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Articles 4861 - 4890 of 7929
Full-Text Articles in First Amendment
The Continuing Threshold Test For Free Exercise Claims, Andy G. Olree
The Continuing Threshold Test For Free Exercise Claims, Andy G. Olree
William & Mary Bill of Rights Journal
When a claimant challenges some governmental law or action under the Free Exercise Clause of the First Amendment, courts have long required the claimant to make out a prima facie case that the government has burdened the exercise of the claimant's sincerely held religious beliefs. This requirement has been referred to as the threshold test for free exercise claims, since claimants must make this showing as a threshold matter before courts will proceed to evaluate the burden and the governmental interest at stake under some standard of scrutiny. This Article argues that although the Supreme Court of the United States …
Civil Procedure And The Establishment Clause: Exploring The Ministerial Exception, Subject-Matter Jurisdiction, And The Freedom Of The Church, Gregory A. Kalscheur
Civil Procedure And The Establishment Clause: Exploring The Ministerial Exception, Subject-Matter Jurisdiction, And The Freedom Of The Church, Gregory A. Kalscheur
William & Mary Bill of Rights Journal
What sort of defense is provided by the ministerial exception to employment discrimination claims? The ministerial exception bars civil courts from reviewing the decisions of religious organizations regarding the employment of their ministerial employees. While the exception itself is widely recognized by courts, there is confusion with respect to the proper characterization of the defense provided by the exception: should it be seen as a subject matter jurisdiction defense, or as a challenge to the legal sufficiency of the plaintiff's claim? This Article argues that articulating the right answer to this question of civil procedure is crucial to a proper …
Possession Is Nine Tenths Of The Law: But Who Really Owns A Church's Property In The Wake Of A Religious Split Within A Hierarchical Church?, Meghaan Cecilia Mcelroy
Possession Is Nine Tenths Of The Law: But Who Really Owns A Church's Property In The Wake Of A Religious Split Within A Hierarchical Church?, Meghaan Cecilia Mcelroy
William & Mary Law Review
No abstract provided.
The Clear And Present Internet: Terrorism, Cyberspace, And The First Amendment, Peter Margulies
The Clear And Present Internet: Terrorism, Cyberspace, And The First Amendment, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The State Of The First Amendment, Timothy Zick
The Fleeting Expletives Case, Timothy Zick
The Press And Preemptive Arrests, Timothy Zick
Meatspaces, Cyberspaces, And (Relative) Expressive Freedom, Timothy Zick
Meatspaces, Cyberspaces, And (Relative) Expressive Freedom, Timothy Zick
Popular Media
No abstract provided.
Freedom Of Expression Elsewhere, Timothy Zick
The Political Conventions And The First Amendment, Timothy Zick
The Political Conventions And The First Amendment, Timothy Zick
Popular Media
No abstract provided.
The Reaction To Convention Militarization, Timothy Zick
The Reaction To Convention Militarization, Timothy Zick
Popular Media
No abstract provided.
Pole Dancing: The New Pilates?, Timothy Zick
Porn Air, Timothy Zick
Academic Speech In The Post-Garcetti Environment, Robert M. O'Neil
Academic Speech In The Post-Garcetti Environment, Robert M. O'Neil
First Amendment Law Review
No abstract provided.
When Are Public Employees Not Really Public Employees - In The Aftermath Of Garcetti V. Ceballos, Ramona L. Paetzold
When Are Public Employees Not Really Public Employees - In The Aftermath Of Garcetti V. Ceballos, Ramona L. Paetzold
First Amendment Law Review
No abstract provided.
Government Workers And Government Speech, Helen Norton
Government Workers And Government Speech, Helen Norton
First Amendment Law Review
No abstract provided.
Drafting The Priests Of Our Democracy To Serve The Diplomatic, Informational, Military & Economic Dimensions Of Power, Robin Barnes
Drafting The Priests Of Our Democracy To Serve The Diplomatic, Informational, Military & Economic Dimensions Of Power, Robin Barnes
Buffalo Public Interest Law Journal
No abstract provided.
Contents, First Amendment Law Review
Against Legislation: Garcetti V. Ceballos And The Pradox Of Statutory Protection For Public Employees, Ruben J. Garcia
Against Legislation: Garcetti V. Ceballos And The Pradox Of Statutory Protection For Public Employees, Ruben J. Garcia
First Amendment Law Review
No abstract provided.
Academic Freedom And The Post-Garcetti Blues, Sheldon Nahmod
Academic Freedom And The Post-Garcetti Blues, Sheldon Nahmod
First Amendment Law Review
No abstract provided.
Garcetti'S Impact On The First Amendment Speech Rights Of Federal Employees, Paul M. Secunda
Garcetti'S Impact On The First Amendment Speech Rights Of Federal Employees, Paul M. Secunda
First Amendment Law Review
No abstract provided.
