First Amendment Commons^™

Speech And Law In A Free Society, Michigan Law Review

Michigan Law Review

A Review of Speech and Law in a Free Society by Franklyn S. Haiman

The First Amendment Reconsidered: New Perspectives On The Meaning Of Freedom Of Speech And Press, Michigan Law Review

Michigan Law Review

A Review of The First Amendment Reconsidered: New Perspectives on the Meaning of Freedom of Speech and Press edited by Bill F. Chamberlin and Charlene J. Brown

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

Faculty Scholarship

No abstract provided.

Municipal Zoning Restrictions On Adult Entertainment: Young, Its Progeny, Indianapolis' Commercial Special Exceptions Ordinance,, Kenneth L. Turchi

Indiana Law Journal

No abstract provided.

The Flag Salute Cases And The First Amendment, Stephen W. Gard

Law Faculty Articles and Essays

The flag salute cases have been a source of endless fascination for legal and historical scholars. Most of this large body of scholarship has focused on the apparent oddity of Justice Frankfurter's view that there was no constitutional infirmity in the "petty tyranny" of a governmental requirement that school children engage in a hypocritical affirmation of belief. Unfortunately, the doctrinal importance of the opinions of Justices Jackson and Frankfurter in the flag salute cases as contrasting statements on the interpretation of the freedom of speech guarantee of the first amendment and the function of the judiciary in preserving our most …

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

Publications

No abstract provided.

The Death Of A Princess Cases: Television Programming By State-Owned Public Broadcasters And Viewers' First Amendment Rights, Jonathan Goodman

University of Miami Law Review

The United States Court of Appeals for the Fifth Circuit consolidated and reheard en banc two cases in which stateowned public television stations cancelled scheduled broadcasts because of the program's content. After examining the first amendment issues that arise when the government exercises editorial discretion in selecting programs, the author concludes that the Fifth Circuit's opinion does not sufficiently protect viewers' interests.

Protecting The Free Speech Rights Of Insurgent Teachers' Unions: Evaluating The Constitutionality Of Exclusive Access To School Communications Facilities, Stephen E. Woodbury

University of Michigan Journal of Law Reform

Part I examines the traditional and limited public forum doctrines designed to guarantee speakers a right of access to public places, and finds these theories inadequate in the school union setting. Part II explores a recent addition to the free speech/equal protection analysis: the content neutrality doctrine. This doctrine mandates that when a school board allows one union to express its viewpoints, a duty is created to provide equivalent access to all unions, absent a compelling state interest. Part III reviews several justifications for limiting non-EBA access, and finds most of them without merit and none of them adequate to …

The Skokie Legacy: Reflections On An "Easy Case" And Free Speech Theory, Lee C. Bollinger

Michigan Law Review

A Review of Defending My Enemy: American Nazis, the Skokie Case, and the Risks of Freedom by Aryeh Neier

Regulating Pornography: Recent Legal Trends, Alan C. Weinstein

Law Faculty Articles and Essays

Since the Supreme Court's 1976 decision in Young v. American Mini Theaters, Inc., 427 U.S. 50 (1976) local governments have been permitted to single out adult bookstores and theaters for special regulatory treatment.' In the wake of Young, many municipalities enacted "pornography zoning" ordinances based on the Detroit dispersion model. Observing this trend in 1978, the Harvard Law Review noted that these municipalities were interpreting Young as approving pornography zoning as constitutionally acceptable "in nearly all circumstances." 2 This interpretation seemed incorrect, however, to the Review's editors: "Detroit's pornography zoning was found to satisfy three established First Amendment criteria; future …

A Graphic Review Of The Free Speech Clause, William W. Van Alstyne

Faculty Scholarship

This work acts as a spring board for the study of the Free Speech Clause of the First Amendment. It builds useful graphical representations of complex constitutional theories from the ground up, allowing students to follow both development and the application of these theories.

The Right Of Publicity Vs. The First Amendment: Reconciling The Conflict Between A Proprietary Interest Of The Plaintiff And The Constitutional Guarantee Of Free Speech, Ganesh Bala

Villanova Law Review (1956 - )

No abstract provided.

Freedom Of Speech In North Carolina Prior To Gitlow V. New York, With A Forward Glance Thereafter, The Hon. Harry C. Martin

Campbell Law Review

The primary purpose of this article is to review the concept of freedom of speech in North Carolina prior to Gitlow v. New York. Gitlow, of course, held the first amendment right of freedom of speech in the United States Constitution was applicable to the states through the vehicle of the fourteenth amendment. Prior to 1 July 1971, neither the fundamental laws of North Carolina nor any provision in its constitution guaranteed freedom of speech. Therefore, to some extent the question is whether freedom of speech was recognized by the courts of North Carolina prior to Gitlow and, if so, …

The Skokie Legacy: Reflections On An "Easy Case" And Free Speech Theory, Lee C. Bollinger

Faculty Scholarship

Few legal disputes in the last decade captured public attention with such dramatic force as that involving a small band of Nazis and the village of Skokie. For well over a year, the case was seldom out of the news and often thought to merit front page coverage. It all began in the spring of 1977 when Frank Collin, the leader of the Chicago-based National Socialist Party of America, requested a permit to march in front of the Skokie village hall. The community, with a Jewish population of over 40,000, several thousand of whom had survived the Holocaust, mobilized all …

