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Articles 391 - 420 of 562
Full-Text Articles in First Amendment
Establishment Of Religion, Supreme Court, Appellate Division, First Department: Robbins V. Bright
Establishment Of Religion, Supreme Court, Appellate Division, First Department: Robbins V. Bright
Touro Law Review
No abstract provided.
Free Speech, Court Of Appeals: People V. Tichenor
Free Speech, Court Of Appeals: People V. Tichenor
Touro Law Review
No abstract provided.
Free Speech, Supreme Court, Appellate Division, Third Department: Urbach V. Farrell
Free Speech, Supreme Court, Appellate Division, Third Department: Urbach V. Farrell
Touro Law Review
No abstract provided.
Political Association, Supreme Court, Appellate Division, Third Department: Kalkstein V. Dinapoli
Political Association, Supreme Court, Appellate Division, Third Department: Kalkstein V. Dinapoli
Touro Law Review
No abstract provided.
High Drama On The High Court: The First Amendment In The 1996 Term, Marjorie Heins
High Drama On The High Court: The First Amendment In The 1996 Term, Marjorie Heins
Touro Law Review
No abstract provided.
Free Speech, Court Of Appeals: Rogers V. New York City Transit Authority
Free Speech, Court Of Appeals: Rogers V. New York City Transit Authority
Touro Law Review
No abstract provided.
Free Speech, Supreme Court, Appellate Division, Third Department: Macfarlane V. Village Of Scotia
Free Speech, Supreme Court, Appellate Division, Third Department: Macfarlane V. Village Of Scotia
Touro Law Review
No abstract provided.
Et Tu Judge Bork Will Solipsism Destroy Conservative Ideology?, Sol Wachtler, David S. Gould
Et Tu Judge Bork Will Solipsism Destroy Conservative Ideology?, Sol Wachtler, David S. Gould
Touro Law Review
No abstract provided.
Make Your Own Kind Of Music: Queer Student Groups And The First Amendment, Doni Gewirtzman
Make Your Own Kind Of Music: Queer Student Groups And The First Amendment, Doni Gewirtzman
Articles & Chapters
As openly gay and lesbian students become a more regular presence in public high schools, students in many schools have started lesbian and gay student organizations. In response, some school districts and state legislatures have attempted to prevent the clubs from meeting, either through categorical bans on all extracurricular groups or through legislation specifically designed to prevent the gay clubs from meeting. This Comment examines the First Amendment issues raised by these efforts. It argues that the Supreme Court's current approach to student speech, which focuses on whether the speech is school sponsored and on the application of public forum …
Food For The Lions: Excessive Damages For Newsgathering Torts And The Limitations Of Current First Amendment Doctrines , Andrew B. Sims
Food For The Lions: Excessive Damages For Newsgathering Torts And The Limitations Of Current First Amendment Doctrines , Andrew B. Sims
Faculty Scholarship
No abstract provided.
Concern With Public Concern: Toward A Better Definition Of The "Pickering / Connick" Threshold Test, Karin B. Hoppmann
Concern With Public Concern: Toward A Better Definition Of The "Pickering / Connick" Threshold Test, Karin B. Hoppmann
Vanderbilt Law Review
The term "public employer" is something of a legal oxymoron. Although the law has established a jurisprudence for the employer, consisting of a network of state and federal statutory requirements,' and a jurisprudence for the governmental body, governed by the Constitution, the public employer belongs to neither of these. It is an entity that functions as a private business, charged with maintaining an efficient and productive workplace. It is constantly under pres- sure to improve performance, and it is just as concerned with discipline, morale, and efficiency as any private employer. Yet it is also part of the sovereign and …
Fourth Department Time Square Books, Inc., V. City Of Rochester
Fourth Department Time Square Books, Inc., V. City Of Rochester
Touro Law Review
No abstract provided.
Reinvigorating Autonomy: Freedom And Responsibility In The Supreme Court's First Amendment Jurisprudence, Christina E. Wells
Reinvigorating Autonomy: Freedom And Responsibility In The Supreme Court's First Amendment Jurisprudence, Christina E. Wells
Faculty Publications
Part I of this Article explores the conception of autonomy that scholars have generally attributed to the Court and discusses problems with that conception. Part II sets forth an alternative, Kantian conception of autonomy and discusses its implications for a system of laws regulating free expression. Part III analyzes the Court's free speech jurisprudence and its autonomy rationale. It specifically examines both the Court's distinction between content-based and content-neutral regulations of speech and its approach to low-value speech, demonstrating that they reflect a Kantian notion of autonomy. Finally, Part IV discusses the implications of Kantian autonomy for hate speech regulation, …
Petition For Writ Of Certiorari, Northeast Ohio Coalition For The Homeless, Et Al., V. City Of Cleveland, 522 U.S. 931 (1997), Kevin F. O'Neill, David Goldberger, Raymond V. Vasvari, Joan M. Englund
Petition For Writ Of Certiorari, Northeast Ohio Coalition For The Homeless, Et Al., V. City Of Cleveland, 522 U.S. 931 (1997), Kevin F. O'Neill, David Goldberger, Raymond V. Vasvari, Joan M. Englund
Law Faculty Briefs and Court Documents
No abstract provided.