Federal Search Commission - Access, Fairness, And Accountability In The Law Of Search, Frank Pasquale, Oren Bracha
Federal Search Commission - Access, Fairness, And Accountability In The Law Of Search, Frank Pasquale, Oren Bracha
Faculty Scholarship
No abstract provided.
Balancing Individual And Societal Interests Under The First Amendment: How The Eighth Circuit Saved Fantasy Baseball, Salvatore Vetrini
Balancing Individual And Societal Interests Under The First Amendment: How The Eighth Circuit Saved Fantasy Baseball, Salvatore Vetrini
Pace Law Review
No abstract provided.
Morse V. Frederick: Evaluating A Supreme Hit To Students' First Amendment Rights, Kellie A. Cairns
Morse V. Frederick: Evaluating A Supreme Hit To Students' First Amendment Rights, Kellie A. Cairns
Pace Law Review
No abstract provided.
If Obscenity Were To Discriminate, Barry P. Mcdonald
If Obscenity Were To Discriminate, Barry P. Mcdonald
NULR Online
No abstract provided.
Is Worship A Unique Subject Or A Way Of Approaching Many Different Subjects? Two Recent Decisions That Attempt To Answer This Question Set The Second And Ninth Circuits On A Course Toward State Entanglement With Religion, John Tyler
Mercer Law Review
Does exclusion of worship services from a limited public forum constitute discrimination on the basis of viewpoint or subject matter? Is worship a unique subject matter or a way of expressing views on many different subjects? And if worship is a unique subject matter, what expressive activities fall within that category? In other words, what is the legal definition of worship?
These are the questions that the United States Supreme Court's seminal decision in Good News Club v. Milford Central School left unanswered. Good News Club was a case from New York that involved a constitutional challenge to the local …
Where's The Harm?: Free Speech And The Regulation Of Lies, Lyrissa Barnett Lidsky
Where's The Harm?: Free Speech And The Regulation Of Lies, Lyrissa Barnett Lidsky
UF Law Faculty Publications
False factual information has no First Amendment value, and yet the United States Supreme Court has accorded lies a measure of First Amendment protection. The First Amendment imposes something in the nature of a presumption against government interference in public discourse. This presumption is rooted in suspicion of the State's ability to distinguish facts from falsehoods as well as its motives for doing so. However, the presumption against regulation of false speech is not absolute. It can be overcome when verifiably false speech poses a direct threat of harm to individual interests. Unlike other countries, the United States has never …
Standing Room Only: Federal Taxpayers Denied Standing To Challenge President's Faith-Based Programs In Hein V. Freedom From Religion Foundation, Inc., Patricia Mary Quinlan
Standing Room Only: Federal Taxpayers Denied Standing To Challenge President's Faith-Based Programs In Hein V. Freedom From Religion Foundation, Inc., Patricia Mary Quinlan
Mercer Law Review
During the 2006-2007 Term, the United States Supreme Court addressed the issue of whether federal taxpayers have standing to challenge the constitutionality of executive expenditures that allegedly violate the First Amendment to the United States Constitution. In Hein v. Freedom from Religion Foundation, Inc., the plaintiffs, asserting standing based on their status as federal taxpayers, objected to the use of congressional appropriations to fund a faith-based program created by President George W. Bush as a violation of the Establishment Clause. Although no single analysis commanded five votes, a majority of the Court agreed to dismiss the case for lack …
Eclecticism, Nelson Tebbe
Eclecticism, Nelson Tebbe
Cornell Law Faculty Publications
This short piece comments on Kent Greenawalt's new book, Religion and the Constitution: Establishment and Fairness. It argues that although Greenawalt's eclectic approach carries certain obvious costs, his theory cannot be evaluated without comparing its advantages and disadvantages to those of its competitors. It concludes by giving some sense of what that comparative calculus might look like.
Regulation Of Blog Campaign Advocacy On The Internet: Comparing U.S., German, And Eu Approaches, Allison R. Hayward
Regulation Of Blog Campaign Advocacy On The Internet: Comparing U.S., German, And Eu Approaches, Allison R. Hayward
Cardozo Journal of International and Comparative Law
This essay examines how U.S., German, and EU laws have treated the regulation of political commentary on the Internet. As political blogging grows in popularity, the reach of these web sites, and their influence in political campaigns, may make them a target for regulation by rivals and incumbents, both at home and abroad. Since ordinarily any URL can be reached from anywhere with Internet access, conflicting domestic rules about what can be said (and who can say it) present potential for conflicting rules on blogging.
In brief, U.S. law protects blogging content, but may impose restrictions on the source of …