First Amendment Commons^™

The Constitutionality Of Mandatory Public School Community Service Programs, Rodney A. Smolla

Law Faculty Publications

Proposals for public service programs have long had currency in America, and may be gaining a certain millennium momentum in current public debate. While proposals for national public service programs of varying ambition and scope continue to be debated, at the local level a growing number of U.S. public school districts are implementing community service programs for high school students. Community service programs generally require students to complete a specified number of hours of service as a condition for graduation. In a typical program, a student may be required to complete forty to sixty hours of community service with organizations …

Coercion, Pop-Psychology, And Judicial Moralizing: Some Proposals For Curbing Judicial Abuse Of Probation Conditions, Andrew Horwitz

Law Faculty Scholarship

No abstract provided.

Parental Liability And The Criminal Misconduct Of Children In The Wake Of An Unregulated Internet: Who Should Pay?, Katherine R. Richardson

Cardozo Journal of Equal Rights & Social Justice

The note examines the legal and practical challenges of holding parents accountable for their children's criminal acts, particularly when influenced by internet content. It questions the effectiveness of parental liability laws and highlights the tension between child protection, parental rights, and internet regulation. While acknowledging the complexity of these issues, the note suggests that parental liability should only apply when a clear causal link exists between negligence and harm, though proving such a link is legally challenging. Ultimately, the analysis advocates for a nuanced approach to balancing these competing interests.

The Tobacco Industry And The First Amendment - An Analysis Of The 1998 Master Settlement Agreement, Lori Ann Luka

Journal of Law and Health

This Note discusses and assesses the Government's likelihood of passing constitutional scrutiny with the Master Settlement Agreement's restrictions in light of the First Amendment case law. A majority of the restrictions will likely pass constitutional scrutiny because they meet the demanding requirements of Central Hudson and its progeny. The author believes that a few of the restrictions need to be more narrowly tailored in order to pass constitutional scrutiny. Suggestions on how to narrowly tailor the restrictions to comport with Central Hudson are proffered by the author. Section II provides an overview of the history of First Amendment commercial speech …

Antitrust Immunity, The First Amendment & Settlements: Defining The Boundaries Of The Right To Petition, Raymond Shih Ray Ku

Faculty Publications

Specifically, this Article examines whether settlement agreements and consent decrees resulting from what would otherwise be immunized litigation are protected from antitrust scrutiny and liability under Noerr. In order to conduct this analysis, this Article develops a methodology for determining immunity by focusing the immunity examination upon the means used to petition government and the source of the alleged injuries. Ultimately, private conduct is immune from antitrust scrutiny when it represents a valid attempt to persuade an independent governmental decision-maker in an effort to solicit government action, and the alleged injuries result from that persuasive effort. The validity of any …

Constitutional Law: Vouchers, Sectarian Schools, And Constitutional Uncertainty: Choices For The Unites States Supreme Court And The States, Catharine V. Ewing

Oklahoma Law Review

No abstract provided.

Foreword, L. Katherine Murray

University of Richmond Law Review

The University ofRichmond Law Review is pleased to present the seventh annual Allen ChairSymposium issue. Through the generous support of the friends and family of George E. Allen, the annual symposium series provides a forum for discussion of legal issues of national and international significance. This issue ofthe Law Review is the literary complement to the symposium presentations.

I Spy: The Newsgatherer Under Cover, Diane Leenheer Zimmerman

University of Richmond Law Review

Hysteria about the press, like the flu, breaks out periodically, and when it does, few of us are better off for having lived through the experience. We are currently on what I sincerely hope will prove to be the receding edge of the latest epidemic ofpublic outrage about the press, and, as usual, the frenzied state has not brought out the best in either the media or its critics.

Our Imperial First Amendment, Paul D. Carrington

University of Richmond Law Review

I come to the First Amendment not as a member of the cogno- scenti, but as an observer of the secondary effects on judicial institutions of some interpretations of the Amendment made over the last thirty-five years or so. I deplore those specific effects and I will be direct in saying so. But in considering them, I have been struck by the extent of the federal courts' progress in subordinating to their own governance a wide range of other issues of great concern to citizens, all in the name of the First Amendment, a text intended to foster democratic institutions.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

What Passes For Policy And Proof In First Amendment Litigation?, Rodney A. Smolla

