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Articles 61 - 90 of 146
Full-Text Articles in First Amendment
Life-Giving Speech Amid An Empire Of Silence, Walter Brueggemann
Life-Giving Speech Amid An Empire Of Silence, Walter Brueggemann
Michigan Law Review
It will come as no surprise to readers of the Law Review that James Boyd White is a daring and wise practitioner of what Clifford Geertz terms "blurred genres." By appeal to Kenneth Burke, Victor Turner, and Paul Ricoeur, among others, Geertz envisions a broad interpretive venture that breaks out of the rigid regulations of a particular discipline to the larger constructive enterprise that entertains life and its meaning as a "game" of face-to-face engagement, or as a "drama" that presses on to the next scene. White's work fits that vision precisely. In Living Speech: Resisting the Empire of Force, …
A Response To Professor Laycock, Marci A. Hamilton
Drop Coffers, Richard W. Garnett, Benjamin P. Carr
Drop Coffers, Richard W. Garnett, Benjamin P. Carr
Journal Articles
”Coffers.” When we hear or read the word, what do we picture? Buried treasure on the Isle of Monte Cristo? The dragon Smaug’s stolen riches, piled deep under the Lonely Mountain? Maybe we dimly remember a line of Shakespeare or Chaucer. If one is male and of a certain age, the word might bring to the surface suppressed memories of the all-nighters and arcana associated with Dungeons & Dragons. And, if one is a justice of the Supreme Court of the United States, one’s thoughts might turn to the checking account of St. Jerome Catholic School in Cleveland.
School Speech V. School Safety: In The Aftermath Of Violence On School Campuses Throughout This Nation, How Should School Officials Respond To Threatening Student Expression?, Richard V. Blystone
School Speech V. School Safety: In The Aftermath Of Violence On School Campuses Throughout This Nation, How Should School Officials Respond To Threatening Student Expression?, Richard V. Blystone
Brigham Young University Education and Law Journal
No abstract provided.
Contents, First Amendment Law Review
These Dishonored Dead: Veteran Memorials And Religious Preferences, David Rittgers
These Dishonored Dead: Veteran Memorials And Religious Preferences, David Rittgers
First Amendment Law Review
No abstract provided.
Privatizing Public Forums To Eliminate Dissent, Kevin Francis O'Neill
Privatizing Public Forums To Eliminate Dissent, Kevin Francis O'Neill
First Amendment Law Review
No abstract provided.
Randall V. Sorrell: Campaign-Finance Regulation And The First Amendment As A Facilitator Of Democracy, Rachel Gage
Randall V. Sorrell: Campaign-Finance Regulation And The First Amendment As A Facilitator Of Democracy, Rachel Gage
First Amendment Law Review
No abstract provided.
Sinkholes And Substantial Rights: North Carolina's Rejection Of Enhanced Procedural Protections For Defamation Defendants, Eric M. David
Sinkholes And Substantial Rights: North Carolina's Rejection Of Enhanced Procedural Protections For Defamation Defendants, Eric M. David
First Amendment Law Review
No abstract provided.
Reporters And Their Confidential Sources: How Judith Miller Represents The Continuing Disconnect Between The Courts And The Press, Elizabeth Coenia Sims
Reporters And Their Confidential Sources: How Judith Miller Represents The Continuing Disconnect Between The Courts And The Press, Elizabeth Coenia Sims
First Amendment Law Review
No abstract provided.
Preaching From The State's Podium: What Speech Is Proselytizing Prohibited By The Establishment Clause?, Christian M. Keiner
Preaching From The State's Podium: What Speech Is Proselytizing Prohibited By The Establishment Clause?, Christian M. Keiner
Brigham Young University Journal of Public Law
No abstract provided.
King Solomon: Did The Supreme Court Make A Wise Decision In Upholding The Solomon Amendment In Rumsfeld V. Forum For Academic & Institutional Rights, Inc.?, Brook Bristow
Mercer Law Review
In a unanimous decision in Rumsfeld v. Forum for Academic & Institutional Rights, Inc., the United States Supreme Court upheld the constitutionality of the Solomon Amendment. The Court ruled that under the Solomon Amendment, military recruiters must be given the same access as nonmilitary recruiters on university campuses. The Court's holding clarified three First Amendment tangential freedom issues: (1) what is and what is not expressive conduct; (2) what constitutes compelled speech; and (3) what is meant by expressive association.
Protecting The Marketplace Of Ideas In The Classroom: Why The Equal Access Act And The First Amendment Require The Recognition Of Gay/Straight Alliances In America's Public Schools, Carolyn Pratt
First Amendment Law Review
No abstract provided.
Closing The Orwellian Loophole: The Present Constitutionality Of Big Brother And The Potential For A First Amendment Cure, Matthew Lynch
Closing The Orwellian Loophole: The Present Constitutionality Of Big Brother And The Potential For A First Amendment Cure, Matthew Lynch
First Amendment Law Review
No abstract provided.
But I Thought This Was Sin City!: Nevada's Restrictions On Advertisements For Legal Brothel Services, Denise S. Balboni
But I Thought This Was Sin City!: Nevada's Restrictions On Advertisements For Legal Brothel Services, Denise S. Balboni
Nevada Law Journal
No abstract provided.
