First Amendment Commons^™

Hess V. Indiana Revisited: A Panel Discussion With Case Participants (Video), Ralph F. Gaebler, Richard Vaughan

Maurer Law Events

On November 19th, 2004, a panel discussion was held in the Moot Court Room of the Indiana University-Bloomington School of Law. The topic of the discussion was the landmark United States Supreme Court case, Hess v. Indiana. The case is particularly relevant to the law school because two members of the faculty (Tom Schornhorst and Pat Baude) served as lawyers to the defendant Greg Hess. Additionally, the protest and arrest took place half a block from the law school in front of the University's administration building (Bryan Hall) in 1970.

Joining Professors Schornhorst and Baude on the panel are three …

The Pluralistic Foundations Of The Religion Clauses, Steven H. Shiffrin

Cornell Law Faculty Publications

Contemporary Supreme Court interpretations suggest that the religion clauses are primarily rooted in the value of equality. The United States Supreme Court has argued that in the absence of discrimination against religion (or the presence of other constitutional values), there is no violation of the Free Exercise Clause when a statute inadvertently burdens religion. Similarly, equality values have played a strong role in the Court's Establishment Clause jurisprudence. Many distinguished commentators have pointed to the equality focus and have argued that it gives insufficient attention to the value of religious liberty. Professor Shiffrin argues that these commentators are right in …

Defamation Law And Free Speech: Reynolds V. Times Newspapers And The English Media, Andrew T. Kenyon, David F. Partlett, Clive P. Walker, Russell L. Weaver

Vanderbilt Journal of Transnational Law

The common law of defamation cut the balance between speech and reputation decisively in favor of reputation and allowed for the imposition of significant damages against media outlets that defamed. For the last four decades, U.S. media outlets have been insulated against the common law rules by the United States Supreme Court's landmark decision in New York Times Co. v. Sullivan. Following Sullivan, Commonwealth countries clung steadfastly to common law rules and are only now beginning to modify the common law rules to provide speech and media protections. Rather than following Sullivan by adopting constitutional protections, however, Commonwealth courts have …

Introduction, Kevin J. Worthen

BYU Law Review

No abstract provided.

Religious Institutions, The No-Harm Doctrine, And The Public Good, Marci A. Hamilton

BYU Law Review

No abstract provided.

The Voluntary Principle And Church Autonomy, Then And Now, Thomas C. Berg

BYU Law Review

No abstract provided.

More Or Less Bunk: The Establishment Clause Answers That History Doesn't Provide, Steven G. Gey

BYU Law Review

No abstract provided.

Religious Liberty In America And Beyond: Celebrating The Legacy Of Roger Williams On The 400th Anniversary Of His Birth, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Scienter, Causation, And Harm In Freedom Of Expression Analysis: The Right Hand Side Of The Constitutional Calculus, Wilson Huhn

William & Mary Bill of Rights Journal

No abstract provided.

Challenging The Wisdom Of Solomon: The First Amendment And Military Recruitment On Campus, Clay Calvert, Robert D. Richards

William & Mary Bill of Rights Journal

No abstract provided.

Cross Burning, Hate Speech, And Free Speech In America, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.

The Policing Of Demonstrations In The Nation's Capital: Legislative And Judicial Corrections Of A Police Department's Misconception Of Mission And Failure Of Leadership, Ralph Temple

University of the District of Columbia Law Review

No abstract provided.

Presentation By Councilmember Kathy Patterson, Kathy Patterson

University of the District of Columbia Law Review

No abstract provided.

Demonstrations, Security Zones, And First Amendment Protection Of Special Places, Mary M. Cheh

University of the District of Columbia Law Review

No abstract provided.

Privacy Concerns Regarding The Monitoring Of Instant Messaging In The Workplace: Is It Big Brother Or Just Business?, Ira David

Nevada Law Journal

No abstract provided.

Introduction, Brett G. Scharffs

BYU Law Review

No abstract provided.

The Establishment Clause Gag Reflex, Frederick Mark Gedicks

BYU Law Review

Some outcomes of Establishment Clause cases are better defended on realist rather than doctrinal grounds - that is, not on the basis of supposedly neutral principles, but by reference to some assessment of the kinds of church-state interactions that most Americans would tolerate. I call this the Establishment Clause gag reflex.

A constitutional gag reflex refers to the instinctive intellectual revulsion one might feel in response to the doctrine or holding of a case. For example, a contemporary judicial decision countenancing permanent denial of citizenship to racial minorities, or that denied to such minorities liberty or equality rights enjoyed by …

Unity Of The Graveyard And The Attack On Constitutional Secularism, Steven G. Gey

BYU Law Review

No abstract provided.

The Supreme Court's Rhetorical Hostility: What Is "Hostile" To Religion Under The Establishment Clause?, Frank S. Ravitch

BYU Law Review

No abstract provided.

Lost In The Forest Of The Establishment Clause: Elk Grove V. Newdow, Todd Collins

Campbell Law Review

This article provides and in-depth examination of the Newdow case and High Court's opinion.

