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Articles 6391 - 6420 of 7934

Full-Text Articles in First Amendment

The Constitutionality Of Lobby Reform: Implicating Associational Privacy And The Right To Petition The Government, Steven A. Browne Feb 1995

The Constitutionality Of Lobby Reform: Implicating Associational Privacy And The Right To Petition The Government, Steven A. Browne

William & Mary Bill of Rights Journal

Lobbyists currently are required to register and report to the United States Congress under the Federal Regulation of Lobbying Act of 1946. Because of poor draftsmanship, the 1946 Act actually covers few lobbyists and is not enforced by the federal government. One recent federal bill attempts to reform lobbying registration by addressing the inadequacies of the current law. If enacted, this bill might be challenged as an impediment to First Amendment rights. Any attempt at lobby reform implicates the First Amendment right to petition the government and the right of associational privacy. These issues have been analyzed by state and …


Levin, Jeffries, And The Fate Of Academic Autonomy, Nathan Glazer Feb 1995

Levin, Jeffries, And The Fate Of Academic Autonomy, Nathan Glazer

William & Mary Law Review

No abstract provided.


Interpretation And Interdependence: How Judges Use The Avoidance Canon In Separation Of Powers Cases, Brian C. Murchison Jan 1995

Interpretation And Interdependence: How Judges Use The Avoidance Canon In Separation Of Powers Cases, Brian C. Murchison

Scholarly Articles

None available.


Freedom Of Speech And Press Jan 1995

Freedom Of Speech And Press

Touro Law Review

No abstract provided.


Turner Broadcasting System, Inc. V. Fcc: The Supreme Court Establishes A Standard Of Review For First Amendment Issues Involving Cable Litigation, Kathryn Seagle Robbie Jan 1995

Turner Broadcasting System, Inc. V. Fcc: The Supreme Court Establishes A Standard Of Review For First Amendment Issues Involving Cable Litigation, Kathryn Seagle Robbie

St. Thomas Law Review

No abstract provided.


Pulling The Plug: Controversial Programming On Public Access Television And The Cable Television Consumer Protection And Competition Act Of 1992, 28 J. Marshall L. Rev. 399 (1995), Bradley J. Howard Jan 1995

Pulling The Plug: Controversial Programming On Public Access Television And The Cable Television Consumer Protection And Competition Act Of 1992, 28 J. Marshall L. Rev. 399 (1995), Bradley J. Howard

UIC Law Review

No abstract provided.


A Nation Of Robots - The Unconstitutionality Of Public School Uniform Codes, 28 J. Marshall L. Rev. 645 (1995), Alyson Ray Jan 1995

A Nation Of Robots - The Unconstitutionality Of Public School Uniform Codes, 28 J. Marshall L. Rev. 645 (1995), Alyson Ray

UIC Law Review

No abstract provided.


Eye On Justice, Roger J. Miner '56 Jan 1995

Eye On Justice, Roger J. Miner '56

Legal History

No abstract provided.


The Structure Of The Religious Liberty Guarantee, Robert A. Destro Jan 1995

The Structure Of The Religious Liberty Guarantee, Robert A. Destro

Scholarly Articles

No abstract provided.


Abortion Counseling As Vice Activity: The Free Speech Implications Of Rust V. Sullivan And Planned Parenthood V. Casey, Christina E. Wells Jan 1995

Abortion Counseling As Vice Activity: The Free Speech Implications Of Rust V. Sullivan And Planned Parenthood V. Casey, Christina E. Wells

Faculty Publications

Part I of this article discusses the Court's opinions in Rust and Casey. It first demonstrates that the driving force in both decisions was the Court's characterization of abortion counseling as an activity rather than as speech. Part I further discusses the speech/conduct distinction in First Amendment jurisprudence and demonstrates that abortion counseling falls on the speech side of that distinction. Parts II and III suggest that the real cause of the conflation of speech and conduct in Rust and Casey was the confluence of (1) the reemergence of reasoning found in a curious commercial speech decision -- Posadas de …


Of Markets And Media: The First Amendment, The New Mass Media And The Political Components Of Culture, Ashutosh Bhagwat Jan 1995

Of Markets And Media: The First Amendment, The New Mass Media And The Political Components Of Culture, Ashutosh Bhagwat

Faculty Scholarship

No abstract provided.


