First Amendment Commons^™

Essay: The First Amendment Right Of Access To Clients And Counsel: Hrc V. Baker, Siobhan Helene Shea, Richard Daniel Tannenbaum

University of Miami Inter-American Law Review

No abstract provided.

Constitutional Law—Freedom Of Speech—Crime May Pay: New York's Son Of Sam Law Found Unconstitutional. Simon & Schuster, Inc. V. New York State Crime Victims Bd., 112 S. Ct. 501 (1991)., William E. Lawrence

University of Arkansas at Little Rock Law Review

No abstract provided.

Liberal Visions Of The Freedom Of The Press, Michael Gerhardt

Vanderbilt Law Review

Liberals have long regarded the First Amendment's freedom of the press guarantee as their special plaything.' For most of this century, liberals have dominated the scholarship and the doctrinal debate on the freedom of the press. They have often urged the federal courts to establish the press as "a fourth institution outside the Government as an additional check on the three official branches." Liberal judges have ensured virtual autonomy for the print media through the cumulative effect of their rulings to immunize the press from damages for the publication of falsehoods about public figures unless the publication was done knowingly, …

Transforming Free Speech: The Ambiguous Legacy Of Civil Libertarianism, Gregory P. Magarian

Michigan Law Review

A Review of Transforming Free Speech: The Ambiguous Legacy of Civil Libertarianism by Mark A. Graber

Liberal Visions Of The Freedom Of The Press, Michael J. Gerhardt

Faculty Publications

No abstract provided.

The Integration Of Religious Liberty, John Witte Jr.

Michigan Law Review

A Review of A Nation Dedicated to Religious Liberty: The constitutional Heritage of the Religion Clauses by Arlin M. Adams and Charles J. Emmerich

Imagining A Free Press, Geoffrey R. Stone

Michigan Law Review

A Review of Images of a Free Press by Lee C. Bollinger

Confidentially Speaking: Protecting The Press From Liability For Broken Confidentiality Promises—Cohen V. Cowles Media Co., 111 S. Ct. 2513 (1991), Jeffrey A. Richards

Washington Law Review

In Cohen v. Cowles Media Co., the Supreme Court held that the First Amendment does not bar suits against newspapers for breaches of confidentiality promises. By following its cases holding that the press is subject to neutral laws, the Court ignored its precedent mandating that state laws inhibiting publication violate the First Amendment absent a compelling state interest. This Note explores both lines of cases and concludes that application of a state law that inhibits publication is unconstitutional if its utility in effecting a legitimate state interest is outweighed by the public's interest in receiving the information. Therefore, courts should …

No Harm, No Foul: Pornography (Violent And Otherwise), Victoria Mikesell Mather

University of Arkansas at Little Rock Law Review

No abstract provided.

No Harm, No Foul: Pornography (Violent And Otherwise), Victoria Mikesell Mather

University of Arkansas at Little Rock Law Review

No abstract provided.

The War On Poverty: A Civilian Perspective, Edgar S. Cahn, Jean C. Cahn

University of the District of Columbia Law Review

This article does two things: it articulates a vision and it lays out a specific blueprint. The core of the vision regards legal representation as "a form of enfranchisement, as an attempt to institutionalize the functions of dissent and criticism, and as a means of revitalizing the democratic process." This explains why the article triggered a movement that was perceived as going beyond the orthodox delivery of legal aid. While others legislate or purport to breath life into the democratic process, lawyers, in their unique role as advocates, discharge a constitutionally protected role. And in light of the retaliation to …

Cd-Rom Symposium Transcript One - 1992, Wendy J. Gordon

Scholarship Chronologically

Enclosed are the corrected pages of the transcript. The article itself will follow shortly.

Cd-Rom Symposium Transcript Two - 1992, Wendy J. Gordon

Scholarship Chronologically

MR. METALITZ: I think the point there is that amputation of authorship is really kind of an artifact of the registration process. You wouldn't be that concerned.

