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First Amendment Commons™

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First Amendment

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Articles 1591 - 1620 of 1727

Full-Text Articles in First Amendment

The Right To Speak, The Right To Hear, And The Right Not To Hear: The Technological Resolution To The Cable/Pornography Debate, Michael I. Meyerson Oct 1987

The Right To Speak, The Right To Hear, And The Right Not To Hear: The Technological Resolution To The Cable/Pornography Debate, Michael I. Meyerson

All Faculty Scholarship

The advent of cable television presented a new opportunity to consider the competing interests on each side of the free speech/pornography debate. This Article attempts to construct an analysis that will be consistent with Supreme Court teaching on how government, under the first amendment, may constitutionally regulate legal obscenity, particularly in the name of protecting those who wish to avoid exposure to such material.

The Article shows how, unlike earlier battles over technology and pornography, cable television presented the novel opportunity to have a technological rather than a censorial solution to this difficult problem.


The Probable Significance Of The Bork Appointment For Issues Of Particular Concern To Women, Mary Ann Glendon Oct 1987

The Probable Significance Of The Bork Appointment For Issues Of Particular Concern To Women, Mary Ann Glendon

Cardozo Law Review

No abstract provided.


The Judicial Performance Of Robert H. Bork In Administrative And Regulatory Law, Richard B. Stewart Oct 1987

The Judicial Performance Of Robert H. Bork In Administrative And Regulatory Law, Richard B. Stewart

Cardozo Law Review

No abstract provided.


The First Amendment Jurisprudence Of Judge Robert H. Bork, Michael W. Mcconnell Oct 1987

The First Amendment Jurisprudence Of Judge Robert H. Bork, Michael W. Mcconnell

Cardozo Law Review

No abstract provided.


The White House Report: Information On Judge Bork's Qualifications, Judicial Record & Related Subjects Oct 1987

The White House Report: Information On Judge Bork's Qualifications, Judicial Record & Related Subjects

Cardozo Law Review

No abstract provided.


Judge Robert H. Bork's Decisions In Which He Wrote No Opinion: An Analysis Of The Regulatory And Benefit Cases, Robert A. Anthony Oct 1987

Judge Robert H. Bork's Decisions In Which He Wrote No Opinion: An Analysis Of The Regulatory And Benefit Cases, Robert A. Anthony

Cardozo Law Review

No abstract provided.


Analysis Of Judge Robert H. Bork’S Opinions On Standing, Daniel D. Polsby Oct 1987

Analysis Of Judge Robert H. Bork’S Opinions On Standing, Daniel D. Polsby

Cardozo Law Review

No abstract provided.


Freedom Of Speech And Holocaust Denial, Gerald Tishler Feb 1987

Freedom Of Speech And Holocaust Denial, Gerald Tishler

Cardozo Law Review

No abstract provided.


Freedom Of Speech And Racism, David Kretzmer Feb 1987

Freedom Of Speech And Racism, David Kretzmer

Cardozo Law Review

No abstract provided.


Taking Libel Reform Seriously, Rodney A. Smolla Jan 1987

Taking Libel Reform Seriously, Rodney A. Smolla

Scholarly Articles

Not available.


Book Review. Church-State Relationships In America By Gerald V. Bradley, Richard M. Fraher Jan 1987

Book Review. Church-State Relationships In America By Gerald V. Bradley, Richard M. Fraher

Articles by Maurer Faculty

No abstract provided.


Teaching Tolerance, Robert F. Nagel Jan 1987

Teaching Tolerance, Robert F. Nagel

Publications

No abstract provided.


An Excess Of Access: The Cable Communications Policy Act Of 1984 And First Amendment Protection Of Editorial Discretion, Adam R. Spilka Dec 1986

An Excess Of Access: The Cable Communications Policy Act Of 1984 And First Amendment Protection Of Editorial Discretion, Adam R. Spilka

Cardozo Law Review

No abstract provided.


Corporation Of The Presiding Bishop Of The Church Of Jesus Christ Of Latter-Day Saints V. Amos, Lewis F. Powell Jr Oct 1986

Corporation Of The Presiding Bishop Of The Church Of Jesus Christ Of Latter-Day Saints V. Amos, Lewis F. Powell Jr

Supreme Court Case Files

No abstract provided.


Board Of The Airport Commissioners Of The City Of Los Angeles V. Jews For Jesus, Inc., Lewis F. Powell Jr. Oct 1986

Board Of The Airport Commissioners Of The City Of Los Angeles V. Jews For Jesus, Inc., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Celebrities And The First Amendment: Broader Protection Against The Unauthorized Publication Of Photographs, D. Scott Gurney Oct 1986

Celebrities And The First Amendment: Broader Protection Against The Unauthorized Publication Of Photographs, D. Scott Gurney

Indiana Law Journal

No abstract provided.


