First Amendment Commons^™

Laws Intentionally Favoring Mainstream Religions: An Unhelpful Comparison To Race, Gary J. Simson

Cornell Law Faculty Publications

No abstract provided.

Whither The Press: The Fourth Estate And The Journalism Of Blame, Gerald G. Ashdown

William & Mary Bill of Rights Journal

No abstract provided.

Cohen V. Cowles Media And Its Significance For First Amendment Law And Journalism, Jerome A. Barron

William & Mary Bill of Rights Journal

No abstract provided.

"Buying Up Speech": Active Government And The Terms Of The First Amendment And Fourteenth Amendments, William T. Mayton

William & Mary Bill of Rights Journal

No abstract provided.

A Matter Of Opinion: Milkovich Four Years Later, Kathryn Dix Sowle

William & Mary Bill of Rights Journal

No abstract provided.

The H-Bomb And The First Amendment, Erwin Knoll

William & Mary Bill of Rights Journal

No abstract provided.

Letter To Ken Yalowitz, Esq., Wendy J. Gordon

Scholarship Chronologically

I hope you received the fax I sent with the material by Mark Rose discussing the linkages between paper money and art.

Sullivan's Paradox: The Emergence Of Judicial Standards Of Journalism, Brian C. Murchison

Scholarly Articles

In this article, the authors examine the development of libel law in America since the Supreme Court's watershed decision in New York Times Co. v. Sullivan and suggest that Sullivan affords members of the press less protection than many think. Sullivan's actual malice standard invites judges to create norms of acceptable journalistic conduct for news gathering, which members of the press and their lawyers use as maps to navigate around libel liability. The authors examine a large number of these judicial decisions and note the types of journalistic conduct at issue and what conduct the courts view positively. The authors …

Free Speech On College Campuses: Protecting The First Amendment In The Marketplace Of Ideas, Melanie A. Moore

West Virginia Law Review

No abstract provided.

Hinerman V. Gazette: A Pro-Victim Shift In West Virginia Libel Law, Carole Lewis Bloom

West Virginia Law Review

No abstract provided.

Maintaining Order In The Post-Strike Workplace: Employee Expression And The Scope Of Section 7, Lyrissa Lidsky

Faculty Publications

In the aftermath of a typical strike, management often seeks to restore order to the workplace by imposing restrictions on employee expression. Although in principle employee expression is protected by section 7 of the National Labor Relations Act, courts, relying on outdated notions of workplace organization, often accept ad hoc management justifications for restrictions on employee expression. The author argues that after a strike, it is crucial for employees to be able to express their grievances or vent their frustrations at exactly the same time that employers feel it necessary to restrict expression as a way of re-imposing order in …

Courts Take Close Look At Adult Use Regs, Alan C. Weinstein

Law Faculty Articles and Essays

Regulations imposed on "adult businesses" by state or local government raise serious constitutional issues because the First Amendment's guarantee of freedom of expression extends to sexually oriented media. This article provides an update on recent adult business cases dealing with locational restrictions, public indecency laws, licensing requirements, and public health regulations.

A Matter Of Opinion: Milkovich Four Years Later, Kathryn D. Sowle

Articles

No abstract provided.

The First Amendment: When The Government Must Make Content-Based Choices, Erwin Chemerinsky

Cleveland State Law Review

Thus, I focus my attention on the problem of the First Amendment when the government must make content-based choices. I want to divide my remarks into four parts. I begin by reviewing the traditional bedrock rule of the First Amendment: The government cannot regulate speech based on its content. Second, I identify a broad range of cases where this rule cannot apply because the government must make content-based choices. Third, I suggest that the usual First Amendment principles are not helpful in analyzing these cases. Finally, I offer some initial thoughts about directions for dealing with this problem.

Trial By Tabloid, Mercy Hermida

St. Thomas Law Review

An intense conflict has persisted throughout legal history between the practical application of the First and Sixth Amendments. The controversy between these two guarantees has been a constant debate for decades. On the one hand, the First Amendment guarantees the media the Constitutional right to report the news via their right to freedom of expression. Alternatively, the Sixth Amendment guarantees the criminally accused the right to a fair trial decided by an impartial jury. Although these two guarantees are not seemingly contradictory, they ultimately collide when the media, in asserting its First Amendment right, so intrudes and disrupts a criminal …

Clergy Sexual Misconduct: Confronting The Difficult Constitutional And Institutional Liability Issues, James T. O'Reilly, Joann M. Strasser

St. Thomas Law Review

Sexual misconduct among clergy members is a rare but troubling societal phenomenon, made more evident in the 1990s by dramatic news reporting and high-profile litigation demands. Revelation is no longer just an uplifting part of the New Testament; revelation is a tabloid tactic for uplifting television ratings and newspaper sales by assailing massive sexual scandals in the churches. This article focuses on a clash of doctrines that is developing in tort cases, when institutional churches are sued for failure to adequately oversee and control their errant ministers and priests. The clash arises because the religious doctrines of faith, responsibility and …

Alexander V. United States: Forfeiture Of Nonobscene, Expresseve Material As Punishment For Violation Of The Racketeer Influenced And Corrupt Organizations Act, Julie A. Sollenberger

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Free Speech By The Light Of A Burning Cross, Jerome O'Callaghan