On Balancing Scales, Kaleidoscopes, And The Blurred Limits Of Academic Freedom, Harry F. Tepker Jr., Joseph Harroz Jr.
On Balancing Scales, Kaleidoscopes, And The Blurred Limits Of Academic Freedom, Harry F. Tepker Jr., Joseph Harroz Jr.
Oklahoma Law Review
No abstract provided.
Foreword: The New Estates, Lance Liebman
Foreword: The New Estates, Lance Liebman
Faculty Scholarship
Telecommunications Law is under pressure from fast-paced technological advances and changes in the industry structure. As the high-stakes debates plays itself out in federal and state legislatures, agencies and courts, the academic study is struggling to catch up. The author poses provocative questions about the present and future of Telecommunications Law. Of paramount interest are the ill-fitting legal categories that continue to influence crucial determinations about the level of First Amendment protection accorded various communications media, and the reach of Constitutional Takings doctrine that pits incumbent regulated industries against government regulators and up-start competitors looking to shake-up the established order. …
A Championship Season For The First Amendment, Joel Gora
A Championship Season For The First Amendment, Joel Gora
Touro Law Review
No abstract provided.
John Milton's Areopagitica And The Modern First Amendment, Vincent A. Blasi
John Milton's Areopagitica And The Modern First Amendment, Vincent A. Blasi
Faculty Scholarship
The traditional liberal argument for free speech is now under fire from several directions. Critics from the left, the center, and the right find simplistic the claim that unregulated expression promotes the search for truth, the protection of self-government, the autonomy of individuals, and the control of concentrated power. Even if free speech does serve these values to a considerable degree, there are costs associated with liberty, costs the critics say are not sufficiently recognized in the standard liberal accounts.
As a general matter, but especially regarding the freedom of speech, liberalism is seen as too doctrinaire, too optimistic about …
Taking Liberties With The First Amendment: Congress, Section 5, And The Religious Freedom Restoration Act, Jay S. Bybee
Taking Liberties With The First Amendment: Congress, Section 5, And The Religious Freedom Restoration Act, Jay S. Bybee
Vanderbilt Law Review
In July 1788 the North Carolina legislature was considering ratification of the Constitution, a constitution that did not contain a Bill of Rights. As the delegates reached the Religious Test Clause, Henry Abbot remarked:
"Some are afraid... that, should the Constitution be received, they would be deprived of the privilege of worshiping God according to their consciences, which would be taking from them a benefit they enjoy under the present constitution. They wish to know if their religious and civil liberties be secured under this system, or whether the general government may not make laws in- fringing their religious liberties.... …
San Filippo V. Bongiovanni: The Public Concern Criteria And The Scope Of The Modern Petition Right, Kara E. Shea
San Filippo V. Bongiovanni: The Public Concern Criteria And The Scope Of The Modern Petition Right, Kara E. Shea
Vanderbilt Law Review
If the "person on the street" were asked to name a right guar- anteed to all Americans by the First Amendment of the United States Constitution, freedom of speech would likely come quickly to mind, along with the concomitant right of free press. The rights to practice one's religion and peaceably assemble, even the judicially created right of free association might follow closely behind. Few people, how- ever, would mention the "right of the people.., to petition the government for redress of grievances."' Fewer still would be able to give a good definition of petitioning, or to describe the types …
Interpretation And Interdependence: How Judges Use The Avoidance Canon In Separation Of Powers Cases, Brian C. Murchison
Interpretation And Interdependence: How Judges Use The Avoidance Canon In Separation Of Powers Cases, Brian C. Murchison
Scholarly Articles
None available.
What's Happening With Respect To The Second Circuit, Hon. George C. Pratt
What's Happening With Respect To The Second Circuit, Hon. George C. Pratt
Touro Law Review
No abstract provided.
A Restatement Of The Supreme Court's Law Of Religious Freedom: Coherence, Conflict Or Chaos?, Carl H. Esbeck
A Restatement Of The Supreme Court's Law Of Religious Freedom: Coherence, Conflict Or Chaos?, Carl H. Esbeck
Faculty Publications
Religious freedom as guaranteed in the First Amendment makes religious pluralism more likely, while pluralism makes the maintenance of religious freedom as a fundamental civil right more necessary. It seems there is a limit, however, to the expansion of America's religious pluralism that, when exceeded, shatters cultural consensus thus rendering impossible the political and civil discourse necessary to sustain democratic institutions.1 This follows because pluralism promises freedom but exacts a price in civic disunity and moral confusion. The question thereby resolves itself into just how a religiously diverse people are to live together, despite their deepest differences, while sharing in …