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Full-Text Articles in First Amendment

Comments: A Poisoned Arrow In His Quiver: Why Forbidding An Entire Branch Of Government From Communicating With A Reporter Violates The First Amendment, Joseph S. Johnston Jan 2006

Comments: A Poisoned Arrow In His Quiver: Why Forbidding An Entire Branch Of Government From Communicating With A Reporter Violates The First Amendment, Joseph S. Johnston

University of Baltimore Law Review

"[There exists] a profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open, and that it may well include vehement, caustic, and sometimes unpleasantly sharp attacks on government and public officials."

"Nothing can now be believed which is seen in a newspaper. Truth itself becomes suspicious by being put into that polluted vehicle."

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Context Is King: A Perception-Based Test For Evaluating Government Displays Of The Ten Commandments, Nathan P. Heller Jan 2006

Context Is King: A Perception-Based Test For Evaluating Government Displays Of The Ten Commandments, Nathan P. Heller

Villanova Law Review (1956 - )

No abstract provided.

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Copyright Lochnerism, Raymond Shih Ray Ku Jan 2006

Copyright Lochnerism, Raymond Shih Ray Ku

Faculty Publications

Part I of this essay outlines the conflict between copyright and the First amendment as well as, the complementary argument for reconciling copyright and free speech, as it has been formulated by scholars and the Supreme Court. Part II discusses what I have referred to as the Framers' copyright and the extent to which arguments based upon the Framers' intent in this area may reconcile copyright and free speech. Lastly, Part III argues that reliance upon the complementary argument to deny any role for heightened First Amendment review in copyright cases is subject to two interrelated criticisms of Lochner. By …

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Out Of Thin Air: Using First Amendment Public Forum Analysis To Redeem American Broadcasting Regulation, Anthony E. Varona Jan 2006

Out Of Thin Air: Using First Amendment Public Forum Analysis To Redeem American Broadcasting Regulation, Anthony E. Varona

University of Michigan Journal of Law Reform

American television and radio broadcasters are uniquely privileged among Federal Communications Commission (FCC) licensees. Exalted as public trustees by the 1934 Communications Act, broadcasters pay virtually nothing for the use of their channels of public radiofrequency spectrum, unlike many other FCC licensees who have paid billions of dollars for similar digital spectrum. Congress envisioned a social contract of sorts between broadcast licensees and the communities they served. In exchange for their free licenses, broadcast stations were charged with providing a platform for a "free marketplace of ideas" that would cultivate a democratically engaged and enlightened citizenry through the broadcasting of …

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First Amendment Rights Behind Bars: To Deny A Prisoner Pornography, The Third Circuit In Ramirez V. Pugh Requires Proof Of Detriment To Rehabilitation, Victoria Ford Jan 2006

First Amendment Rights Behind Bars: To Deny A Prisoner Pornography, The Third Circuit In Ramirez V. Pugh Requires Proof Of Detriment To Rehabilitation, Victoria Ford

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

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Playing Games With The First Amendment: Are Video Games Speech And May Minors' Access To Graphically Violent Video Games Be Restricted?, Gregory K. Laughlin Jan 2006

Playing Games With The First Amendment: Are Video Games Speech And May Minors' Access To Graphically Violent Video Games Be Restricted?, Gregory K. Laughlin

University of Richmond Law Review

No abstract provided.

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History Turned "Sideways": Granholm V. Heald And The Twenty-First Amendment, Harris Danow Jan 2006

History Turned "Sideways": Granholm V. Heald And The Twenty-First Amendment, Harris Danow

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Property And Speech, In Symposium, “The Rehnquist Court And The First Amendment,”, Robert Allen Sedler Jan 2006

Property And Speech, In Symposium, “The Rehnquist Court And The First Amendment,”, Robert Allen Sedler

Law Faculty Research Publications

No abstract provided.

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Prayer Or Prison: The Unconstitutionality Of Mandatory Faith-Based Substance Abuse Treatment, Christopher M. Meissner Jan 2006

Prayer Or Prison: The Unconstitutionality Of Mandatory Faith-Based Substance Abuse Treatment, Christopher M. Meissner

Cleveland State Law Review

Whether faith-based substance abuse treatments are effective is certainly a valid question in its rightful place, but it is not the inquiry pursued here. Rather, this Note argues that a drug court's act of assigning unwilling offenders to twelve-step or otherwise religiously-based residential treatment centers violates the Establishment Clause guarantee. Specifically, such centers regulate the offenders' beliefs and compel them to affirm whatever tenets are professed at the individual treatment center. Moreover, a court's subsequent act of threatening or actually imposing criminal sanctions upon offenders for refusing to complete such treatment programs constitutes punishment for refusing to be religiously indoctrinated …

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Arkansas’S Public Records Retention Program: Records Retention As A Cornerstone Of Citizenship And Self-Government, Richard J. Peltz Jan 2006

Arkansas’S Public Records Retention Program: Records Retention As A Cornerstone Of Citizenship And Self-Government, Richard J. Peltz

University of Arkansas at Little Rock Law Review

No abstract provided.

