First Amendment Commons^™

Assisted Suicide, Morality, And Law: Why Prohibiting Assisted Suicide Violates The Establishment Clause, Edward Rubin

Vanderbilt Law Review

This Article argues that general prohibitions against assisted suicide violate the Establishment Clause because they support a particular and religiously based moral position. Many laws overlap with religious proscriptions, of course. The conclusion that laws against assisted suicide are unconstitutional because of their religious origin is based on the specific historical context of these laws within our existing culture. Over the course of Western civilization, attitudes about suicide have oscillated from positive approbation in many Greek and Roman sources, to outright and unalterable opposition by Christian writers, to acceptance and limited approval by contemporary secular thinkers and health practitioners. At …

Adopted Speech: Summum'S Implications On Government-Sponsored, Student Speech, Landon Wade Magnusson

Brigham Young University Education and Law Journal

No abstract provided.

Blood Libel: Radical Islam's Conscription Of The Law Of Defamation Into A Legal Jihad Against The West - And How To Stop It, R. Ashby Pate

First Amendment Law Review

No abstract provided.

Father Hill And Fanny Hill: An Activist Group's Crusade To Remake Obscenity Law, Stephen Bates

First Amendment Law Review

No abstract provided.

Obstacles To Credit Rating Agencies' First Amendment Defense In Light Of Abu Dhabi, Parisa Haghshenas

First Amendment Law Review

No abstract provided.

Insincere Apologies: The Tenth Circuit's Treatment Of Compelled Speech In Public High Schools, Nora Sullivan

First Amendment Law Review

No abstract provided.

Contents, First Amendment Law Review

First Amendment Law Review

No abstract provided.

Standards Of Conduct For Journalists Under Europe's First Amendment, Regis Bismuth

First Amendment Law Review

No abstract provided.

To Speak Or Not To Speak: Theoretical Difficulties Of Analyzing Compelled Speech Claims Under A Restricted Speech Standard, Brandon C. Pond

Brigham Young University Education and Law Journal

No abstract provided.

Licensing Facially Religious Government Speech: Summum'S Impact On The Free Speech And Establishment Clauses, Scott W. Gaylord

First Amendment Law Review

No abstract provided.

Iran, Social Media, And U.S. Trade Sanctions: The First Amendment Implications Of U.S. Foreign Policy, Nadia L. Luhr

First Amendment Law Review

No abstract provided.

Introduction: In Flagrante Depicto, Peter Goodrich

Cardozo Law Review

No abstract provided.

You Better Smile When You Say "Cheese!": Whether The Photograph Requirement For Drivers' Licenses Violates The Free Exercise Clause Of The First Amendment, Lauren N. Harris

Mercer Law Review

All fifty states require that a licensee's photograph be included on his or her driver's license. While many people willingly comply with the photograph requirement and say "Cheese!" without complaint, the photograph requirement presents an obstacle to others that may in fact prevent them from obtaining valid drivers' licenses even though they are otherwise qualified. The photograph requirement causes a problem when an applicant for a driver's license has religious beliefs that forbid the taking of his or her photograph. An applicant is faced with the dilemma of following his or her religious beliefs or obtaining a valid driver's license …

Coordination Or Mere Registration? Single-Speaker Permits In Berger V. City Of Seattle, Edan Burkett

BYU Law Review

No abstract provided.

Passive Acknowledgement Or Active Promotion Of Religion? Neutrality And The Ten Commandments In Green V. Haskell, Stephanie Barclay

BYU Law Review

No abstract provided.

Transforming The Public Employee Speech Standard In Posey V. Lake Pend Oreille: More Than Meets The Eye , Benjamin M. Smith

BYU Law Review

No abstract provided.

Astrachan And Easton: Fight Wikileaks Case In Court, Not In Cyberspace, James B. Astrachan, Eric Easton

All Faculty Scholarship

No abstract provided.

Brief Amici Curiae Of Christian Medical And Dental Associations, Beta Upsilon Chi, And Officers Of Various Christian Legal Society Student Chapters In Support Of Petitioner, Kelly J. Shackelford, Hiram S. Sasser Iii, Jeffrey C. Mateer, Roger L. Byron, Erin Leu, Thomas C. Berg, Richard W. Garnett

Court Briefs

No. 08-1371
Christian Legal Society Chapter of University of California, Hastings College of the Law v. Leo P. Martinez

On Writ Of Certiorari To The United States Court Of Appeals For The Ninth Circuit

From the Introduction and Summary of Argument

This case poses the question whether a student group organized around religious beliefs will be able to ensure these beliefs are shared by its leaders and voting members, and still be able to participate in a program at a public educational institution designed to encourage speech from a wide range of student groups.