Brown V. Palmer: Public Forum Analysis And The Military, David M. Jones

Brigham Young University Journal of Public Law

No abstract provided.

Tort Liability, The First Amendment, And Equal Access To Electronic Networks, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

Solicitation On Postal Premises: United States V. Kokinda, Jay R. Larsen

Brigham Young University Journal of Public Law

No abstract provided.

The American Urge To Censor: Freedom Of Expression Versus The Desire To Sanitize Society - From Anthony Comstock To 2 Live Crew, Margaret A. Blanchard

William & Mary Law Review

No abstract provided.

Six Conservatives In Search Of The First Amendment: The Revealing Case Of Nude Dancing, Vincent Blasi

William & Mary Law Review

No abstract provided.

Information As Speech, Information As Goods: Some Thoughts In Marketplaces And The Bill Of Rights, Diane Lennheer Zimmerman

William & Mary Law Review

No abstract provided.

The First Amendment As Ideology, Frederick Shauer

William & Mary Law Review

No abstract provided.

Does The First Amendment Protect More Than Free Speech?, Stephen L. Carter

William & Mary Law Review

No abstract provided.

Obscenity In The Age Of Direct Broadcast Satellite: A Final Burial For Stanley V. Georgia(?), A National Obscenity Standard, And Other Miscellany, John V. Edwards

William & Mary Law Review

No abstract provided.

Extinction And The Law: Protection Of Religiously Motivated Behavior, Fred P. Bosselman

All Faculty Scholarship

No abstract provided.

The Unconstitutionality Of Campus Bans On Racist Speech: The View From Without And Within, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.

Barnes V. Glen Theatre, 111 S. Ct. 2456 (1991), George M. Cabaniss, Jr.

Florida State University Law Review

Constitutional Law-THE FIRST AMENDMENT, NUDE DANCING, AND JUDICIAL ACTIVISM

Computer Networks, Libel And The First Amendment, 11 Computer L.J. 555 (1992), Terri A. Cutrera

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

A Proposed Process For Managing The First Amendment Aspects Of Campus Hate Speech, William A. Kaplin

Scholarly Articles

For public institutions, attempts to regulate hate speech raise substantial legal issues under the First Amendment of the U.S. Constitution. For private institutions, which may not be bound by the First Amendment, attempts to regulate hate speech raise sensitive policy questions concerning the role of free expression on campus. Numerous articles (many of which are listed in the references below) have undertaken substantive analysis of these constitutional issues and policy questions. In contrast, this article explores a preliminary and overarching concern: the process by which a college or university addresses the problem of hate speech, and in particular the process …

‘Hate Speech’ On The College Campus: Freedom Of Speech And Equality At The Crossroads, William A. Kaplin

Scholarly Articles

This article focuses on the First Amendment implications of the hate speech problem, comparing the free speech values that may be endangered by attempts to regulate hate speech with the equality values that may be endangered if hate speech is left unchecked. I will also concentrate on processes that universities may devise to resolve these crucial value questions. My goal is to add order and balance to the differing points of view concerning hate speech, and to bring a measure of practicality and concreteness to what has often been a rather theoretical and abstract debate. In short, my focus will …

Conditional Spending And The First Amendment: Maintaining The Commitment To Rational Liberal Dialogue, 57 Mo. L. Rev. 1117 (1992), Donald L. Beschle

UIC Law Open Access Faculty Scholarship

No abstract provided.

Religious Liberty In The Military: The First Amendment Under "Friendly Fire", Kenneth Lasson

All Faculty Scholarship

Though freedom of religion remains one of our most cherished values, it is still among the most controversial of constitutional rights. This is especially true in the context of military service. Even those who purposefully enlist in the armed forces, implicitly giving up certain liberties they freely enjoyed as civilians, would not relinquish their freedom of conscience. Yet the right to practice their religious beliefs, unfettered by arbitrary governmental restrictions, is regularly challenged.

Fortunately, however, most western cultures regard religious liberty as so fundamental that their military establishments routinely develop regulations to accommodate specific religious practices.

This principle was of …