First Amendment Commons^™

Beyond Murray's Articles Of Peace And Faith, Gerry V. Bradley

Book Chapters

From the Introduction

I propose to examine our constitutional law of church and state in light of Murray's compact typology. Two preliminary expositions are demanded by the task: What is the law? and What is Murray's typology? The provisional conclusion: the law of the clauses constitutes an Article of Faith.

Tort Liability For Physical Injuries Allegedly Resulting From Media Speech: A Comprehensive First Amendment Approach , Andrew B. Sims

Faculty Scholarship

No abstract provided.

The Author In Copyright: Notes For The Literary Critic, Monroe E. Price, Malla Pollack

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Second Thoughts On Rust V. Sullivan And The First Amendment, William W. Van Alstyne

Faculty Publications

No abstract provided.

Hate Speech: The Present Implications Of A Historical Dilemma, Floyd Abrams

Villanova Law Review (1956 - )

No abstract provided.

Crossburning And The Sound Of Silence: Antisubordination Theory And The First Amendment, Charles R. Lawrence Iii

Villanova Law Review (1956 - )

No abstract provided.

The Sociology Of The Hate Speech Debate, Frederick Schauer

Villanova Law Review (1956 - )

No abstract provided.

Constitutional Law - First Amendment - Third Circuit Use Of Injunctions To Restrict Antiabortion Protesters, Joseph A. Yanchik Iii

Villanova Law Review (1956 - )

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.

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

Touro Law Review

No abstract provided.

Book Reviews & Notices: Mark A. Graber, Transforming Free Speech, Gregory P. Magarian

Scholarship@WashULaw

Gregory P. Magarian, Book Reviews & Notices: Mark A. Graber, Transforming Free Speech, 90 Mich. L. Rev. 1425 (1992)

Fighting Exclusion From Televised Presidential Debates: Minor-Party Candidates' Standing To Challenge Sponsoring Organizations' Tax-Exempt Status Note, Gregory P. Magarian

Scholarship@WashULaw

This Note argues that courts should recognize minor-party presidential candidates' standing to challenge the section 50l(c)(3) tax-exempt status of organizations sponsoring televised debates that exclude minor-party candidates. Part I situates the issue within the context of the Supreme Court's standing jurisprudence and concludes that the validity of a third-party tax-status challenge by an aggrieved minor-party presidential candidate remains an open question. Part II analyzes the Second and District of Columbia Circuits' decisions and concludes that the Second Circuit's approach properly interprets the Supreme Court's standing doctrine and correctly resolves the particular arguments which both courts consider. Part III first demonstrates …

Barnes V. Glen Theatre, Inc.: Nude Dancing And The First Amendment Question, Zachary T. Fardon

Vanderbilt Law Review

Erotic dancers Gayle Sutro, Carla Johnson, and Darlene Miller can no longer dance nude in Indiana. In Barnes v. Glen Theatre, Inc. the United States Supreme Court held that Indiana's prohibition of nude dancing did not violate the First Amendment to the United States Constitution. The Court's holding ended years of controversy and debate over Indiana's public indecency statute.

In 1979, in State v. Baysinger, the Indiana Supreme Court held that Indiana's public indecency statute could be used to prohibit nude dancing. The court stated that the statute could not prohibit some larger forms of expression involving the communication of …

A Constitutional Right Of Religious Exemption: An Historical Perspective, Philip A. Hamburger

Faculty Scholarship

Did late eighteenth-century Americans understand the Free Exercise Clause of the United States Constitution to provide individuals a right of exemption from civil laws to which they had religious objections? Claims of exemption based on the Free Exercise Clause have prompted some of the Supreme Court's most prominent free exercise decisions, and therefore this historical inquiry about a right of exemption may have implications for our constitutional jurisprudence. Even if the Court does not adopt late eighteenth-century ideas about the free exercise of religion, we may, nonetheless, find that the history of such ideas can contribute to our contemporary analysis. …

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

Faculty Scholarship

The future of political freedom in the United States hardly turns on whether women have a First Amendment right to dance in the nude in bars and peep shows. The future of artistic freedom is perhaps implicated by this question, but only if the law's demand for general principle prohibits judges from treating expressive nudity in those environments as fundamentally different from expressive nudity in ballet performances, museum exhibitions, and films. Barnes v. Glen Theatre, Inc. is an interesting and potentially important case not because of the significance of the specific issue it decided, but because it provoked a lively …

