First Amendment Commons^™

The State And Federal Religion Clauses: Differences Of Degree And Kind, Neil Mccabe

St. Thomas Law Review

This article will critically analyze some recent decisions that have recognized greater rights under state constitutions in the area of religious freedom, but it will place more emphasis on the possibility of lesser or different protection under the state constitutions.

The Supreme Court And The First Amendment: The 1991-1992 Term, Elliot M. Mincberg

NYLS Journal of Human Rights

No abstract provided.

Regulating Workplace Sexual Harassment And Upholding The First Amendment - Avoiding A Collision, Nadine Strossen

Villanova Law Review (1956 - )

No abstract provided.

The Enforceability Of Religious Upbringing Agreements, 25 J. Marshall L. Rev. 655 (1992), Martin Weiss, Robert Abramoff

UIC Law Review

No abstract provided.

A First Amendment-Sixth Amendment Dilemma: Manuel Noriega Pushes The American Judicial System To The Outer Limits Of The First Amendment, 25 J. Marshall L. Rev. 563 (1992), Lance R. Peterson

UIC Law Review

No abstract provided.

The Plight Of The Agunah: A Study In Halacha, Contract, And The First Amendment, Irving Breitowitz

Maryland Law Review

No abstract provided.

Hate Speech And The First Amendment: On A Collision Course, Gilbert Paul Carrasco

Villanova Law Review (1956 - )

No abstract provided.

Intrusion And The Investigative Reporter, Lyrissa Lidsky

Faculty Publications

Although sometimes reviled as muckrakers, investigative reporters play a valuable role in exposing societal ills and advancing reform. The success of investigative journalism is due, at least in part, to its use of novel newsgathering techniques. Yet some of these same techniques pose a threat to individual privacy. Current tort doctrine strikes an unsatisfactory balance between these competing interests. The qualified common-law privilege advocated by this Note, in contrast, would protect those newsgathering activities that promote the public welfare. Equally significantly, by sending a clear message to editors, media lawyers, and reporters about the scope of protected newsgathering activity, it …

Government Regulation Of Religiously Based Social Services: The First Amendment Considerations, Carl H. Esbeck

Faculty Publications

A daunting welter of variables confronts anyone who sets out to systematize the First Amendment's effect on the government's role in regulating social services operated by religious organizations. The task is further complicated because the regulations in question often were promulgated as a consequence of the monitoring that inevitably accompanies government spending on private-sector welfare programs. The most suitable methodology should take into account: 1) the nature of the organizations that are the object of the government's regulation or program of aid; 2) the interrelationship between government and religious organizations that results from the regulation or aid; and 3) the …

Litigation As A Predatory Practice, Gary Myers

Faculty Publications

This article reviews and evaluates the sham litigation case law, finding that many courts have allowed immunity too readily or on inappropriate grounds. It attempts to develop comprehensive standards for antitrust claims based on sham litigation.

The Myth Of Ministry Vs. Mortar: A Legal & Policy Analysis Of Landmark Designation Of Religious Institutions, Alan C. Weinstein

Law Faculty Articles and Essays

This Article proposes to examine the conflict between religious institutions and landmark preservation groups at both its empirical and normative levels. Part I of the Article provides an overview of historic preservation. It traces the development of the historic preservation movement, describes the standards and procedures commonly found in preservation ordinances, and discusses briefly the seminal cases in this field. Part II then attempts to answer three questions: (1) how extensive is the conflict between religious institutions and landmark commissions; (2) what has been the response of state and local legislatures to the conflict; and (3) what legal doctrines have …

The End Of The Public Forum Doctrine, David Day

Faculty Publications

No abstract provided.

Abstract Principle V. Contextual Conceptions Of Harm: A Comment On R. V. Butler, Jamie Cameron

Articles & Book Chapters

This comment provides a critique of the Supreme Court of Canada's decision in R. v. Butler, which held that section 163(8) of the Criminal Code, defining obscenity, is a reasonable limit on freedom of expression under section 1 of the Canadian Charter of Rights and Freedoms. Before discussing the Charter, the Court expanded the scope of section 163(8) to include a prohibition against sexually explicit material that is degrading or dehumanizing. Initially, the author is critical of the Court's methodology, which enlarged section 163(8) at the expense of expressive freedom, without even mentioning the Charter. Once the Court had interpreted …

Free Speech In The United States And Canada, Kent Greenawalt

Faculty Scholarship

This comparison of freedom of speech in the United States and Canada concentrates on Supreme Court decisions in the two countries and on kinds of speech mainly engaged in by extreme dissenters and political outsiders. After brief comments about constitutional language and general approaches, I discuss subversive speech and other speech that encourages criminal acts, hate speech, symbolic speech, and public demonstrations.

