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Articles 5191 - 5220 of 7929
Full-Text Articles in First Amendment
Contents, First Amendment Law Review
The Wisdom And Constitutionality Of Teaching Intelligent Design In Public Schools, Arnold H. Loewy
The Wisdom And Constitutionality Of Teaching Intelligent Design In Public Schools, Arnold H. Loewy
First Amendment Law Review
No abstract provided.
Kitzmiller And The Is It Science Question, Jay D. Wexler
Kitzmiller And The Is It Science Question, Jay D. Wexler
First Amendment Law Review
No abstract provided.
Constitutional Structure, Individual Rights, And The Pledge Of Allegiance, Luke Meier
Constitutional Structure, Individual Rights, And The Pledge Of Allegiance, Luke Meier
First Amendment Law Review
No abstract provided.
Why It Mattered To Dover That Intelligent Design Isn't Science, Richard B. Katskee
Why It Mattered To Dover That Intelligent Design Isn't Science, Richard B. Katskee
First Amendment Law Review
No abstract provided.
Vestiges Of The Establishment Clause, Steven G. Gey
Vestiges Of The Establishment Clause, Steven G. Gey
First Amendment Law Review
No abstract provided.
Through A Glass Darkly: Van Orden, Mccreary, And The Dangers Of Transparency In Establishment Clause Jurisprudence, Laura S. Underkuffler
Through A Glass Darkly: Van Orden, Mccreary, And The Dangers Of Transparency In Establishment Clause Jurisprudence, Laura S. Underkuffler
First Amendment Law Review
No abstract provided.
The Charitable Choice Program And The Lown Case: A Reasonable Solution, Matthew Strabone
The Charitable Choice Program And The Lown Case: A Reasonable Solution, Matthew Strabone
Buffalo Public Interest Law Journal
No abstract provided.
Establishing Anti-Foundationalism Through The Pledge Of Allegiance Cases, Anthony R. Picarello Jr.
Establishing Anti-Foundationalism Through The Pledge Of Allegiance Cases, Anthony R. Picarello Jr.
First Amendment Law Review
No abstract provided.
A Tough Pill To Swallow: Does The First Amendment Prohibit Wv From Regulating Pharmaceutical Companies' Advertising Expenses To Lower The Cost Of Prescription Drugs?, Brienne Taylor Greiner
A Tough Pill To Swallow: Does The First Amendment Prohibit Wv From Regulating Pharmaceutical Companies' Advertising Expenses To Lower The Cost Of Prescription Drugs?, Brienne Taylor Greiner
West Virginia Law Review
No abstract provided.
The Most Important Right We Think We Have But Don't: Freedom From Religious Discrimination In Education, Kenneth L. Marcus
The Most Important Right We Think We Have But Don't: Freedom From Religious Discrimination In Education, Kenneth L. Marcus
Nevada Law Journal
No abstract provided.
Concurring In Part & Concurring In The Confusion, Sonja R. West
Concurring In Part & Concurring In The Confusion, Sonja R. West
Scholarly Works
When a federal appellate court decided last year that two reporters must either reveal their confidential sources to a grand jury or face jail time, the court did not hesitate in relying on the majority opinion in the Supreme Court's sole comment on the reporter's privilege--Branzburg v. Hayes. "The Highest Court has spoken and never revisited the question. Without doubt, that is the end of the matter," Judge Sentelle wrote for the three-judge panel on the Circuit Court of Appeals for the District of Columbia. By this declaration, the court dismissed with a wave of its judicial hand the arguments …
Media Influence And The Modern American Democracy: Why The First Amendment Compels Regulation Of Media Ownership, Sean Michael Mcguire
Media Influence And The Modern American Democracy: Why The First Amendment Compels Regulation Of Media Ownership, Sean Michael Mcguire
Cardozo Public Law, Policy & Ethics Journal
The article argues that the First Amendment necessitates government regulation of media ownership to safeguard democracy. It posits that while the First Amendment initially protected against government interference, evolving societal and technological changes require active regulation to ensure a diverse "marketplace of ideas." The author contends that without such regulation, media consolidation leads to a decline in viewpoint diversity, diminished content quality, and undue corporate influence, undermining democratic discourse.
The Religious Origins Of Disestablishment Principles, Marci A. Hamilton, Rachel Steamer
The Religious Origins Of Disestablishment Principles, Marci A. Hamilton, Rachel Steamer
Articles
No abstract provided.
