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Articles 541 - 570 of 601
Full-Text Articles in First Amendment
Constitutional Law--Restricting The Application Of The Commercial Speech Doctrine, Stephen Lee Thompson
Constitutional Law--Restricting The Application Of The Commercial Speech Doctrine, Stephen Lee Thompson
West Virginia Law Review
No abstract provided.
Hostile-Audience Confrontations: Police Conduct And First Amendment Rights, Michigan Law Review
Hostile-Audience Confrontations: Police Conduct And First Amendment Rights, Michigan Law Review
Michigan Law Review
This Note first suggests an explicit standard for police conduct in the hostile-audience situation that defines procedures the police must follow at various stages to avoid violating the first amendment. The standard reflects the fact that first amendment free speech rights are not absolute and that such rights must be weighed against both compelling state interests and the competing constitutional claims of other persons. It seeks to reconcile the interest in public order with our constitutional commitment to open discussion and robust debate. Finally, to deter police abuse of first amendment rights in the hostile-audience context, reforms of tort law …
Wooley V. Maynard, Lewis F. Powell Jr.
School Books, Lesson Plans, And The Constitution, Frederick F. Schauer
School Books, Lesson Plans, And The Constitution, Frederick F. Schauer
West Virginia Law Review
No abstract provided.
The Supreme Court's Interpretation Of The Guarantee Of Freedom Of Speech, David S. Bogen
The Supreme Court's Interpretation Of The Guarantee Of Freedom Of Speech, David S. Bogen
Faculty Scholarship
No abstract provided.
The Supreme Court's Interpretation Of The Guarantee Of Freedom Of Speech, David S. Bogen
The Supreme Court's Interpretation Of The Guarantee Of Freedom Of Speech, David S. Bogen
Maryland Law Review
No abstract provided.
The Federal Election Campaign Act Amendments Of 1974: The Constitutionality Of Limiting Political Advertising By The Non-Candidate, John P. Hollihan
The Federal Election Campaign Act Amendments Of 1974: The Constitutionality Of Limiting Political Advertising By The Non-Candidate, John P. Hollihan
Florida State University Law Review
No abstract provided.
"Don't Bother To Smile When You Call Me That"--Fighting Words And The First Amendment, Thomas F. Shea
"Don't Bother To Smile When You Call Me That"--Fighting Words And The First Amendment, Thomas F. Shea
Kentucky Law Journal
No abstract provided.
Papish V. Board Of Curators Of The University Of Missouri, Lewis F. Powell, Jr.
Papish V. Board Of Curators Of The University Of Missouri, Lewis F. Powell, Jr.
Supreme Court Case Files
No abstract provided.
Drug Songs And The Federal Communications Commission, Sammuel Bufford
Drug Songs And The Federal Communications Commission, Sammuel Bufford
University of Michigan Journal of Law Reform
A "public notice" concerning the broadcasting of drug-related popular songs by radio stations issued from the Federal Communications Commission on March 5, 1971. While this notice could be generally taken to prohibit the playing of such songs, its actual message, upon further analysis, is more complex and less direct. This article will examine the notice to ascertain its likely meaning, determine its legal status, and examine three constitutional issues it raises: whether the songs are protected as speech under the first amendment; whether the statement of the prohibition (if that be the import of the notice) is sufficiently precise to …
The Fairness Doctrine: Its Limits And Occasions In West Virginia Advertising, Ray E. Ratliff Jr.
The Fairness Doctrine: Its Limits And Occasions In West Virginia Advertising, Ray E. Ratliff Jr.
West Virginia Law Review
No abstract provided.
Neutral Principles And Some First Amendment Problems, Robert H. Bork
Neutral Principles And Some First Amendment Problems, Robert H. Bork
Indiana Law Journal
The text of this article was delivered in the Spring of 1971 by Professor Bork at the Indiana University School of Law as part of the Addison C. Harriss lecture series.
Purging Unseemly Expletives From The Public Scene: A Constitutional Dilemma, Ellen K. Thomas
Purging Unseemly Expletives From The Public Scene: A Constitutional Dilemma, Ellen K. Thomas
Indiana Law Journal
No abstract provided.