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Toward A Genuine Debate About Morals, Religion, Politics, And Law: Why America Needs A Christian Response To The "Christian" Right, Jason Carter Jan 2006

Toward A Genuine Debate About Morals, Religion, Politics, And Law: Why America Needs A Christian Response To The "Christian" Right, Jason Carter

Georgia Law Review

America's current debate about religion's role in politics offers a false choice. On one side is the politicized Christian right.' This group, loosely defined, consists of those political groups and leaders who associate themselves with traditional conservative ideas on culture and claim to represent fundamentalist or evangelical Christians. This group has been by far the most vocal advocate of the position that religion deserves an increased role in our nation's policy making. Indeed, it has come to dominate that position. The response to the Christian right has come almost exclusively from the secular left. It argues not with the Christian …

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Toward A Limited Right Of Access To Jury Deliberations, Torrence Lewis Jan 2006

Toward A Limited Right Of Access To Jury Deliberations, Torrence Lewis

Federal Communications Law Journal

Jury deliberations receive extensive protection from public examination. These protections make jury deliberations much less accessible to the public than most other governmental deliberations. This Comment examines the constitutional, common law, and statutory protections for jury deliberations and the dangers that these protections seek to prevent. The Author argues that a limited post-verdict right of access to jury deliberations could restore public faith in the jury and could eventually improve the quality of jury deliberations. The Author suggests a possible framework that would provide the public with a limited right of access and still address the primary concerns that led …

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Church Autonomy Is Not A Better Path To "Truth", Marci A. Hamilton Jan 2006

Church Autonomy Is Not A Better Path To "Truth", Marci A. Hamilton

Articles

No abstract provided.

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Religion, Speech, And The Minnesota Constitution: State-Based Protections Amid First Amendment Instabilities, Steven P. Aggergaard Jan 2006

Religion, Speech, And The Minnesota Constitution: State-Based Protections Amid First Amendment Instabilities, Steven P. Aggergaard

William Mitchell Law Review

No abstract provided.

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A Reply To Professor Johnson, Marci A. Hamilton Jan 2006

A Reply To Professor Johnson, Marci A. Hamilton

Articles

No abstract provided.

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An Essay On Freedom Of Speech: The United States Versus The Rest Of The World, Robert Allen Sedler Jan 2006

An Essay On Freedom Of Speech: The United States Versus The Rest Of The World, Robert Allen Sedler

Law Faculty Research Publications

No abstract provided.

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Disciplining Public Employees For Expressive Activity, Ann C. Hodges Jan 2006

Disciplining Public Employees For Expressive Activity, Ann C. Hodges

Law Faculty Publications

A public employee's right to free speech under the First Amendment is not unlimited and employers have the right to discipline employees for expressive activity under certain circumstances (Pickering v. Board of Education, 391 U.S. 563, 1968). The employer has an interest in ensuring that its etnployees do not under1nine its operations or ll1terfere with acco1nplishment of its objectives. At the same time, employees do not give up their constitutional rights when they accept government employment.

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Bloggers As Reporters: An Effect-Based Approach To First Amendment Protections In A New Age Of Information Dissemination, Stephanie J. Frazee Jan 2006

Bloggers As Reporters: An Effect-Based Approach To First Amendment Protections In A New Age Of Information Dissemination, Stephanie J. Frazee

Vanderbilt Journal of Entertainment & Technology Law

Numerous questions and concerns are presented by the Apple case and by the rising prominence of blogging in general. What protections are afforded to bloggers when they are relying on confidential sources to disseminate information? What protections should be afforded? How can a court determine when bloggers are acting as reporters in the first place? And, what protections do traditional reporters get in similar situations? This note will attempt to answer these questions with the purpose of the First Amendment (as well as the practicality and risks of extending its protections) in mind. The next section will follow the development …

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Faith, The State, And The Humility Of International Law, Mark Weston Janis Jan 2006

Faith, The State, And The Humility Of International Law, Mark Weston Janis

Faculty Articles and Papers

Father Robert Drinan, long a leading advocate of human rights, has had a distinguished career serving as a U.S. congressman from Massachusetts, as Dean of the Boston College Law School, and now as Professor of Law at Georgetown University Law Center. Father Drinan's new book, Can God and Caesar Coexist?: Balancing Religious Freedom and International Law, sensitively and persuasively sets out the often tortuous relations among religion (the God of his title), national governments (Caesar), and international law (the new and possibly helpful partner in this relationship). My essay employs the facts and arguments in Father Drinan's Can God and …

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Buying White Beauty, Imani Perry Jan 2006

Buying White Beauty, Imani Perry

Cardozo Journal of Equal Rights & Social Justice

The article argues that the global phenomenon of skin-bleaching is a manifestation of structural inequality rooted in race, poverty, and globalization. It critiques how the marketing and use of skin-whitening products perpetuate racial hierarchies and reflects broader societal power dynamics, emphasizing the need for legal and regulatory responses to address the health and social implications of this practice.

