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Articles 271 - 300 of 334
Full-Text Articles in First Amendment
To What Extent Does The Power Of Government To Determine The Boundaries And Conditions Of Lawful Commerce Permit Government To Declare Who May Advertise And Who May Not?, William W. Van Alstyne
To What Extent Does The Power Of Government To Determine The Boundaries And Conditions Of Lawful Commerce Permit Government To Declare Who May Advertise And Who May Not?, William W. Van Alstyne
Faculty Publications
No abstract provided.
Section 4: First Amendment, Institute Of Bill Of Rights Law, William & Mary Law School
Section 4: First Amendment, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Religious Land Use And Institutionalized Persons Act Of 2000: The Land Use Provisions Are Both Unconstitutional And Unnecessary, Ada-Marie Walsh
Religious Land Use And Institutionalized Persons Act Of 2000: The Land Use Provisions Are Both Unconstitutional And Unnecessary, Ada-Marie Walsh
William & Mary Bill of Rights Journal
The Religious Land Use and Institutionalized Persons Act of 2000 was Congress 'response to the Supreme Court's striking down of the Religious Freedom Restoration Act in City of Boerne v. Flores. In promulgating the Religious Land Use and Institutionalized Persons Act, Congress, inter alia, sought to protect the free exercise of religion from excessive governmental meddling while remedying discrimination suffered by religious individuals and groups in the area of land use. In dealing solely with land use provisions of the RLUIPA, the author argues that the Religious Land Use and lnstitutionalized Person Act is unconstitutional because it violates the Establishment …
Section 6: First Amendment, Institute Of Bill Of Rights Law, William & Mary Law School
Section 6: First Amendment, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Religion And The First Amendment: Some Causes Of The Recent Confusion, Carl H. Esbeck
Religion And The First Amendment: Some Causes Of The Recent Confusion, Carl H. Esbeck
William & Mary Law Review
No abstract provided.
Section 5: First Amendment, Institute Of Bill Of Rights Law, William & Mary Law School
Section 5: First Amendment, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Peaches, Speech, And Clarence Thomas: Yes, California, There Is A Justice Who Understands The Ramifications Of Controlling Commercial Speech, Jennifer R. Franklin
Peaches, Speech, And Clarence Thomas: Yes, California, There Is A Justice Who Understands The Ramifications Of Controlling Commercial Speech, Jennifer R. Franklin
Faculty Publications
No abstract provided.
Recalibrating The Cost Of Harm Advocacy: Getting Beyond Brandenburg, S. Elizabeth Wilborn Malloy, Ronald J. Krotoszynski Jr.
Recalibrating The Cost Of Harm Advocacy: Getting Beyond Brandenburg, S. Elizabeth Wilborn Malloy, Ronald J. Krotoszynski Jr.
William & Mary Law Review
No abstract provided.
Commercial Slogans: The First Amendment Should Shield Their Use In Campaign Speech, Raena L. Smith
Commercial Slogans: The First Amendment Should Shield Their Use In Campaign Speech, Raena L. Smith
William & Mary Bill of Rights Journal
Commercial slogans and trademarks are increasingly finding their way into every aspect of the American vernacular, including speech by political officials and candidates. A previous published Note in the Journal of Law and Politics has argued that such speech should be restricted as it infringes upon the copyright or trademark holder's rights established both under federal and state law. This Note takes the opposing view, arguing that, even if campaign speech falls under the purview of federal or state statutes, the First Amendment prevents the application of laws to restrict campaign speech.
Section 5: First Amendment, Institute Of Bill Of Rights Law, William & Mary Law School
Section 5: First Amendment, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
The Moral Failure Of The Clear And Present Danger Test, David R. Dow
The Moral Failure Of The Clear And Present Danger Test, David R. Dow
William & Mary Bill of Rights Journal
The clear and present danger test has been used for almost a century to determine the speech the government may restrain. This test assumes that at some point speech transforms into an act and at that moment the speech becomes punishable. Under the clear and present danger test, the First Amendment does not protect speech that is an incitement to imminent lawless action. Professor Dow suggests that the clear and present danger test protects too little speech. He posits that speech should be protected unless the following three conditions are met: (1) the speaker's specific intent in uttering the words …
Justice Or Injustice For The Poor?: A Look At The Constitutionality Of Congressional Restrictions On Legal Services, J. Dwight Yoder
Justice Or Injustice For The Poor?: A Look At The Constitutionality Of Congressional Restrictions On Legal Services, J. Dwight Yoder
William & Mary Bill of Rights Journal
Upon enacting the Legal Services Corporation Act in 1974, Congress created the Legal Services Corporation (LSC), which provides federal funding to grantees that perform legal services for low-income individuals. In recent years, Congress has enacted restrictions upon grantees' receipt of such federal funding, limiting the legal services these legal aid attorneys can provide to their clients. This move has sparked great debate. Proponents of the restrictions argue that they are needed to correct abuse and misuse of the legal services program, while opponents argue that the restrictions only harm low-income individuals.