University of Richmond Law Review

In this Allen Chair Symposium issue of the University of Richmond Law Review, three outstanding scholars have written provocative pieces on the First Amendment. Professor John Nowak engages in an exercise of constitutional futurism, "'remembering the future" to propose a number of relatively radical alterations of First Amendment doctrine to achieve what he argues should be the appropriate balance between freedom of speech and fair trials in "cyber world." Professor Paul Carrington, arguing that a communitarian right of citizens to self-government is the principal that ought to animate our politics and law, has launched a broadside indictment against contemporary First …

Religion/Religions In The United States: Changing Perspectives And Prospects, Stephen J. Stein

Indiana Law Journal

Symposium: Religious Liberty at the Dawn of a New Millennium held at Indiana University School of Law-Bloomington on April 9, 1999.

You Can't Always Get What You Want: Government's Good Intentions V. The First Amendment's Prescribed Freedoms In Protecting Children From Sexually-Explicit Material On The Internet, Abbigale E. Bricker

Richmond Journal of Law & Technology

Once a small and diverse community of a handful of government computers, the Internet has expanded to an estimated 157 million users worldwide. According to current studies, the fastest growing user populations on the Internet are thirteen to eighteen year-olds and five to twelve year-olds. In addition, the latest "research . . . predicts that the number of children online [will increase] by 155% between 1998 and 2002."

The Value Of Dissent, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

This essay reviews Dissent, Injustice, and the Meanings of America by Steven H. Shiffrin (1999).

Theorizing about the freedom of speech has been a central enterprise of contemporary legal scholarship. The important contributions to the debate are simply far too numerous to categorize. One ambition of this theorizing is the production of a comprehensive theory of the freedom of expression, a set of consistent normative principles that would explain and justify First Amendment doctrine. Despite an outpouring of scholarly effort, the consensus is that free speech theory has failed to realize this imperial ambition. Rather than searching for the global …

Examined Lives: Informational Privacy And The Subject As Object, Julie E. Cohen

Georgetown Law Faculty Publications and Other Works

In the United States, proposals for informational privacy have proved enormously controversial. On a political level, such proposals threaten powerful data processing interests. On a theoretical level, data processors and other data privacy opponents argue that imposing restrictions on the collection, use, and exchange of personal data would ignore established understandings of property, limit individual freedom of choice, violate principles of rational information use, and infringe data processors' freedom of speech. In this article, Professor Julie Cohen explores these theoretical challenges to informational privacy protection. She concludes that categorical arguments from property, choice, truth, and speech lack weight, and mask …

Supreme Court Section 1983 Developments: October 1998 Term, Martin A. Schwartz

Touro Law Review

No abstract provided.

Table Dancing Around The First Amendment: The Constitutionality Of Distance Requirements In Colacurcio V. City Of Kent, Jenna Doviak

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Protect The Press: A First Amendment Standard For Safeguarding Aggressive Newsgathering, Erwin Chemerinsky

University of Richmond Law Review

Few occu.pations or professions rank lower than reporters in public esteem. In July 1999, Justice Stephen Breyer participated as a panelist at the Ninth Circuit Judicial Conference and was challenged by Associated Press reporter Linda Deutsch about the absence of cameras in the Supreme Court. Justice Breyer explained that the Court did not want to risk its relatively high level of public esteem by placing itself on television. Justice Breyer noted the lack of respect for the media and said that the Court did not want to see its esteem ratings lowered to that of the press.

Ride-Alongs, Paparazzi, And Other Media Threats To Privacy, Robert M. O'Neil

University of Richmond Law Review

When the Supreme Court first addressed the status of "ride- alongs" in late May of this year, the role of the news media could have been treated in any of several ways. The law enforcement officers, who were sued for invasion of privacy because they invited reporters to accompany them while serving an arrest warrant in a private home, offered several extenuations. The presence of journalists, they argued, would provide direct information to the general public about important news events. Moreover, reporters who took part in the arrest could, in a sense, keep the police honest, or at least make …

Vouchers And Beyond: The Individual As Causative Agent In Establishment Clause Jurisprudence, Laura S. Underkuffler

Cornell Law Faculty Publications

No abstract provided.

Reporting On Child Pornography: A First Amendment Defense For Viewing Illegal Images?, Clay Calvert, Kelly Lyon

Kentucky Law Journal

No abstract provided.