In both countries, a major premise of modern adjudication is that freedom of expression is a central feature of liberal democracy. Government "by the people," even in the extended sense of government by representatives, requires that citizens openly …

The End Of New York Times V Sullivan: Reflections On Masson V New Yorker Magazine, Lee C. Bollinger

Faculty Scholarship

Virtually every year since New York Times v Sullivan, the Supreme Court has decided at least one or two First Amendment cases involving the press. This now seemingly permanent, annual pageant of media cases undoubtedly has significance for the development of both constitutional law and the character of American journalism, though oddly that significance has been little explored in the scholarly literature. This past year the Court had two cases, both of which received an unusual amount of discussion within the press. It is, of course, understandable, even if not wholly defensible, for the press to give disproportionate coverage …

Foreword, Lee C. Bollinger

Faculty Scholarship

The mass media are too important to American democracy, too capable of causing injury, and too easy a target for the perennial wish to find a scapegoat for the country's ills ever to be very far from the center of public attention and debate. That is certainly true today. And, though every generation probably thinks that it stands at a crossroads on the question what to do with the media, I would nevertheless venture to say that the issues of our time are more serious, and more complex, than ever before. One can safely predict, in any event, that we …

The Canadian Constitution And The Dangers Of Establishment, Richard Kay

Faculty Articles and Papers

No abstract provided.

Waiting For The New Emerson: A Critique Of The First Amendment, Democracy, And Romance, David Day

Faculty Publications

No abstract provided.

Practical Reason: The Commercial Speech Paradigm, Edward J. Eberle

Law Faculty Scholarship

First Amendment jurisprudence incorporates a continual struggle to balance coflicting interests. Free speech values must be weighed against communitarian interests in a rational manner. The article examines the foundationalist approach to this task, and finds it incapable of providing a unified First Amendment theory. Through examination of the treatment of commercial speech, the article arrives at a more coherent approach through the application of practical reasoning. The proposed methodology allows for principled analysis and decisions which yield an internally consistent body of law.

On The Brink: The First Amendment In The Rehnquist Court, 1990-91 Term, Joel Gora

Faculty Scholarship

No abstract provided.

Against Constitutional Theory, Paul Campos

Publications

No abstract provided.

Abrams V. United States: Remembering The Authors Of Both Opinions, James F. Fagan Jr.

Touro Law Review

No abstract provided.

Due Process

Touro Law Review

No abstract provided.

Freedom Of Speech And The Press

Touro Law Review

No abstract provided.

Freedom Of Speech And The Press

Touro Law Review

No abstract provided.

Freedom Of Speech And The Press

Touro Law Review

No abstract provided.

Does The United States Need An Establishment Clause?: God Loveth Adverbs, Daniel O. Conkle

Articles by Maurer Faculty

No abstract provided.

Free Speech And School Governance In The Wake Of Hazelwood, Rosemary C. Salomone

Faculty Publications

(Excerpt)

The Supreme Court's 1988 decision in Hazelwood School District v. KuhImeier upholding public school officials' authority to censor material in a high school student newspaper sent immediate shock waves throughout the educational and legal communities. The Court's sweeping language in Hazelwood moved far beyond the narrow issue of school newspaper censorship. It even moved beyond the question of appropriate or acceptable speech in public secondary schools. It was clear that Hazelwood could have far-reaching consequences for student rights, school governance, and the scope of official authority to make curricular decisions that reflect the values of the local community.

Some …

Banning Broadcasting – A Transatlantic Perspective, Geoffrey Bennett, Russel L. Weaver

Journal Articles

The British Government's decision to prohibit radio and television networks from airing interviews or statements by members of certain Northern Ireland organizations, or by allies and sympathizers of such organizations (the Broadcasting Ban or Ban) is analyzed in context. From an analysis of the Ban, some conclusions are drawn about the nature of judicial review.

Protecting Religious Liberty: Judicial And Legislative Responsibilities, Gerard V. Bradley

Journal Articles

Is the First Amendment hostile to religion? Answering that question requires at least the usual professorial ration of caveats. I assure you that I will directly answer the question. I submit, though, that the caveats constitute a more important, deeper response, a response which questions the question itself. Were I more radical in my intellectual sympathies, I would propose to deconstruct the question.