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First Amendment

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Articles 1621 - 1650 of 1727

Full-Text Articles in First Amendment

Attitudinal And Legal Factors In Professional Advertising, Ruth Bogatyrow Kraft Jan 1985

Attitudinal And Legal Factors In Professional Advertising, Ruth Bogatyrow Kraft

Journal of Law and Health

This Article is concerned with advertising by professionals, a phenomenon which has taken on greater importance and become more controversial as its impact has grown over the past decade. Part II of this Article discusses the legal precedents which permitted the development of professional advertising in general. In Part III the body of literature concerning professional and consumer attitudes towards promotional behavior is reviewed. Part IV presents and evaluates the initial results of a survey of plastic surgeons. The promotional attitudes of plastic surgeons are an especially interesting subject of study, as advertising by this medical sub-specialty presents in a …


Student Publications, The First Amendment, And State Speech, T. D. Buckley Jr. Jan 1985

Student Publications, The First Amendment, And State Speech, T. D. Buckley Jr.

Cleveland State Law Review

The lower federal courts and state courts have been applying the first amendment in student press cases arising at public colleges and high schools since 1967. But ordinary first amendment analysis is inadequate in most student press disputes. As a result the courts in some cases have been unable to articulate satisfactorily the bases for good decisions. And in other cases the real issues generated in student press litigations have been ignored. This Article evaluates the cases so far decided, and proposes a new approach to student press disputes which would rationalize what the courts have intuitively done correctly in …


The First Amendment And Distributional Voting Rights Controversies, Emily M. Calhoun Jan 1985

The First Amendment And Distributional Voting Rights Controversies, Emily M. Calhoun

Publications

No abstract provided.


Rules And Standards, Pierre Schlag Jan 1985

Rules And Standards, Pierre Schlag

Publications

No abstract provided.


Book Review, Pierre Schlag Jan 1985

Book Review, Pierre Schlag

Publications

No abstract provided.


Smoke In The Air: Commercial Speech And Broadcasting, David S. Welkowitz Jan 1985

Smoke In The Air: Commercial Speech And Broadcasting, David S. Welkowitz

Cardozo Law Review

No abstract provided.


Tension Between The First And Twenty-First Amendments In State Regulation Of Alcohol Advertising, Brian S. Steffey Nov 1984

Tension Between The First And Twenty-First Amendments In State Regulation Of Alcohol Advertising, Brian S. Steffey

Vanderbilt Law Review

This Recent Development examines the tension between the first and twenty-first amendments when a state uses its twenty-first amendment power to regulate advertisements of alcoholic beverages that qualify for first amendment protection. Part II of this Recent Development explores the Court's standard of review in cases in which the twenty-first amendment impinges upon a fourteenth amendment right. Part II also reviews the scope of constitutional protection that the first amendment accords commercial speech. Part III examines three recent cases in which states have regulated alcohol advertising. Part IV criticizes these decisions for misapplying the appropriate standard and for relying extensively …


School District Of The City Of Grand Rapids V. Ball, Lewis F. Powell Jr Oct 1984

School District Of The City Of Grand Rapids V. Ball, Lewis F. Powell Jr

Supreme Court Case Files

No abstract provided.


Current Developments In Civil Liberties, Ivan E. Bodensteiner, Rosalie Levinson Jan 1984

Current Developments In Civil Liberties, Ivan E. Bodensteiner, Rosalie Levinson

Law Faculty Publications

No abstract provided.


Reinterpreting The Religion Clauses: Constitutional Construction And Conceptions Of The Self, Susan H. Williams Jan 1984

Reinterpreting The Religion Clauses: Constitutional Construction And Conceptions Of The Self, Susan H. Williams

Articles by Maurer Faculty

The first amendment guarantees freedom from "law[s] respecting an establishment of religion or prohibiting the free exercise thereof." The apparent tension between the two clauses of this provision has generated judicial confusion and scholarly disagreement. The perceived conflict between the religion clauses is the product of a particular understanding of what is most fundamental about human identity and the human situation - an understanding that derives from classical liberal political theory and that assumes a sharp division between the individual and his community. This Note proposes an alternative to the liberal conception of human identity, one that encompasses both the …


How Useful Is Judicial Review In Free Speech Cases?, Robert F. Nagel Jan 1984

How Useful Is Judicial Review In Free Speech Cases?, Robert F. Nagel

Publications

No abstract provided.


Electrifying The First Amendment, Mark S. Nadel Jan 1984

Electrifying The First Amendment, Mark S. Nadel

Cardozo Law Review

No abstract provided.


Press Privacy And Malice: Reflections On New York Times Co. V. Sullivan, Irving R. Kaufman Jan 1984

Press Privacy And Malice: Reflections On New York Times Co. V. Sullivan, Irving R. Kaufman

Cardozo Law Review

No abstract provided.


Constitutional Law As Moral Philosophy, Gerard E. Lynch Jan 1984

Constitutional Law As Moral Philosophy, Gerard E. Lynch

Faculty Scholarship

The seemingly inexhaustible debate over the proper role of the Supreme Court in constitutional adjudication concerns an issue of enormous practical importance: whether the Court has or should have the power to overturn the decision of a democratically elected legislature to, say, prohibit abortions, affects not only the allocation of significant political power, but also the moral lives and indeed the very bodies of millions of citizens. For this reason, many contributions to that debate, from academics as well as from practicing politicians, have burned with the passion of political commitment, seeking to influence events directly by persuading judges (or …


Lynch V. Donnelly, Lewis F. Powell Jr Oct 1983

Lynch V. Donnelly, Lewis F. Powell Jr

Supreme Court Case Files

No abstract provided.