A Moment Of Silence: A Permissible Accommodation Protecting The Capacity To Form Religious Belief, Andrew Woodbridge Hall Jul 1986

A Moment Of Silence: A Permissible Accommodation Protecting The Capacity To Form Religious Belief, Andrew Woodbridge Hall

Indiana Law Journal

No abstract provided.


A Unifying Theory For The Religion Clauses Of The First Amendment, Thomas R. Mccoy, Gary A. Kurtz Mar 1986

A Unifying Theory For The Religion Clauses Of The First Amendment, Thomas R. Mccoy, Gary A. Kurtz

Vanderbilt Law Review

According to Justice Powell, the first amendment religion clauses are the source of "some of the most perplexing questions"that the Supreme Court confronts. In a long and rapidly expanding line of religion clause cases the Court has struggled, with a conspicuous lack of success, to articulate principles of broad applicability. The Court's efforts to date have resulted in a jumble of tests, standards, and theoretical approaches from which predicting the outcome in future cases is very difficult.

The conceptual problems that have frustrated the Court's attempts at doctrinal development center in two broad areas: first,the meaning and effect of the …


Developments In Civil Liberties: 1984-85 Term, Ivan E. Bodensteiner, Rosalie Levinson Jan 1986

Developments In Civil Liberties: 1984-85 Term, Ivan E. Bodensteiner, Rosalie Levinson

Law Faculty Publications

No abstract provided.


The Secular Meaning Behind The Lemon Test: Lynch V. Donnelly Jan 1986

The Secular Meaning Behind The Lemon Test: Lynch V. Donnelly

Touro Law Review

No abstract provided.


A "Conservative" Judge And The First Amendment: Judicial Restraint And Freedom Of Expression, Daniel O. Conkle Jan 1986

A "Conservative" Judge And The First Amendment: Judicial Restraint And Freedom Of Expression, Daniel O. Conkle

Articles by Maurer Faculty

No abstract provided.


First Amendment Restrictions On Title I Programs In Private Schools, Laura Gaston Dooley Jan 1986

First Amendment Restrictions On Title I Programs In Private Schools, Laura Gaston Dooley

Law Faculty Publications

No abstract provided.


Freedom Of Speech As Therapy, Pierre Schlag Jan 1986

Freedom Of Speech As Therapy, Pierre Schlag

Publications

No abstract provided.


The Supreme Court’S Public Forum Doctrine And The Return Of Formalism, Keith Werhan Jan 1986

The Supreme Court’S Public Forum Doctrine And The Return Of Formalism, Keith Werhan

Cardozo Law Review

No abstract provided.


Federal Rule Of Civil Procedure 68: "Settling" The Differences In The Proposed Amendments To The Offer Of Settlement Rule, Nelson Perel Jan 1986

Federal Rule Of Civil Procedure 68: "Settling" The Differences In The Proposed Amendments To The Offer Of Settlement Rule, Nelson Perel

Cardozo Law Review

No abstract provided.


Bowen V. Roy, Lewis F. Powell Jr. Oct 1985

Bowen V. Roy, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Witters V. Washington Department Of Services For Blind, Lewis F. Powell Jr. Oct 1985

Witters V. Washington Department Of Services For Blind, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Goldman V. Weinberger, Lewis F. Powell Jr Oct 1985

Goldman V. Weinberger, Lewis F. Powell Jr

Supreme Court Case Files

No abstract provided.


Racial Defamation As Free Speech: Abusing The First Amendment, Kenneth Lasson Oct 1985

Racial Defamation As Free Speech: Abusing The First Amendment, Kenneth Lasson

All Faculty Scholarship

The traditional view of the first amendment's free speech guarantee as absolute, allowing few and narrow exceptions, reflects the Constitution's dedication to an open and unfettered exchange of ideas. Those thoughts that are abhorrent to a free society, the argument goes, will wither when aired but fester if suppressed. Moreover, who is to decide which ideas are offensive? The interests of the state may well be inferior to those of the people, the wisdom of public servants often suspect in quality and motivation. But freedom of speech is so precious and delicate a liberty it must be preserved at great …


In Defense Of Group-Libel Laws, Or Why The First Amendment Should Not Protect Nazis, Kenneth Lasson Apr 1985

In Defense Of Group-Libel Laws, Or Why The First Amendment Should Not Protect Nazis, Kenneth Lasson

All Faculty Scholarship

The author discusses group libel laws, and the underlying problems when free speech is used as a defense by those who would defame specific racial or ethnic groups and/or minorities. The topic is further explained in reference to various state laws, and the subsequent court cases extant at the time of the article's writing which defined the issue in terms of law. References are also made to such laws in countries other than the United States for the sake of comparison.