First Amendment Commons^™

The Political Economy Of Congressional Social Policymaking: United States V. Eichman And Texas V. Johnson, George Steven Swan

North Carolina Central Law Review

No abstract provided.

The First Amendment At Home And Abroad, Pnina Lahav

Faculty Scholarship

The powerful appeal of the First Amendment flows from the rhetoric it has inspired. Holmes's "[W]hen men have realized that time has upset many fighting faiths, they may come to believe ... that the best test of truth is the power of the thought to get itself accepted in the competition of the market"; Brandeis's " ... the greatest menace to freedom is an inert people; ... order cannot be secured merely through fear of punishment for its infraction; ... it is hazardous to discourage thought, hope and imagination; fear breeds repression; ... repression breeds hate; ... hate menaces stable …

Equality And Freedom Of Expression: The Hate Speech Dilemma, Toni M. Massaro

William & Mary Law Review

No abstract provided.

Introduction: Exercises In The Regulation Of Hate Speech, Rodney A. Smolla

William & Mary Law Review

No abstract provided.

Racist Speech, Democracy, And The First Amendment, Robert C. Post

William & Mary Law Review

No abstract provided.

The Trouble With Protest, Kenneth Lasson

All Faculty Scholarship

No abstract provided.

Constitutional Law: Nude Dancing And Political Speech As Protected Expression- The Scope Of The Due Process Guarantee, Rosalie Levinson

Law Faculty Publications

In a 1988 address, Chief Justice Shepard invited Indiana practitioners to reexamine the Indiana Constitution as a potentially significant source for the protection of individual liberty. Although there has been some movement in this direction in defending the rights of criminals, there has been little civil rights litigation brought under the Indiana Constitution. Therefore, this Article will explore state and federal court cases that raise significant federal constitutional issues implicating Indiana law and Indiana litigants. The most noteworthy cases during the survey period dealt with freedom of expression and the due process clause.

Allocating The Costs Of Parental Free Exercise : Striking A New Balance Between Sincere Religious Belief And A Child's Right To Medical Treatment, Paula A. Monopoli

Faculty Scholarship

No abstract provided.

Does The Camel Have Its Nose In The Tent: Individual Religious Freedom V. Prayer In Public Schools, Elizabeth Brandt

Articles

No abstract provided.

Title Vii As Censorship: Hostile Environment Harassment And The First Amendment, Kingsley R. Browne

Law Faculty Research Publications

No abstract provided.

Affirmative Action In The Marketplace Of Ideas, Rodney A. Smolla

Scholarly Articles

Not available.

Cracking Down On The Trade In Child Pornography And Pornography For Children: More Prosecutions, Stiffer Sentences And Now, After Osborne V. Ohio, No Place To Hide, Harvey L. Zuckman

St. Thomas Law Review

The life of the child pornographer, while never easy, became increasingly difficult in the 1980s when the federal and state governments cast their full attention on these exploiters of children and their pedophiliac customers. This article will review the law in this area, the legislative and judicial process by which the federal and state government have attempted to stamp out the trade in child pornography particularly in the past decade and the first decision of the Supreme Court in this new decade making it more difficult than ever to store, handle and move such material, even surrepticiously.

National Security And The Disparate Impact Of Free Speech Rules, Frederick Schauer

St. Thomas Law Review

In addressing questions of censorship, including commonly neglected ones of what censorship is and what is wrong with it, I want to focus on the issues raised by censorship in the context of war, national security, and national defense. Here more than in other areas the debates about censorship are particularly strident, and here also it turns out that who is saying what about censorship often says as much about the speaker as about the activity complained of. More specifically, various free speech and free press principles not only serve to allocate power between government and speaker, but also allocate …

National Endowment Of The Art's Controversial Obscenity Regulation And Its Constitutional Ramifications, Jodi Cantor

St. Thomas Law Review

The purpose of this paper is to discuss and analyze the constitutional ramifications of the controversy involving the National Endowment of the Arts. Specifically, the controversy is based on obscenity restrictions on government funding. The paper begins by explaining the purpose and goals behind the National Endowment of the Arts. Next, the controversy itself and the subsequent enactment of the Interior Appropriations bill and its restrictions are discussed. There are several constitutional issues presented. First, it is strongly urged that the Miller v. California 1 test is misplaced in this area. However, assuming that Miller is applicable, an intent-based analysis …

Turmoil At The National Endowment For The Arts: Can Federally Funded Act Survive The "Mapplethorpe Controversy" ?, Maryellen Kresse

Buffalo Law Review

No abstract provided.

