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Articles 181 - 210 of 263
Full-Text Articles in First Amendment
Free To Fortune 500! The Debate Over Corporate Speech And The First Amendment, Rodney A. Smolla
Free To Fortune 500! The Debate Over Corporate Speech And The First Amendment, Rodney A. Smolla
Law Faculty Publications
While the Supreme Court shirked the merits of the corporate free speech debate in Nike v. Kasky with the cryptic dispatch that the petition for a writ of certiorari was "improvidently granted," the decision of those who organized this Symposium to proceed with scholarly commentary on the case was not improvidently made. One will find no shirkers here. ...
Cross Burning: Virginia V. Black, Rodney A. Smolla
Cross Burning: Virginia V. Black, Rodney A. Smolla
Law Faculty Publications
My first encounter with Virginia's cross-burning law was in a meeting of the Virginia ACLU Legal Panel. I sat in a group of about a dozen other volunteer lawyers listening as potential cases were presented to the panel for review. We were told the story of a Ku Klux Klan leader who had been arrested for burning a cross during a Ku Klux Klan rally conducted on a backwoods farm in southwestern Virginia, with the permission of a landowner. A copy of the Virginia cross-burning statute was distributed for us to read:
It shall be unlawful for any person or …
Jon Newman’S Theory Of Disparagement And The First Amendment In The Administrative State, Edward L. Rubin
Jon Newman’S Theory Of Disparagement And The First Amendment In The Administrative State, Edward L. Rubin
NYLS Law Review
No abstract provided.
Smolla Argues Before The Highest Court: Cross-Burning Case Explores Free-Speech Controversy, John G. Douglass
Smolla Argues Before The Highest Court: Cross-Burning Case Explores Free-Speech Controversy, John G. Douglass
Law Faculty Publications
A First Amendment advocate's greatest burden can be his own client. Those clients range from the offbeat to the dangerous, from pornographers to neo-Nazis. Yet in standing up for the disreputable client, the free speech advocate stands for one of more cherished freedoms: "If there is a bedrock principle underlying the First Amendment, it is that the Government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable." Texas v. Johnson, 491 U.S. 397, 414 (1989). As one of the nation's leading First Amendment advocates, Allen Professor Rodney Smolla understands that burden …
Racial Identity, Electoral Structures, And The First Amendment Right Of Association, Guy-Uriel Charles
Racial Identity, Electoral Structures, And The First Amendment Right Of Association, Guy-Uriel Charles
Faculty Scholarship
No abstract provided.
Ub Viewpoint – Dissolving The Shadows, Eric Easton
Ub Viewpoint – Dissolving The Shadows, Eric Easton
All Faculty Scholarship
No abstract provided.
Choice Programs And Market-Based Separationism, Paul E. Salamanca
Choice Programs And Market-Based Separationism, Paul E. Salamanca
Law Faculty Scholarly Articles
The Supreme Court's recent decision in Zelman v. Simmons-Harris appears to clear the way for a wide variety of educational and charitable choice plans. In this decision, the Court upheld against Establishment Cause Challenge a formally neutral school choice program that encompassed a wide variety of options in the public and private sector, including private sectarian schools. The Court reasoned that, when the government makes aid available to a broad class of recipients without regard to their religious or non-religious affiliation, and when the recipients have a genuine choice as to whether to obtain that aid from a religious or …
Church-State Constitutional Issues: Making Sense Of The Establishment Clause And That Godless Court?: Supreme Court Decision On Church-State Relationships (Book Reviews), Michael Ariens
Faculty Articles
No abstract provided.
Supreme Court Section 1983 Developments: October 1998 Term, Martin A. Schwartz
Supreme Court Section 1983 Developments: October 1998 Term, Martin A. Schwartz
Touro Law Review
No abstract provided.
Damage Control? A Comment On Professor Neuman’S Reading Of Reno V. Aadc, David Cole
Damage Control? A Comment On Professor Neuman’S Reading Of Reno V. Aadc, David Cole
Georgetown Law Faculty Publications and Other Works
This comment responds to an article by Professor Gerald Neuman on the Supreme Court's recent decision in Reno v. American-Arab Anti-Discrimination Committee (AADC). The Court in AADC rejected a selective prosecution claim by immigrants targeted for deportation based on First Amendment-protected activities, finding that Congress had stripped the federal courts of jurisdiction over such claims, and that in any event the Constitution does not recognize a selective prosecution objection to a deportation proceeding. Professor Neuman argues that the decision should not be read as implying that aliens have less First Amendment protection than citizens, and that the decision can …
Francis Bacon Takes On The Ghouls: The "First Principles" Of Religious Freedom, Richard W. Garnett
Francis Bacon Takes On The Ghouls: The "First Principles" Of Religious Freedom, Richard W. Garnett
Journal Articles
John Witte, Jr.
Religion and the American Constitutional Experiment:
Essential Rights and Liberties
Westview Press 2000
From the Review
This is a great time for students of the First Amendment's Religion Clauses and of what Professor John Witte calls the American "experiment" with religious freedom. We've been blessed these past few years with an in-print seminar - an upper-division offering, team-taught by faculty heavyweights - on this experiment, its products and prospects, and the values that have shaped it. Our teachers and texts have included, to name just a few, Professor Steven Smith's Foreordained Failure: The Constitutional Quest for a …
Nea V. Finley: A Decision In Search Of A Rationale, Lackland H. Bloom Jr.
Nea V. Finley: A Decision In Search Of A Rationale, Lackland H. Bloom Jr.
Faculty Journal Articles and Book Chapters
Debate has raged over whether Congress can constitutionally restrict, or at least influence, the ability of the National Endowment for the Arts (“NEA”) to award grants to artists and institutions for the creation or display of art work that a significant segment of the public would consider highly offensive. In the October 1997 Term, the Supreme Court, by an 8-1 margin in NEA v. Finley, upheld section 954(d), a 1991 congressional amendment to the NEA Act that requires the Chairperson of the NEA to ensure that, in establishing regulations and procedures for assessing artistic excellence and artistic merit, “general standards …
The Establishment Clause And Government Religious Displays: The Court That Stole Christmas, Jennifer H. Greenhalgh
The Establishment Clause And Government Religious Displays: The Court That Stole Christmas, Jennifer H. Greenhalgh
Touro Law Review
No abstract provided.
What's Wrong With This Picture?: The National Endowment For The Arts And The "Decency And Respect" Standard, Lillian M. Spiess
What's Wrong With This Picture?: The National Endowment For The Arts And The "Decency And Respect" Standard, Lillian M. Spiess
Touro Law Review
No abstract provided.
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, 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.
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.
Section 1983 In The Second Circuit, Honorable George C. Pratt
Section 1983 In The Second Circuit, Honorable George C. Pratt
Touro Law Review
No abstract provided.
Rights And Freedoms Under The State Constitution: A New Deal For Welfare Rights, Sandra M. Stevenson, Eve Cary, Mary Falk, Helen Hershkoff, Robert A. Heverly
Rights And Freedoms Under The State Constitution: A New Deal For Welfare Rights, Sandra M. Stevenson, Eve Cary, Mary Falk, Helen Hershkoff, Robert A. Heverly
Touro Law Review
No abstract provided.