A Restatement Of The Supreme Court's Law Of Religious Freedom: Coherence, Conflict Or Chaos?, Carl H. Esbeck Jan 1995

A Restatement Of The Supreme Court's Law Of Religious Freedom: Coherence, Conflict Or Chaos?, Carl H. Esbeck

Faculty Publications

Religious freedom as guaranteed in the First Amendment makes religious pluralism more likely, while pluralism makes the maintenance of religious freedom as a fundamental civil right more necessary. It seems there is a limit, however, to the expansion of America's religious pluralism that, when exceeded, shatters cultural consensus thus rendering impossible the political and civil discourse necessary to sustain democratic institutions.1 This follows because pluralism promises freedom but exacts a price in civic disunity and moral confusion. The question thereby resolves itself into just how a religiously diverse people are to live together, despite their deepest differences, while sharing in …


Anonymous Campaign Literature And The First Amendment, Erika Lietzan Jan 1995

Anonymous Campaign Literature And The First Amendment, Erika Lietzan

Faculty Publications

Presently, forty-eight states and the District of Columbia have statutes that require the disclosure of some party's identity (for example, an author or a sponsor) on political literature pertaining to elections. The most common explanations given for these statutes are that they deter fraud and libel in the election arena and that they provide valuable information to the voters. Because these statutes regulate core political speech, however, they necessarily implicate the First Amendment to the United States Constitution. Although campaign disclosure laws have been both struck down and sustained by state courts reviewing appealed convictions, the decisions have been disappointingly …


Counter-Demonstration As Protected Speech: Finding The Right To Confrontation In Existing First Amendment Law, Kevin F. O'Neill, R. Vasvari Jan 1995

Counter-Demonstration As Protected Speech: Finding The Right To Confrontation In Existing First Amendment Law, Kevin F. O'Neill, R. Vasvari

Law Faculty Articles and Essays

Accordingly, this Article is aimed at disentangling lines of precedent that are all too frequently entwined by urging an analysis of public protest cases that distinguishes among the four regulatory players. Thus, this Article devotes separate sections to the regulatory roles of legislators,16 administrators,17 judges,18 and police,19 with an introductory section on the doctrinal bedrock in this field: the public forum doctrine.20


Campus Speech Codes: The Threat To Liberal Education, 27 J. Marshall L. Rev. 709 (1994), Stephen Fleischer Jan 1995

Campus Speech Codes: The Threat To Liberal Education, 27 J. Marshall L. Rev. 709 (1994), Stephen Fleischer

UIC Law Review

No abstract provided.


Workplace Censorship: A Response To Professor Sangree, Kingsley R. Browne Jan 1995

Workplace Censorship: A Response To Professor Sangree, Kingsley R. Browne

Law Faculty Research Publications

No abstract provided.


Rhetoric, Evidence, And Bar Agency Restrictions On Speech By Attorneys, Lloyd B. Snyder Jan 1995

Rhetoric, Evidence, And Bar Agency Restrictions On Speech By Attorneys, Lloyd B. Snyder

Law Faculty Articles and Essays

There are two problems with permitting litigation about attorney speech to proceed without requiring bar disciplinary agencies to present empirical data or other evidence to support claims that restrictions on attorney speech are necessary. First, the history of bar association restrictions on attorney speech should make us skeptical that the bar rules are based on lofty ideals about protection of the public. The restrictions began as rules promulgated by elite corporate lawyers whose effect was to limit the activities of their less affluent brethren who were representing criminal defendants and other impoverished clients. The purpose of the rules was to …


The Lottery In United States V. Edge Broadcasting Co.: Vice Or Victim Of The Commercial Speech Doctrine, Laura J. Schiller Jan 1995

The Lottery In United States V. Edge Broadcasting Co.: Vice Or Victim Of The Commercial Speech Doctrine, Laura J. Schiller

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.


The First Amendment And The National Information Infrastructure, Fred H. Cate Jan 1995

The First Amendment And The National Information Infrastructure, Fred H. Cate

Articles by Maurer Faculty

What the First Amendment status of electronic information should be is a fundamental question which must be addressed in any attempt to arrive at appropriate legal standards to protect the multifarious interests of the users of cyberspace. Yet, despite its importance, the First Amendment has largely been ignored in the debate surrounding what sort of legal framework should control the emerging National Information Infrastructure. Professor Cate surveys the current terrain of First Amendment jurisprudence and describes the different analytical approaches which may be taken. Doctrinal anomalies such as the law of common carriage indicate that at times the courts have …


The Religious Freedom Restoration Act: The Constitutional Significance Of An Unconstitutional Statute, Daniel O. Conkle Jan 1995

The Religious Freedom Restoration Act: The Constitutional Significance Of An Unconstitutional Statute, Daniel O. Conkle

