First Amendment Commons^™

Who Is A "Journalist"?, Howard Fineman

First Amendment Law Review

No abstract provided.

The First Amendment, Journalism & Credibility: A Trio Of Reforms For A Meaningful Free Press More Than Three Decades After Tornillo, Clay Calvert

First Amendment Law Review

No abstract provided.

The Jurisprudence Of The Media's Access To Voting Polls, Blake D. Morant

First Amendment Law Review

No abstract provided.

Swift Boat Vets In 2004: Press Coverage Of An Independent Campaign, Albert L. May

First Amendment Law Review

No abstract provided.

Credibility And The Press: A Response To Professor Loewy, Clay Calvert

First Amendment Law Review

No abstract provided.

An Unworkable Solution For A Non-Existent Problem: A Reply To Professor Calvert, Arnold H. Loewy

First Amendment Law Review

No abstract provided.

Contents, First Amendment Law Review

First Amendment Law Review

No abstract provided.

Religion And Housing For The Homeless: Using The First Amendment And The Religious Land Use Act To Convert Religious Faith Into Safe, Affordable Housing., David L. Abney

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

Freedom Of Thought, Offensive Fantasies And The Fundamental Human Right To Hold Deviant Ideas: Why The Seventh Circuit Got It Wrong In Doe V. City Of Lafayette, Indiana, Clay Calvert

The University of New Hampshire Law Review

[Excerpt] “A precarious balance and considerable tension exists between two competing legal interests – the essential, First Amendment-grounded human right to freedom of thought, on the one hand, and the desire to prevent harm and injury that might occur if thought is converted to action, on the other. To understand this tension, it is useful to start by considering three different and disturbing factual scenarios.

This article examines and critiques the majority opinion of the Seventh Circuit Court of Appeals in City of Lafayette. The majority held that the city’s ban of John Doe, a convicted sex offender, from its …

Locke V. Davey: The Fine Line Between Free Exercise And Establishment, Brett Thompson

Mercer Law Review

In Locke v. Davey, the United States Supreme Court held that a state-sponsored scholarship program that excluded students who were majoring in devotional theology did not violate the Free Exercise Clause of the United States Constitution. The Court's holding left a great deal of uncertainty on when states may withhold benefits on the basis of religion.

Defining The Relevant Forum: The United States Postal Service Constitutes A Single Forum For Communication, Melissa C. Manke

Washington Law Review

The United States Postal Service fulfills a vital public function by enabling people to communicate in an effective and efficient way. The United States Supreme Court has firmly established the use of the mails as a free speech right guaranteed by the First Amendment. Courts apply a three-part forum analysis when analyzing First Amendment challenges to restrictions on the use of the mail system. This analysis requires courts to define the forum to which the plaintiff seeks access, to determine if that forum is public or nonpublic, and to apply the level of scrutiny proper to the type of forum …

Discriminatory Filtering: Cipa's Effect On Our Nation's Youth And Why The Supreme Court Erred In Upholding The Constitutionality Of The Children's Internet Protection Act, Katherine A. Miltner

Federal Communications Law Journal

Congress introduced the Children's Internet Protection Act ("CIPA") in order to filter obscene and indecent material in response to a perceived threat to members of the public, specifically minors, who are exposed to pornographic material on the Internet. The provisions of CIPA have provoked tension between two competing interests: protecting minors from cyberpornography, and safeguarding First Amendment rights. This Note argues that the Supreme Court erred by upholding the constitutionality of CIPA. As a result of the Supreme Court's decision, the nation's youth will have restricted access to constitutionally protected information. The Court improperly relied on a provision of the …

Advanced Employment Retaliation Issues, William A. Herbert

Publications and Research

This paper presented at the American Bar Association 2005 Equal Employment Opportunity Committee Midwinter Meeting discusses three issues relating to retaliation claims in the private and public sectors: the use of union information demands with regard to potential retaliation claims; the anti-retaliation provisions contained in certain federal environmental laws and regulations; and the standards for establishing causation regarding an adverse personnel action in First Amendment retaliation claims by public employees.