Cleveland State Law Review

For scholars of the First Amendment this case is an excellent example of the dilemmas posed by many of the doctrines created by the Court. While Justice Scalia proposes an elaborate and novel understanding of the limits of free speech regulation, Justice White responds with an assertion that Scalia's reasoning is "transparently wrong," and that his opinion is a "radical revision of First Amendment law." According to Justice Stevens, the majority opinion is no more than "an adventure in a doctrinal wonderland." Part II of this paper examines the attacks made by Justices White and Stevens against the majority opinion. …

A New Paradign For Protection: First Amendment Principles And The Environment, Jennifer D. Jones

Washington Law Review

Currently, environmental plaintiffs pursue protection for the ancient forests of the Pacific Northwest by litigating procedural violations of environmental statutes. This method, however, will not provide the long-term protection these plaintiffs desire. This Comment proposes a new model for protection using the First Amendment of the United States Constitution.

A Relic Of Mccarthyism: Question 21 Of The Application For Admission To The New York Bar, Colin A. Fieman

Buffalo Law Review

No abstract provided.

The Trivilization Of Religion, Reveiwing Stephen L. Carter, The Culture Of Disbelief: How American Law And Politics Trivialize Religious Devotion (1993), Leslie C. Griffin

Scholarly Works

No abstract provided.

Hate Speech, Offensive Speech, And Public Discourse In America, Edward J. Eberle

Law Faculty Scholarship

In this article, Professor Eberle discusses several limitations on governmental power to regulate public discourse. After examining the United States Supreme Court decisions of R.A.V. v. City of St. Paula nd Wisconsin v. Mitchell, Professor Eberle concludes that government should refrain from regulating speech itself. Rather, any restrictions should focus strictly on the problematic conduct underlying the speech which justifies regulation. Professor Eberle also concludes that the Court has implicitly recognized two distinct subcategories of "content" discrimination and viewpoint discrimination. Both subcategories are presumptively unconstitutional and nominally subject to conventional strict scrutiny. The Court, however, finds viewpoint discrimination more dangerous …

Considerations Of Legislative Fit Under Equal Protection, Substantive Due Process, And Free Speech Doctrine: Separating Questions Of Advancement, Relationship And Burden, R. Randall Kelso

University of Richmond Law Review

Whenever a court reviews legislation under an equal protection, substantive due process, or free speech analysis, the court considers whether the fit between the legislature's chosen means and intended ends is sufficient to pass constitutional muster. The Supreme Court analyzes these "fit" questions by considering the manner in which the statute achieves its benefits and burdens in terms of whom the statute regulates and whom the statute fails to regulate. Of course, these "fit" questions are different depending upon whether the Court uses minimum rationality review, "heightened" rational review, intermediate review, or strict scrutiny. But in all cases, the question …

"Speech Acts" And The First Amendment, Lawrence Friedman

University of Richmond Law Review

Of the 1989 student protests in Beijing's Tiananmen Square, one image lingers still: a lone figure standing motionless before a column of tanks, an extreme act of self-expression in defense of the right to express oneself. The makeshift Statue of Liberty erected by the students occupying the Square pointed to the country providing their inspiration. The foundations of that inspiration may in turn be traced to the handful of words---"Congress shall make no law...abridging the freedom of speech, or the press . . . "--which have become synonymous with American-style democracy.'

Considering Religion As A Factor In Foster Care In The Aftermath Of Employment Division, Department Of Human Resources V. Smith And The Religious Freedom Restoration Act, Thomas J. Cunningham

University of Richmond Law Review

Most rights considered by Americans to be "fundamental" are granted a special level of protection by the decisions of the United States Supreme Court. The standard is often described as "strict scrutiny" or "compelling interest." Under this standard of protection, a state must have more than just a good reason for writing legislation that encroaches upon its citizens' fundamental rights. Rather, the state must be able to prove a "compelling" interest in achieving some desired result, a result which necessitates the curtailment of fundamental rights. In 1990, however, the United States Supreme Court substantially restricted a right from this list: …

Verbal Sexual Harassment As Equality-Depriving Conduct, Keith R. Fentonmiller

University of Michigan Journal of Law Reform

Part I of this Note argues that commentators like Browne and some courts have mischaracterized the harm of verbal sexual harassment as mere "offense." Rather, the true harm of a sexually hostile environment created by words and expressive conduct extends beyond offense, emotional distress, and economic displacement; at bottom, the harm is equality-deprivation.

Part II explains how a sexually hostile environment is equality-depriving by arguing that words which create a sexually hostile environment must be understood in historical and social context. Words can be used not only to communicate ideas but also to perform acts of coercion and sexual abuse. …

Back From The Brink: Part Ii, Joel M. Gora

Touro Law Review

No abstract provided.

Machiavellian Jurisprudence: The United States Supreme Court's Doctrinal Approach To Political Speech Under The First Amendment, Garth Molander

Touro Law Review

No abstract provided.

University Hate Speech Codes: A Necessary Method In The Process Of Eradicating The Universal Wrong Of Racism, Nooshin Namazi, James H. Cahill

Touro Law Review

No abstract provided.

Freedom Of Speech & Press: Gross V. New York Times, Co.

Touro Law Review

No abstract provided.