Articles by Maurer Faculty

This article addresses the constitutionality and the constitutional significance of the Religious Freedom Restoration Act of 1993 (RFRA), through which Congress, relying on Section 5 of the 14th Amendment, attempted to repudiate the Supreme Court's restrictive interpretation of the Free Exercise Clause, as announced in Employment Division v. Smith, and to adopt in its place a more generous regime of religious freedom. The article advances two major propositions. First, it contends that despite the Act's noble purpose, RFRA circumvents the process of constitutional amendment, frustrates the Supreme Court's role as the primary interpreter of the Constitution, and improperly intrudes on …


The Death Of Graduation Prayer: The Parrot Sketch Redux, J. Alexander Tanford Jan 1995

The Death Of Graduation Prayer: The Parrot Sketch Redux, J. Alexander Tanford

Articles by Maurer Faculty

No abstract provided.


Adding Complexity To Confusion And Seeing The Light: Feminist Legal Insights And The Jurisprudence Of The Religion Clauses, Leslie Gielow Jacobs Jan 1995

Adding Complexity To Confusion And Seeing The Light: Feminist Legal Insights And The Jurisprudence Of The Religion Clauses, Leslie Gielow Jacobs

McGeorge School of Law Scholarly Articles

No abstract provided.


Public Institutions Of Culture And The First Amendment: The New Frontier, Lee C. Bollinger Jan 1995

Public Institutions Of Culture And The First Amendment: The New Frontier, Lee C. Bollinger

Faculty Scholarship

The general subject of my lecture today is the relationship between the First Amendment and public institutions of culture, which I take to be those sponsored and supported by the state with the clear purpose of preserving and promoting high culture in the United States. These include universities, museums, theaters, libraries, public broadcasting networks, programs for art in public places, and the national endowments for the arts and the humanities. All of these institutions or programs are vested with the responsibility of insuring the preservation of high human achievement in the areas to which they are devoted (knowledge, art, music, …


Defending Pornography: Free Speech & The Fight For Women’S Rights, Nadine Strossen Jan 1995

Defending Pornography: Free Speech & The Fight For Women’S Rights, Nadine Strossen

Books

The newest attacks on the First Amendment and on free expression have come from a vocal and influential segment of the feminist movement that has launched a successful - and puritanical - crusade against "pornography" as the root of discrimination and violence against women. But, as Nadine Strossen, president of the American Civil Liberties Union, forcefully argues, this view of sexuality as inherently dangerous does profound damage to human rights in general, and to women's rights in particular. In Defending Pornography, Strossen shows that, since the late 1970s, a new and startling alliance has been fused between "procensorship" feminists, most …


An Independent Contractor Speaks His Mind: Can He Lose His Government Contract? An Analysis Of Heiser V. Umbehr, Barbara J. Fick Jan 1995

An Independent Contractor Speaks His Mind: Can He Lose His Government Contract? An Analysis Of Heiser V. Umbehr, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case Heiser v. Umbehr, 515 U.S. 1172 (1995). The author expected the Court to consider whether, and to what extent, a governmental unit can take into account an independent contractor's poltical speech in making decisions regarding the award or termination of government contracts.


The Ironic State Of Religious Liberty In America, Frederick Mark Gedicks Jan 1995

The Ironic State Of Religious Liberty In America, Frederick Mark Gedicks

Faculty Scholarship

No abstract provided.


Initiative Petition Reforms And The First Amendment, Emily Calhoun Jan 1995

Initiative Petition Reforms And The First Amendment, Emily Calhoun

Publications

No abstract provided.


"Dancing In The Courthouse": The First Amendment Right Of Access Opens A New Round, Eugene Cerruti Jan 1995

"Dancing In The Courthouse": The First Amendment Right Of Access Opens A New Round, Eugene Cerruti

University of Richmond Law Review

Shortly after World War II, concern mounted over the government's ability and tendency to institutionalize secrecy in government. The initial concern was with the anti-communist sleuthing of various legislative bodies which dramatized the power of secretly held information to control the public agenda of both domestic and foreign policy debate. From this emerged the call for a more "open" government and the political claim that the electorate had a "right to know"' the information acquired and relied upon by government officials. For the press in particular, "access" increasingly became the watchword, the icon, of the new era. The mounting pressure …


Free Speech: The Status Of The First Amendment, Martin B. Margulies Jan 1995

Free Speech: The Status Of The First Amendment, Martin B. Margulies

Touro Law Review

No abstract provided.


What's Happening With Respect To The Second Circuit, Hon. George C. Pratt Jan 1995

What's Happening With Respect To The Second Circuit, Hon. George C. Pratt

Touro Law Review

No abstract provided.