Constitutional Law—First Amendment Right Of Access To Criminal Trials, C. Lyn Peeples Apr 1983

Constitutional Law—First Amendment Right Of Access To Criminal Trials, C. Lyn Peeples

University of Arkansas at Little Rock Law Review

No abstract provided.


Civil Liberties: Current Developments In The Seventh Circuit Regarding First Amendment, Procedural Due Process, Employment Discrimination And The Enforcement Of Civil Rights, Ivan E. Bodensteiner, Rosalie Levinson Jan 1983

Civil Liberties: Current Developments In The Seventh Circuit Regarding First Amendment, Procedural Due Process, Employment Discrimination And The Enforcement Of Civil Rights, Ivan E. Bodensteiner, Rosalie Levinson

Law Faculty Publications

No abstract provided.


The Origins Of Freedom Of Speech And Press, David S. Bogen Jan 1983

The Origins Of Freedom Of Speech And Press, David S. Bogen

Faculty Scholarship

No abstract provided.


A School Board's Authority Versus A Student's Right To Receive Information, Timothy L. Coggins Jan 1983

A School Board's Authority Versus A Student's Right To Receive Information, Timothy L. Coggins

Law Faculty Publications

This note examines the considerations which led the United States Supreme Court to determine that a school board's authority over the administration of the schools is not absolute if the exercise of this authority violates the constitutional rights of the students. Second. the note explores the development of a student's right to receive information through a school library as a guarantee of the first amendment, a right that cannot be ignored by a school board when the board removes books which it considers to be inappropriate either because of the ideas presented in the books or because of the local …


An Attack On Categorical Approaches To Freedom Of Speech, Pierre J. Schlag Jan 1983

An Attack On Categorical Approaches To Freedom Of Speech, Pierre J. Schlag

Publications

No abstract provided.


Prior Restraint Of Expression Through The Private Search Doctrine, Edward J. Eberle Jan 1983

Prior Restraint Of Expression Through The Private Search Doctrine, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.


Cable Television Monopoly And The First Amendment, Jordan S. Stanzler Jan 1983

Cable Television Monopoly And The First Amendment, Jordan S. Stanzler

Cardozo Law Review

No abstract provided.


First Amendment And The Alien Exclusion Power - What Standard Of Review?, Nathan M. Eisler Jan 1983

First Amendment And The Alien Exclusion Power - What Standard Of Review?, Nathan M. Eisler

Cardozo Law Review

No abstract provided.


Mueller V. Allen, Lewis F. Powell Jr. Oct 1982

Mueller V. Allen, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Civil Liberties: Adherence To Established Principles, Ivan E. Bodensteiner, Rosalie Levinson Jan 1982

Civil Liberties: Adherence To Established Principles, Ivan E. Bodensteiner, Rosalie Levinson

Law Faculty Publications

No abstract provided.


The First Amendment And "Scalping" By A Financial Columnist: May A Newspaper Article Be Commercial Speech?, Bruce A. Kohn Jan 1982

The First Amendment And "Scalping" By A Financial Columnist: May A Newspaper Article Be Commercial Speech?, Bruce A. Kohn

Indiana Law Journal

No abstract provided.


National Security Interests Vs. The First Amendment: Haig V. Agee, Joan R. M. Bullock Jan 1982

National Security Interests Vs. The First Amendment: Haig V. Agee, Joan R. M. Bullock

Journal Publications

In Haig v. Agee, the United States Supreme Court held that the Secretary of State has the authority to revoke a passport when the bearer's activities abroad "are causing or are likely to cause serious damage to the national security or the foreign policy of the United States." This note will examine the implications of Agee as a standard in resolving conflicts between national security and first amendment rights of the individual.


Metromedia, Inc. V. City Of San Diego: A Bifurcated Approach To Billboard Regulation And The First Amendment, Eric L. Rosedale Jan 1982

Metromedia, Inc. V. City Of San Diego: A Bifurcated Approach To Billboard Regulation And The First Amendment, Eric L. Rosedale

Cardozo Law Review

No abstract provided.


Overbreadth, Henry Paul Monaghan Jan 1982

Overbreadth, Henry Paul Monaghan

Faculty Scholarship

The concern in constitutional law with "overbreadth" is generally understood to denote a conscious departure from conventional standing concepts in free-expression cases. Assertedly justified by the special vulnerability of protected expression to impermissible deterrence, overbreadth doctrine invites litigants to attack the facial validity of rules which burden expressive interests. A litigant whose expression is admittedly within the constitutionally valid applications of a statute is permitted to assert the statute's potentially invalid applications with respect to other persons not before the court and with whom the litigant stands in no special relationship. Judicial focus is not on the protected character, vel …


National Association For The Advancement Of Colored People V. Claiborne Hardware Company, Lewis F. Powell, Jr. Oct 1981

National Association For The Advancement Of Colored People V. Claiborne Hardware Company, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.