First Amendment Commons^™

Perdon, Si Es Que Te He Faltado: Retractaciones En Casos De Difamacion, 68 Rev. Jur. U.P.R. 635 (1999), Alberto Bernabe

UIC Law Open Access Faculty Scholarship

No abstract provided.

Local Government Land Use Restrictions And Selected First Amendment Issues, Barbara Jo Nelson

LLM Theses and Essays

A local government's power to enact zoning regulations falls within the general power to provide for the health, safety, and welfare of its citizenry. This thesis addresses a few selected First Amendment issues as they apply to zoning and land use restrictions in Georgia. Free speech review of zoning ordinances applies to zoning for adult sex businesses, such as adult book stores and cinemas. The First Amendment balancing test that is applicable to adult entertainment ordinances is discussed in Chapter One. The free speech impact of restrictions on signs and billboards is discussed in Chapter Two. Finally, in Chapter Three, …

Tax Exemptions And The Establishment Clause, Erika Lietzan

Faculty Publications

Churches are exempted from a variety of taxes collected by the various levels and jurisdictions of government in the United States. For instance, they are almost always exempt from payment of property tax at the local level and from payment of income tax to both state and federal government. They are often exempt from payment of state sales tax on the products they sell. A person making a contribution to a religious organization is usually entitled to deduct the contribution from his income when calculating both his state and his federal income taxes at the end of the taxable year. …

Five Modern Notions In Search Of An Author: The Ideology Of The Intimate Society In Constitutional Speech Law, Marie Failinger

Faculty Scholarship

In this article, drawing heavily on the work of sociologist Richard Sennett, the author argues that the Court’s jurisprudence lends credence to, and exacerbates, five damaging “common sense” notions about American public social life: that public space and time are naked or empty, and can be imagined as no more than transportation tunnels or even the binoculars of a voyeur, as illustrated by the public forum doctrine; that massed acts of public communication, or “speech crowds” are dangerous and must be controlled by force, as the public forum and “clear and present danger” doctrines suggest; that “shadow” space for deviant …

Disentangling The Law Of Public Protest, Kevin F. O'Neill

Law Faculty Articles and Essays

The purpose of this Article is to alleviate the confusion that so frequently surrounds the law of public protest. Much of that confusion can be avoided, when analyzing a given case, by zeroing in on who is regulating the speech in question. There are four regulatory players, who act in four distinct settings: restrictions enacted by legislative bodies, the issuance of permits and fees by government administrators, speech-restrictive injunctions imposed by the judiciary, and the influence of police as a regulatory presence on the street. Discrete lines of precedent attend each of these players. Legislators and judges, for example, are …

Building Castles Made Of Glass—Security On The Internet, Joe Baladi

University of Arkansas at Little Rock Law Review

No abstract provided.

Commercial Speech, Professional Speech, And The Constitutional Status Of Social Institutions, Daniel Halberstam

Articles

Current First Amendment analysis lacks a coherent view of speech in the professions. Classic cases address the street-comer orator, lone pamphleteer, newspaper editor, broadcaster, cable operator, public employee, grant recipient, vendor, corporation, and, most recently, Internet content provider. And an abundance of theory accompanies these speakers along the way. Although some of these actors may be professionals, both theory and practice generally meet their roles as members of a profession with silence. Despite the century-old recognition of the regulation of professions, we still have, for example, no paradigm for the First Amendment rights of attorneys, physicians, or financial advisers when …

Click Here: Web Links, Trademarks And The First Amendment, Christopher E. Gatewood

Richmond Journal of Law & Technology

The World Wide Web has experienced rapid growth during the 1990s, with millions of publishers adding diverse opinions, objectives and page content. The main programming feature that has kept this network of networks from becoming a twisted thicket of web-sites is the hyperlink. These links guide users across the Web by creating connections from page to page and site to site, allowing a reader to follow tangential paths to whatever it is the Web has to offer her. Links provide connections within a site and are also used constantly to travel from one publisher's site to another. Because the linking …

Law And The Ideal Citizen, Lee C. Bollinger

Faculty Scholarship

The theme identified for this lecture series is the subject of responsibility. I assume Washington and Lee has selected that topic out of a sense that it has not received sufficient attention, as compared, for example, to the subject of "rights." I select "rights" as the counter-example because we often hear of the two in tandem – "rights and responsibilities." As such, the concept of responsibility connotes a sense of obligation as to what is due from us to others and to the community. It is, in that sense, easier to be in favor of rights than it is of …

Antidiscrimination Laws & Artistic Expression, Steven H. Shiffrin, Gregory R. Smith

Cornell Law Faculty Publications

Some Realistic Thinking About Secular Effects, Paul E. Salamanca

Law Faculty Scholarly Articles

Notwithstanding complaints about incoherence in Establishment Clause doctrine, courts by and large administer the Clause responsibly. They do so by mediating between a number of powerful considerations, none of which can ever be entirely disregarded. These considerations include, but are not limited to, separation of church and state, the value of religiosity, the imperative of affording equal treatment to religious and similarly situated nonreligious entities, and the proper role of courts in a democratic political system. This is not to say that courts cannot overstep their bounds and provoke an adverse reaction from other powerful elements within the polity. It …