A Moderate Defense Of Hate Speech Regulations On University Campuses, W. Bradley Wendel

Cornell Law Faculty Publications

The regulation of hate speech on public and private university campuses is a fiercely contested and divisive issue. Professor Bradley Wendel defends the middle ground in this debate. This Essay argues that concerns about abuses of power by those in positions of authority are unfounded when an institution possesses greater expertise in a domain than the citizens who are affected by the institution’s decision, provided that the institution is acting on the basis of reasons that are shared by the affected individual.

Not For Attribution: Government's Interest In Protecting The Integrity Of Its Own Expression, Helen L. Norton

Faculty Scholarship

Public entities increasingly maintain that the First Amendment permits them to ensure that private speakers’ views are not mistakenly attributed to the government. Consider, for example, Virginia’s efforts to ban the Sons of Confederate Veterans’ display of the Confederate flag logo on state-sponsored specialty license plates. Seeking to remain neutral in the ongoing debate over whether the Confederate flag is a symbol of “hate” or “heritage,” Virginia argued that the state would be wrongly perceived as endorsing the flag if the logo appeared on a state-issued plate adorned by the identifier “VIRGINIA.” The Fourth Circuit was unpersuaded, holding that the …

Filtering Software In Public Libraries: Traditional Collection Decision Or Congressionally Induced First Amendment Violation?, Christopher Harne

Mercer Law Review

In United States v. American Library Ass'n, the United States Supreme Court held that filtering provisions of the Children's Internet Protection Act ("CIPA" or "Act") are constitutional and are a valid exercise of Congress's spending power because they do not induce public libraries to violate their patrons' First Amendment rights. The Court also held that CIPA does not place unconstitutional conditions upon public libraries' receipt of federal funding.

American Conversations With(In) Catholicism, Richard W. Garnett

Michigan Law Review

The jacket photo for John T. McGreevy's Catholicism and American Freedom is striking. In the foreground, a young and vigorous Pope John Paul II, censer in hand, strides across an altar platform on the Mall in Washington, D.C. His attention is fixed off-camera, presumably at the altar he is about to reverence with incense. At the bottom of the picture, gathered around and below the platform, sits a grainy group of mitre-wearing bishops. Looming directly over the scene, in the background yet dominating the photograph, is the towering dome of the U.S. Capitol Building. This picture is worth many thousand …

The Menace Of Neutrality In Religion, Gabriel A. Moens

BYU Law Review

No abstract provided.

The Media At The Tip Of The Spear, Kevin A. Smith

Michigan Law Review

Due largely to the first widespread availability of the telegraph, through which breaking stories could be transmitted to the presses in moments, the debut of the American war correspondent occurred during the Civil War. From their beginning, American war correspondents have frequently "embedded" with the troops on whom they reported. General Grant, for example, allowed his favorite New York Herald reporter to travel with his entourage, and even used him as a personal messenger. Reporters proved an important component of the war effort for both the North and the South. Papers on both sides proved willing providers of propaganda to …

The Banality Of Evil And The First Amendment, W. Bradley Wendel

Michigan Law Review

In the late spring and early summer of 1994, hundreds of thousands of people in Rwanda - an estimated ten percent of the population - were brutally murdered by their fellow citizens, generally for the "crime" of belonging to the socially and economically dominant, but numerically minority Tutsi ethnic group. The slaughter followed a systematic propaganda campaign coordinated by the Rwandan government, dominated by members of the Hutu ethnic group, who had long harbored grievances against Tutsis. The campaign demonized Tutsis as "devils," stirred up fear among the largely rural and poor Hutu population by propagating false information about a …

Forfeiting Liberty: A Collective Sense Of Vulnerability And The Need For Proactive Protection After 9/11, Ally Hack

Cardozo Public Law, Policy & Ethics Journal

The note argues that the post-9/11 era has seen a significant erosion of civil liberties, particularly for Arab-Americans and Muslims, drawing parallels to historical episodes of national fear and paranoia, such as Japanese internment during World War II and McCarthyism. It contends that the U.S. response to the attacks, including the expansion of surveillance and detention powers under the USA PATRIOT Act, threatens First Amendment rights and democratic values. The analysis emphasizes the importance of protecting civil liberties and maintaining open debate, even during times of crisis, to ensure a stable and just society.

The United States Constitution's First Amendment Vs. The Canadian Charter Of Rights And Freedoms: A Comparative Analysis Of Obscenity And Pornography As Forms Of Expression, Justin A. Giordano

North Carolina Central Law Review

No abstract provided.

The Need For A Two (Or More) Tiered First Amendment To Provide For The Protection Of Children, Kevin W. Saunders

Chicago-Kent Law Review

This Article addresses the two sorts of problems raised by Professor Etzioni, while also responding to the earlier articles in this Symposium. With regard to the spillover effect, the author argues that there are ways to limit the effect on adults of restrictions designed to protect children, even on the Internet. Furthermore, some spillover effect is allowed and may leave open the possibility of protecting children from tobacco or alcohol advertisements. The Article also addresses areas in which material has been seen as protected even for children. While agreeing that depictions of violence pose an important problem, the Article also …