Rouge Et Noir Reread: A Popular Constitutional History Of The Angelo Herndon Case, Kendall Thomas

Faculty Scholarship

In 1932, Eugene Angelo Braxton Hemdon, a young Afro-American member of the Communist Party, U.S.A., was arrested in Atlanta and charged with an attempt to incite insurrection against that state's lawful authority. Some five years later, in Herndon v. Lowry, Herndon filed a writ of habeas corpus asking the U.S. Supreme Court to consider the constitutionality of the Georgia statute under which he had been convicted. Two weeks before his twenty-fourth birthday, the Court, voting 5-4, declared the use of the Georgia political-crimes statute against him unconstitutional on the grounds that it deprived Herndon of his rights to freedom …

Of Supervision, Centerfolds, And Censorship: Sexual Harassment, The First Amendment, And The Contours Of Title Vii, Amy Horton

University of Miami Law Review

No abstract provided.

Corporate Legal Theory Under The First Amendment: Bellotti And Austin, Charles D. Watts Jr.

University of Miami Law Review

No abstract provided.

Sex, Lies And Videotape: The Pornographer As Censor, Marianne Wesson

Washington Law Review

The legal branch of the women's movement, although of one mind on some subjects, is divided on the proper approach to pornography. Some feminists oppose the imposition of any legal burdens on pornography because they fear that feminist speech will be caught in the general suppression, and others believe that any such burdens must violate the first amendment. Professor Wesson suggests that pornography should be defined to include only those materials that equate sexual pleasure with the infliction of violence or pain, and imply approval of conduct that generates the actor's arousal or satisfaction through this infliction. So defined, pornography …

Antimask Laws: Exploring The Outer Bounds Of Protected Speech Under The First Amendment—State V. Miller, 260 Ga. 669, 398 S.E.2d 547 (1990), Oskar E. Rey

Washington Law Review

In State v. Miller, the Supreme Court of Georgia held that the Georgia Antimask Statute does not violate free speech rights under the first amendment of the United States Constitution. Antimask statutes prohibit, with certain exceptions, the wearing of masks in a public place. The stated purposes of these statutes vary, but it is fairly clear that antimask laws are designed to deter Ku Klux Klan activity. This Note explores the first amendment implications of antimask laws, and concludes that antimask statutes are unconstitutional.

Rust V. Sullivan: The Supreme Court Upholds The Title X Abortion-Counseling Gag Rule, Scott E. Johnson

West Virginia Law Review

No abstract provided.

Legacy - A Conversation With James Madison, Rodney A. Smolla

Popular Media

No abstract provided.

Draft Of From Privacy To Publicity - 1991, Wendy J. Gordon

Scholarship Chronologically

In defense of a "right 'to be let alone'", Warren and Brandeis published their landmark article, The Right to Privacy, approximately one hundred years ago. Over seventy years later, the American Law Institute endorsed a tort right in defense of privacy, and also included in its section on privacy rights a cause of action to redress "appropriation" of one's "name or likeness". Since then courts have used various bases to grant celebrities rights to protect their commercial identities from commercial exploitation by others. Although most states now recognize a right of publicity either by judicial decision or statute, the cause …

Foreword, David Rudenstine

Cardozo Law Review

No abstract provided.

The Pentagon Papers Case: Recovering Its Meaning Twenty Years Later, David Rudenstine

Cardozo Law Review

No abstract provided.

First Amendment - What Content Restrictions Can Congress Place On Nea Grants?, William Bradford Reynolds, Rodney A. Smolla

Popular Media

No abstract provided.

The New York Law School Reporter, Vol 8, No. 2, May 1991, New York Law School

Student Newspapers

No abstract provided.

The Meaning Of Dissent, Lee C. Bollinger

Michigan Law Review

A Review of The First Amendment, Democracy, and Romance by Steven H. Shiffrin

Prescription Drug Approval And Terminal Diseases: Desperate Times Require Desperate Measures, John P. Dillman

Vanderbilt Law Review

It is no surprise that the press, in exercising its traditional first amendment freedom, often discloses truthful information about individuals that those individuals would prefer to keep private. An inevitable tension exists between the public's right to know and the individual's right to be let alone.' What is surprising, however, especially given the historic recognition of both a free press and individual privacy as rights fundamental to the preservation of American society, is that the privacy interests of the individual almost always lose. The prevalent rationale for this lopsided result is that the first amendment protects the values promoted by …