Constitutional Law--Flag Desecration As Symbolic Speech, Robert R. Skinner
Constitutional Law--Flag Desecration As Symbolic Speech, Robert R. Skinner
West Virginia Law Review
No abstract provided.
Constitutional Law--Obscenity--The Right To An Adversary Hearing On The Issue Of Obscenity Prior To The Seizure Of Furtively Distributed Films, Michigan Law Review
Constitutional Law--Obscenity--The Right To An Adversary Hearing On The Issue Of Obscenity Prior To The Seizure Of Furtively Distributed Films, Michigan Law Review
Michigan Law Review
This Note will discuss the procedural safeguards that must be provided when allegedly obscene materials are seized prior to distribution. The discussion will emphasize a consideration of the question whether the procedural requirements with respect to the seizure of printed materials are also applicable to the seizure of films, particularly those films that are being or are intended to be furtively distributed.
Labor Law--Picketing--Constitutional Law--First Amendment Challenges By Federal Employees To The Broad Labor Picketing Proscription Of Executive Order 11491, Michigan Law Review
Labor Law--Picketing--Constitutional Law--First Amendment Challenges By Federal Employees To The Broad Labor Picketing Proscription Of Executive Order 11491, Michigan Law Review
Michigan Law Review
This Note will consider the constitutional validity of section 19(b)(4)'s broad prohibition against federal-employee labor picketing. However, before the first amendment questions are considered, two preliminary issues should be discussed.
Campus Pamphleteering: The Emerging Constitutional Standards, Morton M. Rosenfeld
Campus Pamphleteering: The Emerging Constitutional Standards, Morton M. Rosenfeld
University of Michigan Journal of Law Reform
Beginning with Lovell v. City of Griffin, the Supreme Court has consistently held the distribution of handbills to be a fundamental right under the first amendment. Since Lovell, the Court has liberally construed the concept of a public forum where first amendment rights can be properly exercised. More recently, the Court has held that schools cannot arbitrarily or absolutely regulate students' constitutional rights of expression. These three principles would suggest great protection for handbilling rights on state university campuses. A further analysis of case law indicates that broad free speech standards governing such rights exist and that the …
Prior Restraints On Demonstrations, Vince Blasi
Prior Restraints On Demonstrations, Vince Blasi
Michigan Law Review
The starting point for the analysis that follows is the belief that new constitutional doctrine--both substantive and procedural--is urgently needed. That conclusion rests on two critical assumptions--assumptions which may not be shared by others who read history differently, or who have had different personal experiences regarding prior restraints on demonstrations, or who have different behavioral impressions based on observation and conversation, or best of all, who have quantitative data on the problem.
Public Support And The Sectarian University, Walter Gellhorn, Kent Greenawalt
Public Support And The Sectarian University, Walter Gellhorn, Kent Greenawalt
Faculty Scholarship
In mid-1968 we undertook to advise Fordham University concerning steps that might be appropriate to establish its eligibility for public assistance. As part of that task we tried to determine the extent to which present law requires official differentiation between Church-related and other institutions of higher learning. Since the University sought a wholly detached consideration of its legal posture, our conclusions in this article represent our best judgment of the present state of the law and its probable development. We have avoided indicating our own personal position on debatable legal and ethical issues.
Political Defamation: The Price Of Candidacy, James H. Mccauley
Political Defamation: The Price Of Candidacy, James H. Mccauley
West Virginia Law Review
No abstract provided.
Review Of Concerning Dissent And Civil Disobedience, By A. Fortas, Terrance Sandalow
Review Of Concerning Dissent And Civil Disobedience, By A. Fortas, Terrance Sandalow
Reviews
Noah Chomsky has written of Justice Fortas' essay that it "is not serious enough for extended discussion." It would be a mistake to dismiss the essay so lightly. The prestige of Justice Fortas' office almost inevitably will gain for the essay an audience it would not otherwise have had, among whom will be those who will confuse the office with the argument. For some this confusion will insulate the argument from criticism. For others it will tarnish the office.