Free Speech Or Economic Weapon? The Persisting Problem Of Picketing, Theodore J. St. Antoine

Articles

"Peaceful picketing," the United States Supreme Court has said, "is the workingman's means of communication."' One line of analysis is that, as a means of communication, picketing is free speech and is therefore entitled to every constitutional protection afforded other forms of expression. This means that it cannot be subjected to special restrictions, such as antiboycott curbs, simply because it is picketing. The opposing line of analysis is that picketing is not simply speech; it is "speech plus." The "plus" element removes picketing from the realm of pure speech and enables it to be regulated in ways that the Constitution …

State And Local Limitations On Ballot Measure Contributions, Michigan Law Review

Michigan Law Review

This Note's thesis is that ballot measure limitations unconstitutionally infringe upon the rights of free speech and association. Part I analyzes Buckley and concludes that the CARC court misapplied its distinction between contributions and direct expenditures. Part II tests ballot measure limitations against Buckley's "exacting scrutiny" standard. It identifies the state interests asserted in defense of ballot measure limitations - lessening abuse by narrow interest groups, reducing apathy, and equalizing political expression - and concludes that ballot measure limitations do not permissibly further these governmental interests.

Freedom Of Speech: The Case Of The "Corrupt" Campaign Promise, Martha Dugan Rehm

Kentucky Law Journal

No abstract provided.

Restrictions On Electric Utility Advertising, Michigan Law Review

Michigan Law Review

This Note reconsiders the constitutionality of New York's restriction on advertising by electric utilities. Section I explains how and why the Supreme Court's current analysis of the first amendment distinguishes commercial speech from other forms of speech. Section II looks at what protection is due commercial speech and weighs the competing interests in the specific context of utility advertising. The Note concludes that states may restrict utility advertising to encourage energy conservation.

Fighting Words As Free Speech, Stephen W. Gard

Law Faculty Articles and Essays

It is now settled that "above all else, the first amendment means that government has no power to restrict expression because of its message, its ideas, its subject matter, or its content." Despite the universal acceptance of this general principle, the United States Supreme Court has created several exceptions. In appropriate cases libel, obscenity, commercial speech, and offensive language may be censored without contravention of the first amendment guarantee of freedom of expression. The source of each of these exceptions to the general principle of governmental neutrality regarding the content of expression is Chaplinsky v. New Hampshire.

The First Amendment And The Free Press: A Comment On Some New Trends And Some Old Theories, William W. Van Alstyne

Faculty Scholarship

Responding to the trend of media rights being subjugated through the legal process, this article examines Justice Stewart's suggestion that the media should be treated with extra deference in First Amendment cases. This examination looks at the sufficiency of the press's claim of judicial harshness, whether the press should be treated differently than other speakers, and also compares press freedom in foreign nations.

Pruneyard Shopping Center V. Robins, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Mccall V. State, 354 So. 2d 869 (Fla. 1978), Arthur C. Beal, Jr.

Florida State University Law Review

Constitutional Law-THE FINE LINE BETWEEN PROTECTED AND NON-PROTECTED SPEECH

Regulation Of Indecency In Political Broadcasting, Jonathan Golomb

University of Michigan Journal of Law Reform

The article considers both the constitutional and statutory aspects of the regulation of indecency in political broadcasting. The discussion is limited to considering "indecency," a term excluding obscenity or incitement to violence, because the government's power to regulate these types of speech is well established. Indecent speech would be protected if used in the print media, since it does not fall within the established First Amendment exceptions. The basic constitutional question, therefore, is whether the broadcast media are inherently different from the print media, so as to justify different treatment of indecent political speech. This article will contend that they …

Listeners' Rights Providing A State Action Theory In The "Company Town" Analogues, Thomas A. Clements

Indiana Law Journal

No abstract provided.

Balancing Freedom Of Speech, David S. Bogen

Faculty Scholarship

No abstract provided.

Balancing Freedom Of Speech, David S. Bogen

Maryland Law Review

No abstract provided.

Midwest Video Crop. V. Fcc: The First Amendment Implications Of Cable Television Access, John K. Silk

Indiana Law Journal

No abstract provided.

Defamatory Non-Media Speech And First Amendment Methodology, Steven H. Shiffrin

Cornell Law Faculty Publications

In the course of his eloquent commentary upon New York Times Co. v. Sullivan, the late Professor Kalven enthused that the Court had written "an opinion that may prove to be the best and most important it has ever produced in the realm of freedom of speech." This excitement was generated not by the Court's rather narrow holding but rather by the hope that Sullivan would serve as the opening wedge to dislodge the clear and present danger test, to dismantle the "two-level" approach to first amendment analysis (reflected in cases such as Chaplinsky, Beauharnais, and Roth …

First Amendment Ancillary Doctrines, David S. Bogen

Faculty Scholarship

No abstract provided.

The Nonpartisan Freedom Of Expression Of Public Employees, Michigan Law Review

Michigan Law Review

Governmental activities affect each of us in a myriad of ways. The government's role as employer may pale in comparison with the more glamorous activities of the government as national defender, law enforcer, and allocator of scarce resources. Yet the legal ramifications of public employment-where the public interest in efficient governmental operation often conflicts with the public employee's freedom-have a profound influence upon American society.

In 1968, the Supreme Court in Pickering v. Board of Education formulated a test designed to balance these interests in defining the scope of a public employee's freedom of expression. In examining the nonpartisan free …