In this Note, the author addresses this controversial issue …
Guns, Words, And Constitutional Interpretation, L. A. Powe Jr.
Guns, Words, And Constitutional Interpretation, L. A. Powe Jr.
William & Mary Law Review
No abstract provided.
Section 3: First Amendment, Institute Of Bill Of Rights Law, William & Mary Law School
Section 3: First Amendment, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Association, Advocacy, And The First Amendment, Victor Brudney
Association, Advocacy, And The First Amendment, Victor Brudney
William & Mary Bill of Rights Journal
No abstract provided.
The Constitutionality Of Lobby Reform: Implicating Associational Privacy And The Right To Petition The Government, Steven A. Browne
The Constitutionality Of Lobby Reform: Implicating Associational Privacy And The Right To Petition The Government, Steven A. Browne
William & Mary Bill of Rights Journal
Lobbyists currently are required to register and report to the United States Congress under the Federal Regulation of Lobbying Act of 1946. Because of poor draftsmanship, the 1946 Act actually covers few lobbyists and is not enforced by the federal government. One recent federal bill attempts to reform lobbying registration by addressing the inadequacies of the current law. If enacted, this bill might be challenged as an impediment to First Amendment rights. Any attempt at lobby reform implicates the First Amendment right to petition the government and the right of associational privacy. These issues have been analyzed by state and …
Section 6: First Amendment, Institute Of Bill Of Rights Law, William & Mary Law School
Section 6: First Amendment, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Media Violence And The Obscenity Exception To The First Amendment, Kevin W. Saunders
Media Violence And The Obscenity Exception To The First Amendment, Kevin W. Saunders
William & Mary Bill of Rights Journal
No abstract provided.
Cohen V. Cowles Media And Its Significance For First Amendment Law And Journalism, Jerome A. Barron
Cohen V. Cowles Media And Its Significance For First Amendment Law And Journalism, Jerome A. Barron
William & Mary Bill of Rights Journal
No abstract provided.
"Buying Up Speech": Active Government And The Terms Of The First Amendment And Fourteenth Amendments, William T. Mayton
"Buying Up Speech": Active Government And The Terms Of The First Amendment And Fourteenth Amendments, William T. Mayton
William & Mary Bill of Rights Journal
No abstract provided.
Section 4: Moot Court: Church Of The Lukumi Babulu Aye V. City Of Hialeah, Institute Of Bill Of Rights Law, William & Mary Law School
Section 4: Moot Court: Church Of The Lukumi Babulu Aye V. City Of Hialeah, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Introduction: Exercises In The Regulation Of Hate Speech, Rodney A. Smolla
Introduction: Exercises In The Regulation Of Hate Speech, Rodney A. Smolla
William & Mary Law Review
No abstract provided.
Freedom Of Speech And The Flag Anti-Desecration Amendment: Antinomies Of Constitutional Choice, William W. Van Alstyne
Freedom Of Speech And The Flag Anti-Desecration Amendment: Antinomies Of Constitutional Choice, William W. Van Alstyne
Faculty Publications
No abstract provided.
The Second-Best First Amendment, Frederick Schauer
The Second-Best First Amendment, Frederick Schauer
William & Mary Law Review
No abstract provided.
A Defense Of The Annenberg Libel Reform Proposal, Rodney A. Smolla
A Defense Of The Annenberg Libel Reform Proposal, Rodney A. Smolla
Popular Media
No abstract provided.
Federal Funds To Religious Groups: Where Are The First Amendment Boundaries?, Neal Devins
Federal Funds To Religious Groups: Where Are The First Amendment Boundaries?, Neal Devins
Faculty Publications
No abstract provided.
What Is “An Establishment Of Religion?", William W. Van Alstyne
What Is “An Establishment Of Religion?", William W. Van Alstyne
Faculty Publications
No abstract provided.
Reading The Establishment Clause, Neal Devins
Embargoes On Exports Of Ideas And Information: First Amendment Issues, Robert D. Kamenshine
Embargoes On Exports Of Ideas And Information: First Amendment Issues, Robert D. Kamenshine
William & Mary Law Review
No abstract provided.
The First Amendment - An Absolute Right?, Kathleen A. Buck
The First Amendment - An Absolute Right?, Kathleen A. Buck
William & Mary Law Review
No abstract provided.