The Van Orden And Mccreary County Cases: Closing The Gaps Remaining Between The Established Lines Of Ten Commandments Jurisprudence, Matthew J. Morrison
The Van Orden And Mccreary County Cases: Closing The Gaps Remaining Between The Established Lines Of Ten Commandments Jurisprudence, Matthew J. Morrison
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Newsgathering In Light Of Hipaa, Alexander A. Boni-Saenz
Newsgathering In Light Of Hipaa, Alexander A. Boni-Saenz
All Faculty Scholarship
This short piece examines the interaction between the Health Insurance Portability and Accountability Act (HIPAA), a federal law designed to protect the privacy of individuals’ health information, and state Freedom of Information (FOI) laws, which are designed to ensure public access to government documents. It describes three recent cases from different states that addressed difficult issues about where and how to draw the line between the public’s right to know and individuals’ rights to keep their medical information secret. It concludes that questions about the interaction of state FOI laws and HIPAA should be guided by the framework suggested in …
Recognizing The Grey: Toward A New View Of The Law Governing Digital Music Sampling Informed By The First Amendment, William Y. Durbin
Recognizing The Grey: Toward A New View Of The Law Governing Digital Music Sampling Informed By The First Amendment, William Y. Durbin
William & Mary Bill of Rights Journal
No abstract provided.
Stop Restricting Speech And Educate The Public: A Review Of The Aba's Proposed Campaign Activity Canon Of The Model Code Of Judicial Conduct, Tiffany L. Carwile
Stop Restricting Speech And Educate The Public: A Review Of The Aba's Proposed Campaign Activity Canon Of The Model Code Of Judicial Conduct, Tiffany L. Carwile
William & Mary Bill of Rights Journal
No abstract provided.
Tool Of The Trademark: Brand Criticism And Free Speech Problems With The Trademark Dilution Revision Act Of 2006, Jesse A. Hofrichter
Tool Of The Trademark: Brand Criticism And Free Speech Problems With The Trademark Dilution Revision Act Of 2006, Jesse A. Hofrichter
Cardozo Law Review
No abstract provided.
An Expressive Jurisprudence Of The Establishment Clause, Ivan E. Bodensteiner, Alex Geisinger
An Expressive Jurisprudence Of The Establishment Clause, Ivan E. Bodensteiner, Alex Geisinger
Law Faculty Publications
No abstract provided.
The Fcc Complaint Process And Increasing Public Unease: Toward An Apolitical Broadcast Indecency Regime, Kurt Hunt
Michigan Telecommunications & Technology Law Review
[...]I propose depoliticizing the broadcast indecency regime by utilizing polling to determine the average broadcast viewer's opinion, divorced from all the pressures inherent in relying on the complaint process as a proxy. In section II, I will discuss the background and development of the broadcast indecency doctrine from the days of the Federal Radio Commission in the 1920s through the present day. I will also explain why the apparent increasing public unease is misleading, and why valid First Amendment concerns are steamrolled by the fiery nature of the debate. In section III, I will explain why the FCC's reliance on …
Hemlock In The Marketplace: How Freedom Of The Press For College Newspapers Poisons The First Amendment, 40 J. Marshall L. Rev. 1365 (2007), Michael Hopkins
Hemlock In The Marketplace: How Freedom Of The Press For College Newspapers Poisons The First Amendment, 40 J. Marshall L. Rev. 1365 (2007), Michael Hopkins
UIC Law Review
No abstract provided.
The First Amendment And State Regulation Of In-Person Solicitation Of Public Accounting Services, Damaris Rosich-Schwartz
The First Amendment And State Regulation Of In-Person Solicitation Of Public Accounting Services, Damaris Rosich-Schwartz
St. Thomas Law Review
This article will discuss the history of the commercial speech doctrine as part of the First Amendment, its past and present protection, and the current test applied to state regulation of commercial speech, concentrating on state regulation of in-person solicitations of professionals, like attorneys and CPAs. This article will further discuss the reasons why an attorney's in-person solicitations can and should be regulated by the states, and why the same reasons apply to CPAs. Additionally, this article will discuss the United States Supreme Court's 1993 decision, Edenfield v. Fane, where the Court held that states cannot regulate in-person solicitations of …
Legalized Gaming And Political Contributions: When The Diceman Cometh, Will Corruption Goeth?, 40 J. Marshall L. Rev. 1089 (2007), Bonny Bumiller
Legalized Gaming And Political Contributions: When The Diceman Cometh, Will Corruption Goeth?, 40 J. Marshall L. Rev. 1089 (2007), Bonny Bumiller
UIC Law Review
No abstract provided.
In Search Of Regulatory Equilibrium, Lili Levi
Subsidiary And Religious Establishments In The United States Constitution, Kyle Duncan
Subsidiary And Religious Establishments In The United States Constitution, Kyle Duncan
Villanova Law Review (1956 - )
No abstract provided.
Virtual Worlds - Real Courts, Kevin W. Saunders
Virtual Worlds - Real Courts, Kevin W. Saunders
Villanova Law Review (1956 - )
No abstract provided.
Church, State, And The Practice Of Love, Richard W. Garnett
Church, State, And The Practice Of Love, Richard W. Garnett
Villanova Law Review (1956 - )
No abstract provided.
Can The Irs Silence Religious Organizations, Meghan J. Ryan
Can The Irs Silence Religious Organizations, Meghan J. Ryan
Faculty Journal Articles and Book Chapters
In the years following the 2004 presidential election, the Los Angeles Times reported that the Internal Revenue Service threatened revoking the tax-exempt status of the All Saints Episcopal Church in Pasadena because during a 2004 sermon, a church rector stated that he opposed the Vietnam and Gulf wars and that Jesus would have disapproved of the Bush Administration's preemptive war doctrine. The rector did not tell his parishioners who to support in the 2004 election, however. This threat of revoking an organization's tax-exempt status is just one example of the IRS's recent and unprecedented aggressiveness in seeking out violations of …