Eras Of The First Amendment, David S. Yassky

Elisabeth Haub School of Law Faculty Publications

Part I will begin the story with the Founders' understanding of the structural role of the First Amendment. In this understanding, the First Amendment served as a bulwark of state independence. Along with the rest of the Bill of Rights, the First Amendment had as its primary purpose maintenance of the federal system--or, more precisely, protection of the states against federal government overreaching. The Founders' plan left the individual states entirely free to regulate speech, while strictly prohibiting the federal government from displacing the states' various speech regimes.

When the Civil War dramatically reshaped the federal-state relationship, the structural purpose …

The Bill Of Rights, Freedom Of Speech, Censorship, And The Cop On The Beat, Roger Handberg

St. Thomas Law Review

This short essay reemphasizes a simple truth about the exercise of the various freedoms embodied within the Bill of Rights. That is: constitutional rights are not self enforcing and their effective articulation is dependent upon the restraint of officers of the state, principally the individual police officer on the beat. Courts are crude and often ineffectual protectors of those rights because their judgments and pronouncements occur long after the events have transpired. This distance is true even when an injunction has been rendered explicitly protecting the exercise of such rights. Even in those exceptionally rare cases when an injunction is …

Prior Restraint In Light Of United States V. Noriega--Has The Law Been Changed, William M. Hoeveler

St. Thomas Law Review

No abstract provided.

The Media And The Censors Blue Pencil, D Paul, Barbara Singer, P. Steinle, J Wragg

St. Thomas Law Review

The following are excerpts taken from a panel discussion held at St. Thomas University School of Law on March 7, 1991.

To Stimulate, Provoke, Or Incite Hate Speech And The First Amendment, Kenneth Lasson

St. Thomas Law Review

The rule should be a simple one: expression of all ideas is protected, except for those in narrowly defined categories such as state secrets, obscenity, fighting words, and defamation. The last exception should include a civil action for group libel. While the rule may be simple, however, it is not simplistic - nor any more difficult to apply than the analysis required in the fact-finding process of a trial by judge or jury. This paper will briefly examine the various approaches to free speech both in America and elsewhere, suggest how they may be read in harmony with the rule …

Managed News, Stifled Views: Free Expression As A Casualty Of The Persian Gulf War, Gara Lamarche

NYLS Journal of Human Rights

No abstract provided.

Artists, Grants And Rights: The Nea Controversy Revisited, Robert M. O'Neil

NYLS Journal of Human Rights

No abstract provided.

Prohibiting The Solicitation Of Abortion—Viewpoint Discrimination And Other Free Speech Problems: Will Free Speech Guarantees Be A Casualty Of The Moral Debate On Abortion?, William J. Swift

University of Baltimore Law Review

No abstract provided.

Engaging The Spectrum: Civic Virtue And The Protection Of Student Voice In School Sponsored Forums, 24 J. Marshall L. Rev. 339 (1991), Robert R. Verchick

UIC Law Review

No abstract provided.

The Legal Nature Of Academic Freedom In United States Colleges And Universities, William H. Daughtrey Jr.

University of Richmond Law Review

The courts serve as the ultimate guardians of the free expression of ideas in colleges and universities throughout the United States. While the Constitution does not enumerate any specific right of academic freedom, the Supreme Court of the United States has employed the first and fourteenth amendments to help ensure that academic institutions can continue to be forums for the unfettered exchange of ideas. State constitutions and statutes also help de- termine the contours of academic freedom.

Report Of The Subcommittee On First Amendment And Land Use, Alan C. Weinstein, Edward H. Ziegler Jr.

Law Faculty Articles and Essays

In recent years, there has been a marked expansion in the types of uses, both commercial and nonprofit, that challenge land-use regulations on First Amendment grounds. This expansion is occurring for two reasons. First, "land use and the first amendment" is a developing area in the law. As is typical of developing areas in the law, litigants are encouraged to bring cases because the law is unsettled and they hope to create significant new rights. Second, a number of societal factors have coalesced to create a greater potential for conflict when government regulates the use of land. In part, this …

Foreword: Racist Speech On Campus, Kingsley R. Browne

Law Faculty Research Publications

No abstract provided.

The "Assaultive Jurisprudence": The Free Speech Critique Of Robert Nagle’S Constitutional Cultures, David Day

Faculty Publications

No abstract provided.

Freedom Of Speech And The Press

Touro Law Review

No abstract provided.

Free Exercise Of Religion

Touro Law Review

No abstract provided.