Regionalism And The Religion Clauses: The Contribution Of Fisher Ames, Marc Arkin

Faculty Scholarship

On August 20, 1789, Massachusetts Federalist Fisher Ames rose to address the House of Representatives in one of his rare contributions to the debate on the Bill of Rights. 1 The day before, sitting as a Committee of the Whole, the House had concluded its brief discussion of the proposed religion amendment to the federal Constitution by agreeing to New Hampshire Representative Samuel Livermore's formula that "Congress shall make no laws touching religion, or infringing the rights of conscience." 2 Now, on the 20th, before the House could formally adopt Livermore's language, Representative Ames proposed a different wording. He moved …

What's Wrong With This Picture?: The National Endowment For The Arts And The "Decency And Respect" Standard, Lillian M. Spiess

Touro Law Review

No abstract provided.

"Finley, Forbes And The First Amendment: Does He Who Pays The Piper Call The Tune?, Joel M. Gora

Touro Law Review

No abstract provided.

The Establishment Clause And Government Religious Displays: The Court That Stole Christmas, Jennifer H. Greenhalgh

Touro Law Review

No abstract provided.

Silencing The Past: Public Monuments And The Tutelary State, Sanford Levinson

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Right To Know?: Delimiting Database Protection At The Juncture Of The Commerce Clause, The Intellectual Property Clause And The First Amendment, Malla Pollack

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Art, Distribution & The State: Perspectives On The National Endowment For The Arts, Amy Schwartzman, John Tuskey, Robert W. Peters, Hope O'Keeffe, Roberto Bedoya, David Cole, Marci Hamilton

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Liberty Of Expression In Ireland And The Need For A Constitutional Law Of Defamation, Sarah Frazier

Vanderbilt Journal of Transnational Law

Judicial and constitutional conservatism have allowed Irish defamation law to remain remarkably close to its English common law origins. But the common law of defamation was not designed for a modem democracy with a free press, and Ireland's libel laws have a profound effect upon freedom of expression. If Ireland is to be a modern democracy, as its constitution asserts that it is, and the European Convention on Human Rights demands, it must protect a core area of free expression in order to allow the press (without the fear of repercussion) to keep the public informed about matters of concern. …

Rice V. Paladin Enterprises, Inc.: Does The First Amendment Protect Instruction Manuals On How To Commit Murder, Emma Dailey

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Newsgathering After The Death Of A Princess: Do American Laws Adequately Punish And Deter Newsgathering Conduct That Places Individuals In Fear Or At Risk Of Bodily Harm, Alissa Eden Halperin

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

From Yoder To Yoda: Traditional, Modern And Postmodern Models Of Religion In U.S. Constitutional Law, Rebecca Redwood French

Journal Articles

No abstract provided.

Commentaries, Thomas Christiano

Cardozo Journal of International and Comparative Law

Symposium: Cannibal Democracies: Human Rights and Democracy in Turkey

Pledges, Parades, And Mandatory Payments, Leslie Gielow Jacobs

McGeorge School of Law Scholarly Articles

This Article examines the Supreme Court's treatment of compelled expression cases. It sets forth the speech restraint framework by describing the crucial determinations guiding judicial analysis. It then explains the current results, reasoning, and incoherence of the compelled expression cases. This Article isolates and evaluates the variables that the Court claims are significant to compelled expression analysis. It then adjusts the variables according to the free speech clause values evident in speech restraint analysis to create a coherent doctrine of compelled expression. This doctrine both places past cases within a consistent framework and provides a structure for evaluating future compelled …

Yet Another Fox In The Hen House: Government Protection Of Artistic Expression Within Privately Owned Public Spaces, David Rudenstine

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Voyeurism Value In First Amendment Jurisprudence, Clay Calvert

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Finley, Forbes And The First Amendment: Does He Who Pays The Piper Call The Tune?, Joel Gora

Faculty Scholarship

No abstract provided.

Nea V. Finley: A Decision In Search Of A Rationale, Lackland H. Bloom Jr.

Faculty Journal Articles and Book Chapters

Debate has raged over whether Congress can constitutionally restrict, or at least influence, the ability of the National Endowment for the Arts (“NEA”) to award grants to artists and institutions for the creation or display of art work that a significant segment of the public would consider highly offensive. In the October 1997 Term, the Supreme Court, by an 8-1 margin in NEA v. Finley, upheld section 954(d), a 1991 congressional amendment to the NEA Act that requires the Chairperson of the NEA to ensure that, in establishing regulations and procedures for assessing artistic excellence and artistic merit, “general standards …

Galileos Or Grave Robbers? Science, The Native American Graves Protection And Repatriation Act, And The First Amendment, Michelle Hibbert

American Indian Law Review

No abstract provided.

"Land Is Itself A Sacred, Living Being": Native American Sacred Site Protection On Federal Public Lands Amidst The Shadows Of Bear Lodge, Joel Brady

American Indian Law Review

No abstract provided.