To Surf And Protect: The Children's Internet Protection Act Policies Material Harmful To Minors And A Whole Lot More, Michael B. Cassidy

Michigan Telecommunications & Technology Law Review

This Note will examine the constitutional issues raised by installing Internet filtering software in public libraries. Part I explores the First Amendment, the standard of review for restricting Internet material, and the government's role in protecting minors and regulating speech. Part II discusses library patrons' First Amendment rights in public libraries. Part III provides the statutory framework of the E-rate and LSTA programs, as well as the Children's Internet Protection Act (CIPA). Part IV examines the effectiveness of current Internet filtering technology and provides the American Library Association's policies on Internet filtering in public libraries. Part V discusses the district …

Richard Sheppard Arnold: A Distinguished Jurist, A Loyal Colleague And A Good Friend, Gerald W. Heaney

University of Arkansas at Little Rock Law Review

No abstract provided.

Who Owns The Medium Owns The Message? The Ambiguity Of The Right To Communicate In The Age Of Convergence, Aliaa Ibrahim Dakroury

Reconstruction: Studies in Contemporary Culture

In her essay on The Ambiguity of the Right to Communicate in the Age of Convergence, Aliaa Dakroury frames the issue mediation in terms of media ownership and control. The question asked in the title -- Who Owns the Medium Owns the Message? -- in its rhetorical rather than literal form, indicates the skepticism with which Dakroury approaches too narrow a vision of determination. In the terms of his case study, this means questioning the apparent incommensurability of the economic convergence of multi-national media conglomerates and the right to communicate. To do so, Dakroury offers substantial analyses of both the …

Roger Williams On Liberty Of Conscience, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.

Courtside, Paul M. Smith, Katherine A. Fallow, Daniel Mach, Aaron-Andrew P. Bruhl

Popular Media

No abstract provided.

Petition For Writ Of Certiorari, Bellecourt, Et Al., V. City Of Cleveland, 544 U.S. 1033, 125 S. Ct. 2271 (2005), Kevin Francis O'Neill, Terry H. Gilbert

Law Faculty Briefs and Court Documents

Deciding an important question of Federal Free Speech law, the Ohio Supreme Court has recognized a fire safety justification so easy to invoke that it may be used to punish virtually every instance of flag burning and effigy burning - thereby undercutting this Court's decision in Texas v. Johnson, and creating a question of first impression that requires this Court's review and correction.

Freedom Of The Press: How University Newspapers Have Fared In The Face Of Challenges From Students, Administrators, Advertisers, And State Legislatures, Lisa Bohman

Brigham Young University Education and Law Journal

No abstract provided.

The Continuing Saga Of Internet Censorship: The Child Online Protection Act, Martha Mccarthy

Brigham Young University Education and Law Journal

No abstract provided.

From Carlin's Seven Dirty Words To Bono's One Dirty Word: A Look At The Fcc's Ever-Expanding Indecency Enforcement Role, Faith Sparr

First Amendment Law Review

No abstract provided.

Protecting The Marketplace Of Ideas: The First Amendment And Public School Teachers' Classroom Speech, Emily Holmes Davis

First Amendment Law Review

No abstract provided.

Don't Fence Us In: A First Amendment Right To Freedom Of Assembly And Speech, Nicole C. Winnett

First Amendment Law Review

No abstract provided.

Juror Identities In High-Profile Trials: The Case For A First Amendment Right Of Access, Marcus M. Wilson Jr.

First Amendment Law Review

No abstract provided.

Getting Entangled In The Establishment Clause: Implications Of The Decision In Utah Gospel Mission V. Salt Lake City, Matthew A. Russell

First Amendment Law Review

No abstract provided.

Contents, First Amendment Law Review

First Amendment Law Review

No abstract provided.

Incarceration Of The Free Exercise Clause: The Sixth Circuit's Misstep In Cutter V. Wilkinson, James B. Mcmullin

Brigham Young University Journal of Public Law

No abstract provided.

Information Cascades And Mass Media Law, Steven Geoffrey Gieseller

First Amendment Law Review

No abstract provided.

Enemy Combatant Status Hearings: Predicting The Right Of Access By The Press And Public, Jeffrey S. Koweek

First Amendment Law Review

No abstract provided.