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An Examination Of The United States Supreme Court's Recent Establishment Clause Rulings In Mccreary County, Ky. V. American Civil Liberties Union And Van Order V. Perry, Joanna L. Suyes Jan 2006

An Examination Of The United States Supreme Court's Recent Establishment Clause Rulings In Mccreary County, Ky. V. American Civil Liberties Union And Van Order V. Perry, Joanna L. Suyes

Richmond Public Interest Law Review

Responding to a question concerning whether or not his followers should pay taxes to the Roman government, the Bible records that Jesus answered, "Render unto Caesar the things that are Caesar's and unto God the things that are God's." This statement, quoted in the Bible's Gospel of Matthew, has been called one of the "most revolutionary and history-making utterances that ever fell from those lips divine.",While the famous words of Jesus make clear the existence of a distinction between the realms of religion and government, they shed little light on the type of balance that should be struck between them.

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Matters Of Public Concern Standard In Free Speech Cases, Ann C. Hodges Jan 2006

Matters Of Public Concern Standard In Free Speech Cases, Ann C. Hodges

Law Faculty Publications

The public concern standard has operated primarily in two categories of free-speech cases: those involving speech by government employees and those involving defamation.

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Defamation Of Public Figures: North American Contrasts, Adrienne Stone Jan 2006

Defamation Of Public Figures: North American Contrasts, Adrienne Stone

NYLS Law Review

No abstract provided.

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Defamation, Free Speech, And Democratic Governance, Russell L. Weaver, David F. Partlett Jan 2006

Defamation, Free Speech, And Democratic Governance, Russell L. Weaver, David F. Partlett

NYLS Law Review

No abstract provided.

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Truth And Consequences: First Amendment Protection For Accurate Reporting On Government Investigations, Jonathan Donnellan, Justin Peacock Jan 2006

Truth And Consequences: First Amendment Protection For Accurate Reporting On Government Investigations, Jonathan Donnellan, Justin Peacock

NYLS Law Review

No abstract provided.

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Why Erzinger Could Be Revived: Are Mandatory Payments For University Insurance Plans Constitutional?, Adrian Martinez Jan 2006

Why Erzinger Could Be Revived: Are Mandatory Payments For University Insurance Plans Constitutional?, Adrian Martinez

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Challenging Standard Conceptions Of Tradition, Science And Technology In 2006: Why Laws Prohibiting The Sale Of Violent Video Games To Minors Should Be Ultimately Upheld, Ilana Lubin Jan 2006

Challenging Standard Conceptions Of Tradition, Science And Technology In 2006: Why Laws Prohibiting The Sale Of Violent Video Games To Minors Should Be Ultimately Upheld, Ilana Lubin

Cardozo Journal of Equal Rights & Social Justice

The note argues that regulating the sale of violent video games to minors is constitutionally justifiable, supported by scientific evidence on adolescent brain development and legal precedents. It critiques the lack of a clear legal standard in court decisions and advocates for a nuanced approach that balances First Amendment rights with public safety concerns.

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First Amendment Cases In The October 2004 Term, Joel Gora Jan 2006

First Amendment Cases In The October 2004 Term, Joel Gora

Faculty Scholarship

No abstract provided.

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The Interests Of "Peoples" In The Cooperative Management Of Sacred Sites, Kristen A. Carpenter Jan 2006

The Interests Of "Peoples" In The Cooperative Management Of Sacred Sites, Kristen A. Carpenter

Publications

This essay contends that there is a structural element of federal law and policy that sets up legal battles over American Indian sacred sites. The Supreme Court has held that whatever rights groups may have at sacred sites, the federal government's rights as owner and sovereign of the public lands ultimately prevails. Federal agencies can, if they choose, accommodate various interests on the public lands, but such decisions are left to fluctuating executive policy and the discretion of land managers. This approach reflects well-established doctrine in public lands law, but leaves various citizens and groups clamoring for the federal government …

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Introduction, Russell L. Weaver, David F. Partlett Jan 2006

Introduction, Russell L. Weaver, David F. Partlett

NYLS Law Review

No abstract provided.

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