Constitutional Law--Freedom Of Expression--Symbolic Free Speech, Nestor L. Olesnyckyj
Constitutional Law--Freedom Of Expression--Symbolic Free Speech, Nestor L. Olesnyckyj
Kentucky Law Journal
No abstract provided.
Unconstitutional Conditions Upon Public Employment: New Departures In The Protection Of First Amendment Rights, Harold H. Bruff
Unconstitutional Conditions Upon Public Employment: New Departures In The Protection Of First Amendment Rights, Harold H. Bruff
Publications
No abstract provided.
Draft Card Burning Denied Symbolic Speech Protection Under Governmental Interest Rationale, James R. Goodwin
Draft Card Burning Denied Symbolic Speech Protection Under Governmental Interest Rationale, James R. Goodwin
San Diego Law Review
On the morning of March 31, 1966, David O’Brien and three companions burned their draft cards on the steps of the South Boston Courthouse in protest against the Selective Service System and the war in Vietnam. The District Court of Massachusetts rejected O’Brien’s claim that his act was protected "symbolic speech" and convicted him of willfully and knowingly mutilating and destroying by burning his Registration Certificate in violation of section 12(b)(3) of the Universal Military Training and Service Act, 50 U.S.C. App. § 462(b), as amended, 79 Stat. 586.
"Uninhibited, Robust, And Wide-Open"--A Note On Free Speech And The Warren Court, Harry Kalven Jr.
"Uninhibited, Robust, And Wide-Open"--A Note On Free Speech And The Warren Court, Harry Kalven Jr.
Michigan Law Review
There are several ways to give at the outset, in quick summary, an over-all impression of the Warren Court in the area of the first amendment. The quotation in the title can for many reasons be taken as its trademark. The quotation comes, of course, from a statement about public debate made in the Court's preeminent decision, New York Times v. Sullivan, and it carries echoes of Alexander Meiklejohn. We have, according to Justice Brennan, "a profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open .... " What catches the eye is …
The Warren Court And The Press, John P. Mackenzie
The Warren Court And The Press, John P. Mackenzie
Michigan Law Review
The conventional wisdom about the relationship between the ·warren Court and the news media runs something like this: With a few exceptions, the press corps is populated by persons with only a superficial understanding of the Court, its processes, and the values with which it deals. The Court has poured out pages of legal learning, but its reasoning has been largely ignored by a result-oriented news industry interested only in the superficial aspects of the Court's work. The Court can trace much of its "bad press," its "poor image," to the often sloppy and inaccurate work of news gatherers operating …
Constitutional Law--Freedom Of Speech--Desecration Of National Symbols As Protected Political Expression, Michigan Law Review
Constitutional Law--Freedom Of Speech--Desecration Of National Symbols As Protected Political Expression, Michigan Law Review
Michigan Law Review
Protest groups have long recognized the publicity value of engaging in dramatic kinds of symbolic behavior to express their disapproval of government policy, and recently they have resorted to the desecration of traditionally "sacred" symbols to achieve this end. Recourse to conduct offensive to the patriotic and religious sensibilities of large segments of the population seems to have paralleled the advent of widespread civil disobedience as an instrument of political persuasion. Specifically, dissent over the Vietnam war has produced a number of incidents involving public disrespect for the American flag. Thus, a need has arisen to analyze the extent to …
Carmen: Movies, Censorship And The Law, Abner J. Mikva
Carmen: Movies, Censorship And The Law, Abner J. Mikva
Michigan Law Review
A Review of Movies, Censorship and the Law by Ira H. Carmen
Bedi: Freedom Of Expression And Security: A Comparative Study Of The Function Of The Supreme Courts Of The United States And India, Chester J. Antieau
Bedi: Freedom Of Expression And Security: A Comparative Study Of The Function Of The Supreme Courts Of The United States And India, Chester J. Antieau
Michigan Law Review
A Review of Freedom of Expression and Security: A Comparative Study of the Function of the Supreme Courts of the United States and India by A.S. Bedi
Book Review, Michael E. Tigar