Student Speech Rights In The Modern Era, Brett Thompson
Student Speech Rights In The Modern Era, Brett Thompson
Mercer Law Review
Many things have changed since the United States Supreme Court's last major student speech case, Hazelwood School District v. Kuhlmeier, was decided in 1988. In 1999 a tragic school shooting occurred at Columbine High School in Colorado. During that same time period, there were a number of other occurrences of major violence at public schools. Since then, schools and legislatures have scrambled to prevent the occurrence of similar incidents. For example, a number of states have enacted anti-bullying statutes. Some were motivated to do so by a U.S. Secret Service report indicating that bullying played a role in many …
Protecting Islam's Garden From The Wilderness: Halal Fraud Statutes And The First Amendment, Elijah L. Milne
Protecting Islam's Garden From The Wilderness: Halal Fraud Statutes And The First Amendment, Elijah L. Milne
Journal of Food Law & Policy
Like all religions, Islam needs protection from governmental encroachment. As early as 1644, Roger Williams, the founder of Rhode Island, recognized that state involvement in religious matters defiles religion. "When they have opened a gap in the hedge or wall of separation between the garden of [religion] and the wilderness of the world," wrote Williams, "God hath ever broke down the wall itself, removed the candlestick, and made His garden a wilderness ... ." Although Williams was mostly concerned about the government's impact on Christianity, his oft-quoted metaphor applies equally to the government's influence on Islam. This Article will discuss …
Testimony Before The House Committee On Veterans' Affairs, Subcommittee On Disability Assistance And Memorial Affairs, In Support Of H.R. 5037, The "Respect For America's Fallen Heroes Act,", David Forte
Law Faculty Presentations and Testimony
H.R. 5037, entitled the ”Respect for America's Fallen Heroes Act,” seeks to limit ”certain demonstrations” in cemeteries under the control of the National Cemetery Administration or on the property of Arlington National Cemetery. The bill defines what constitutes a demonstration disruptive of the memorial services or funerals being held in or within 500 feet of such cemeteries, but allows an exception for demonstrations on cemetery grounds if ” approved by the cemetery superintendent.” There are thus two constitutional issues to be confronted: (1) Does the ban on ”certain” demonstrations meet the requirements of First Amendment law as laid down in …
Freedom Of The Press Box: Classifying High School Athletes Under The Gertz Public Figure Doctrine, Jonathan Deem
Freedom Of The Press Box: Classifying High School Athletes Under The Gertz Public Figure Doctrine, Jonathan Deem
West Virginia Law Review
No abstract provided.
Regulating Food Advertisements: Some First Amendment Issues, John M. A. Dipippa
Regulating Food Advertisements: Some First Amendment Issues, John M. A. Dipippa
University of Arkansas at Little Rock Law Review
No abstract provided.
Cutter And The Preferred Position Of The Free Exercise Clause, Steven Goldberg
Cutter And The Preferred Position Of The Free Exercise Clause, Steven Goldberg
William & Mary Bill of Rights Journal
No abstract provided.
Speech And The Self-Governance Value, Brian C. Murchison
Speech And The Self-Governance Value, Brian C. Murchison
William & Mary Bill of Rights Journal
No abstract provided.
A Clearing In The Forest: Infusing The Labor Union Dues Dispute With First Amendment Values, Harry G. Hutchinson
A Clearing In The Forest: Infusing The Labor Union Dues Dispute With First Amendment Values, Harry G. Hutchinson
William & Mary Bill of Rights Journal
This article deploys public choice theory and postmodem identity claims to develop a far-reaching understanding of the union dues dispute, which suggests that the burden of proof on the existence of and/or the possibility of an enduring union community should be placed on proponents of this view. While the postmodern project can be seen as an unsettled approach that is riven by coherency issues, not the least, its insistence on offering the good without the true, it supplies modest benefits by revealing the conceivably infinite varieties of human preferences in contemporary America. The absence of preference convergence, understood from the …
Rethinking Regulation Of Advertising Aimed At Children, William A. Ramsey
Rethinking Regulation Of Advertising Aimed At Children, William A. Ramsey
Federal Communications Law Journal
In 1990, Congress passed the Children's Television Act ("CTA"), which directed the FCC to establish standards for broadcasters regarding the amount of children's programming aired and to enforce limits on the amount of commercial time aired during children's programming. The limits are meant to protect children from various harms caused by advertising aimed at children. This Note examines the constitutionality and the effectiveness of these commercial limits. The Note concludes that while the CTA's commercial limits are probably constitutional under the Court's test for regulations of commercial speech, the limits do not provide children with adequate protection from the harms …
The Court's Purpose: Secular Or Anti-Strife?, Bernadette Meyler
The Court's Purpose: Secular Or Anti-Strife?, Bernadette Meyler
Cornell Law Faculty Publications
No abstract provided.
Property, Place, And Public Discourse, Timothy Zick
Property, Place, And Public Discourse, Timothy Zick
Faculty Publications
No abstract provided.
Contents, First Amendment Law Review
Holy Scriptures And Unholy Strictures: Why The Enforcement Of A Religious Orthodoxy In North Carolina Demands A More Refined Establishment Clause Analysis Of Courtroom Oaths, Daniel Blau
First Amendment Law Review
No abstract provided.
Protecting Homosexual Rights: A Contradiction In First Amendment Jurisprudence, Quinn White
Protecting Homosexual Rights: A Contradiction In First Amendment Jurisprudence, Quinn White
First Amendment Law Review
No abstract provided.
Interpreting Commercial Speech Under The Lanham Act's Commercial Use Requirement: Tension Between Online Trademark And First Amendment Free Speech Rights, R. Kent Warren
First Amendment Law Review
No abstract provided.
Velazquez V. Legal Services Corporation: Unconstitutional Conditions And First Amendment Rights Of Nonprofit Organizations And Their Donors, Edward Chaney
First Amendment Law Review
No abstract provided.