School Choice, The First Amendment, And Social Justice, Nicole Stelle Garnett, Richard W. Garnett

Journal Articles

This Article is intended to be a primer on the legality and morality of educational choice—"School Choice in a Nutshell," if you will. We are resigned to being pre-empted by the tireless work of grassroots activists, the choices of voters, and the decisions of judges. Still, we hope, in somewhat polemical fashion, to establish two basic claims. First, school choice, properly understood, is constitutional. And second, school choice is both sensible and just.

In the end, we believe "school choice . . . is essential to achieving equality of opportunity for American children, rich or poor. School choice treats the …

The Primacy Of Political Actors In Accommodation Of Religion, William K. Kelley

Journal Articles

This article focuses on the relationship between freedom of religion and the norm against non-establishment of religion in the context of government efforts to accommodate religious practices. It analyzes First Amendment doctrine in this area, and concludes that the Supreme Court has consistently been generous in permitting accommodations of religion when they are the product of judicial decisions; in other words, at least until recently the Court has been open to mandatory accommodations so long as they are ordered by judges. By contrast, the Court has long been suspicious of - and far from generous in permitting - accommodations as …

Video Voyeurism, Privacy, And The Internet: Exposing Peeping Toms In Cyberspace, Clay Calvert, Justin Brown

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Towards A Defensible Free Exercise Doctrine, Frederick Mark Gedicks

Faculty Scholarship

Almost from the moment that the Supreme Court abandoned the religious exemption doctrine in Employment Division v. Smith, its defenders have worked to bring it back. More than a decade later, however, Smith remains well-entrenched; not only has the Court confirmed Smith's basic holding, but it also struck the Religious Freedom Restoration Act, Congress's first effort to restore the exemption doctrine, at least as it applied to the states.

Proponents of religious exemptions cannot ignore the hard truth that they can no longer be defended. During the nineteenth and early twentieth centuries, American society viewed the practice of religion-mostly Christian …

A Rough And Narrow Path: Preserving Native American Religious Liberty In The Smith Era, John Celichowski

American Indian Law Review

No abstract provided.

Dissent, Free Speech, And The Continuing Search For The "Central Meaning" Of The First Amendment, Ronald J. Krotoszynski Jr.

Michigan Law Review

Since the Warren Court's expansive construction of the Free Speech Clause of the First Amendment, there has been no shortage of legal scholarship aimed at justifying the remarkably broad protections afforded the freedom of speech under landmark cases such as Brandenburg v. Ohio, New York Times Co. v. Sullivan, and Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc. At the same time, in recent years, a growing chorus of free speech skeptics have made their voices heard.5 These legal scholars have questioned why a commitment to freedom of expression should displace other (constitutional) values such as equality, …

The Importance Of Being Biased, Anthony M. Dillof

Michigan Law Review

The war against bias crimes is far from finished. In contrast, the battle over bias-crime laws is largely over. Bias-crime laws, as commonly formulated, increase the penalties for crimes motivated by bias. The Supreme Court has held that such laws do not violate the First Amendment. Virtually every state has enacted some sort of biascrime law. Even the federal government, which may consider itself without power to enact a general bias-crime law, has made bias a sentence-aggravating factor for the range of federal criminal offenses. Bias-crime laws thus are an established feature of the legal landscape. Against this background, Frederick …

Life On Campus Really Ain't So Bad, Avern Cohn

Michigan Law Review

The Shadow University is a highly tendentious account of Alan Charles Kors and Harvey A. Silverglate's view of academic and student life in America's colleges and universities over the last twenty years. Kors and Silverglate see these colleges and universities turning from promoting personal and academic freedom to suppressing open expression and denying basic liberties to students and faculty alike. To make their point, they have scoured college and university campuses from coast to coast to find incidents involving student speech code violations, as well as student and faculty discipline and misbehavior proceedings. They also examine multicultural and diversity programs …

Comparison Between Freedom Of Religion In Germany And In The United States In General And The Treatment Of The Church Of Scientology Specifically, Wolfgang Eichele

LLM Theses and Essays

The thesis first gives background information about the general development of fundamental rights in both Germany and the United States and specifically the freedom of religion. The analysis discusses in particular freedom of religion granted by Article 4 of the Basic Law in Germany and the religious clauses of the First Amendment of the American Constitution. In the first conclusion, the differences in the interpretations of the religious clauses both in Germany and the United States will be stated. These differences will then be illustrated by a discussion on the Church of Scientology through its basic facts, history, ideas, and …