury

Reconstruction: Studies in Contemporary Culture

In her essay on The Ambiguity of the Right to Communicate in the Age of Convergence, Aliaa Dakroury frames the issue mediation in terms of media ownership and control. The question asked in the title -- Who Owns the Medium Owns the Message? -- in its rhetorical rather than literal form, indicates the skepticism with which Dakroury approaches too narrow a vision of determination. In the terms of his case study, this means questioning the apparent incommensurability of the economic convergence of multi-national media conglomerates and the right to communicate. To do so, Dakroury offers substantial analyses of both the …

Courtside, Paul M. Smith, Katherine A. Fallow, Daniel Mach, Aaron-Andrew P. Bruhl

Popular Media

No abstract provided.

Roger Williams On Liberty Of Conscience, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.

Petition For Writ Of Certiorari, Bellecourt, Et Al., V. City Of Cleveland, 544 U.S. 1033, 125 S. Ct. 2271 (2005), Kevin Francis O'Neill, Terry H. Gilbert

Law Faculty Briefs and Court Documents

Deciding an important question of Federal Free Speech law, the Ohio Supreme Court has recognized a fire safety justification so easy to invoke that it may be used to punish virtually every instance of flag burning and effigy burning - thereby undercutting this Court's decision in Texas v. Johnson, and creating a question of first impression that requires this Court's review and correction.

Freedom Of The Press: How University Newspapers Have Fared In The Face Of Challenges From Students, Administrators, Advertisers, And State Legislatures, Lisa Bohman

Brigham Young University Education and Law Journal

No abstract provided.

The Continuing Saga Of Internet Censorship: The Child Online Protection Act, Martha Mccarthy

Brigham Young University Education and Law Journal

No abstract provided.

From Carlin's Seven Dirty Words To Bono's One Dirty Word: A Look At The Fcc's Ever-Expanding Indecency Enforcement Role, Faith Sparr

First Amendment Law Review

No abstract provided.

Protecting The Marketplace Of Ideas: The First Amendment And Public School Teachers' Classroom Speech, Emily Holmes Davis

First Amendment Law Review

No abstract provided.

Don't Fence Us In: A First Amendment Right To Freedom Of Assembly And Speech, Nicole C. Winnett

First Amendment Law Review

No abstract provided.

Juror Identities In High-Profile Trials: The Case For A First Amendment Right Of Access, Marcus M. Wilson Jr.

First Amendment Law Review

No abstract provided.

Getting Entangled In The Establishment Clause: Implications Of The Decision In Utah Gospel Mission V. Salt Lake City, Matthew A. Russell

First Amendment Law Review

No abstract provided.

Contents, First Amendment Law Review

First Amendment Law Review

No abstract provided.

Incarceration Of The Free Exercise Clause: The Sixth Circuit's Misstep In Cutter V. Wilkinson, James B. Mcmullin

Brigham Young University Journal of Public Law

No abstract provided.

Information Cascades And Mass Media Law, Steven Geoffrey Gieseller

First Amendment Law Review

No abstract provided.

Enemy Combatant Status Hearings: Predicting The Right Of Access By The Press And Public, Jeffrey S. Koweek

First Amendment Law Review

No abstract provided.

Self-Government Before The Judiciary And A First Amendment Standard That Protects The Content Of Courtroom Argument, Liam Braber

First Amendment Law Review

No abstract provided.

Originalism, Ceremonial Deism And The Pledge Of Allegiance, Z. Ryan Pahnke

Nevada Law Journal

No abstract provided.

Free Exercise And The Problem Of Symmetry, Nelson Tebbe

Cornell Law Faculty Publications

This Article identifies a difficulty with the neutrality paradigm that currently shapes thinking about the Free Exercise Clause both on the Supreme Court and among its leading critics. It proposes a liberty component, shows how it would generate more attractive results than neutrality alone, and defends the liberty approach against likely objections.

A controversial neutrality rule currently governs cases brought under the Free Exercise Clause. Under that rule, only laws and policies that have the purpose of discriminating against religion draw heightened scrutiny. All others are presumptively constitutional, regardless of how severely they burden religious practices.

Critics have attacked the …

Transcript Of Weapons Of Mass Destruction, National Security, And A Free Press: Seminal Issues As Viewed Through The Lens Of The Progressive Case, David Rudenstine

Cardozo Law Review

No abstract provided.

No Secret, No Defense: United States V. Progressive, Ian M. Dumain

Cardozo Law Review

No abstract provided.

But Could They Pray At Uva? The Fourth Circuit's Application Of The Supreme Court's School Prayer Jurisprudence To The Virginia Military Institute's Adult Cadets, Alexander A. Minard

William & Mary Bill of Rights Journal

No abstract provided.

Private Attorneys General And The First Amendment, Trevor W. Morrison

Michigan Law Review

The "private attorney general" is under fire again. It has been in and out of favor in the six decades since it was named, in part because it has come to signify so many different things. At its core, however, the term denotes a plaintiff who sues to vindicate public interests not directly connected to any special stake of her own. The remedies sought in such actions tend to be correspondingly broad: rather than seeking redress for discrete injuries, private attorneys general typically request injunctive or other equitable relief aimed at altering the practices of large institutions. From school desegregation …

Water Versus Objects: Reproduction Or Dissemination - How Did Pop Music Become Ubiquitous?, Diedrich Diederichsen

Cardozo Law Review

No abstract provided.

The Demise Of The First Amendment As A Guarantor Of Religious Freedom, Ivan E. Bodensteiner

Law Faculty Publications

No abstract provided.

Toward Flawlessness, Peter E. Quint

Faculty Scholarship

No abstract provided.