The University of California-Hastings Law School …

The Need For A Negligence Standard Of Care For Credit Rating Agencies, Rachel Jones

William & Mary Business Law Review

No abstract provided.

Brief Of Constitutional Law Professors As Amici Curiae In Support Of Petitioners, Ryan A. Shores, Richard W. Garnett

Court Briefs

No. 09-592
Eleanor McCullen v. Martha Coakley

On Petition for a Writ of Certiorari to the United States Court of Appeals for the First Circuit

From the Summary of Argument

The Court should grant certiorari to reverse the First Circuit's decision upholding against First Amendment challenge a prohibition on public-forum speech that applies only at freestanding clinics where abortions are performed, exempts clinic agents and employees, and criminalizes peaceful, non-obstructive speech, including conversation with willing listeners, stationary handbilling, and speech from a conversational distance. By granting certiorari, the Court can begin to reconstruct a consensus on free speech principles that …

Reflections On Breach Of Confidence From The U.S. Experience, Brian C. Murchison

Scholarly Articles

Not available.

First Amendment Martyr, First Amendment Opportunist: Commentary On Larry Flynt's Role In The Free Speech Debate, Rodney A. Smolla

Scholarly Articles

Not available.

Communication Indecency: Why The Communications Decency Act, And The Judicial Interpretation Of It, Has Led To A Lawless Internet In The Area Of Defamation, Colby Ferris

Barry Law Review

First, this article explores how law of defamation has been applied in the brick and mortar world, and how those same principles were applied to the cyber world. Next it looks at Congress’s legislation of defamation law on the Internet, and how that legislation has been applied in court. Finally, it evaluates the changing attitude toward that legislation, and changes Congress should consider making.

Citizens Disunited, Steven L. Winter

Law Faculty Research Publications

No abstract provided.

Response: The Continuing Relevance Of The Establishment Clause: A Reply To Professor Richard C. Schragger, Caroline Mala Corbin

Articles

No abstract provided.

Vehicle Leafleting: Suggestion For Municipalities Seeking To Defend Vehicular Leafleting Bans Against First Amendment Challenges, Adam Klare Guernsey

McGeorge Law Review

No abstract provided.

Bush, Obama And Beyond: Observations On The Prospect For Fact Checking Executive Department Threat Claims Before The Use Of Force, Leslie Gielow Jacobs

McGeorge School of Law Scholarly Articles

This piece looks at the recurring problem of inflated threat claims offered by executive branch actors to persuade the Nation to consent to the use of force. It sets out the experience of the Bush Administration’s use of incorrect threat claims to persuade the country to consent to the use of force in Iraq as a backdrop to evaluating the President Obama’s use of threat claims to support the continuing use of force in Afghanistan. Although comparison of threat advocacy by the Bush and Obama administrations must be imperfect, it allows for some observations about the extent to which the …

In Search Of (Maintaining) The Truth: The Use Of Copyright Law By Religious Organizations, David A. Simon

Michigan Telecommunications & Technology Law Review

The goal of this Article is to do what others have not: determine whether religious organizations should use copyright law to advance their goals of censorship and doctrinal purity. Answering this question entails a two-step analysis. First, the religious motivations must be compared with the underlying theories of, or justifications for, copyright law. Whether those principles align or conflict with religious motivations will inform our normative answer. Regardless of the answer to the aforementioned inquiry, the second step analyzes whether substantive copyright law doctrine facilitates or impedes the achievement of the ends advanced by these religious motivations. As a result …

A Fractured Establishment's Responses To Social Movement Agitation: The U.S. Supreme Court And The Negotiation Of An Outsider Point Of Entry In Walker V. City Of Birmingham, Carlo A. Pedrioli

Faculty Scholarship

In classical social movement theory, scholars have identified the advocates of change as elements of agitation and the establishment as the entity that responds in an attempt to control the agitators. This classical approach has assumed that the establishment is a generally monolithic entity that responds in a unified manner to the efforts of the advocates of change. While this approach may accurately characterize some rhetorical situations, it does not necessarily have to characterize all such situations. For example, one could describe the judiciary as a part of the establishment because judges are well-connected and powerful individuals who, in many …

Doninger's Wedge: Has Avery Doninger Bridged The Way For Internet Versions Of Matthew Fraser?, 43 J. Marshall L. Rev. 439 (2010), Adam Dauksas

UIC Law Review

No abstract provided.