First Amendment Commons^™

Opaque Covers And Judicial Obfuscation In The Eighth Circuit, David Day

Faculty Publications

No abstract provided.

Academic Freedom: A ‘Special Concern Of The First Amendment’, J. Peter Byrne

Georgetown Law Faculty Publications and Other Works

The First Amendment protects academic freedom. This simple proposition stands explicit or implicit in numerous judicial opinions, often proclaimed in fervid rhetoric. Attempts to understand the scope and foundation of a constitutional guarantee of academic freedom, however, generally result in paradox or confusion. The cases, shorn of panegyrics, are inconclusive, the promise of their rhetoric reproached by the ambiguous realities of academic life.

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

MCCARRAN-WALTER ACT PROVISIONS ALLOWING FOR THE DEPORTATION OF ALIENS WHO ADVOCATE WORLD COMMUNISM VIOLATE THE FIRST AMENDMENT

American-Arab Anti-Discrimination Committee v. Meese 1989 U.S. Dist. LEXIS 1327 (C.D. Cal. Jan. 26, 1989)

PHILIPPINE ACTION AGAINST FORMER PRESIDENT MARCOS NOT BARRED BY ACT OF STATE DOCTRINE AND INJUNCTION ALLOWED TO FREEZE ASSETS WORLDWIDE

Republic of the Philippines v. Marcos 862 F.2d 1355 (9th Cir. 1988) (en banc).

THE FOREIGN SOVEREIGN IMMUNITES ACT OF 1976 PROVIDES THE SOLE BASIS FOR OBTAINING JURSIDICTION OVER A FOREIGN STATE

Argentine Republic v. Amerada Hess Shipping Corp. 109 S. Ct. 683(1989).

ASLYUM APPLICANT WHO FAILS TO …

Federal Labor Rights And Access To Private Property: The Nlrb And The Right To Exclude, Dianne Avery

Journal Articles

No abstract provided.

Possible Modifications Of Roe Vs. Wade, Charles E. Rice

Journal Articles

No abstract provided.

The Child Porn Myth, Lawrence A. Stanley

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Full Court Press: Sacrificing Vital Privacy Interests On The Altar Of First Amendment Rhetoric, Irwin R. Kramer

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The U.S. Constitution And Religious Freedom, Gerard V. Bradley

Journal Articles

From the Article

"I shall develop two basic points in this article, composing a fuller diagnosis of that illness. The first describes the contemporary regime and its architects, the Justices of our Supreme Court. That regime and the Court are not dedicated to spiritual liberty. Its earmark is the "naked public square," one from which religious discourse has been evicted. The second contention simply describes how this represents a complete betrayal of our constitutional tradition."

Commentary, The Selling Of Jury Deliberations, Robert F. Nagel

Publications

No abstract provided.

Forgetting The Constitution, Robert F. Nagel

Publications

No abstract provided.

Cable Traffic And The First Amendment Must-Carry Under A Diversity Approach And Antitrust As Possible Alternative, Bruno Vandermeulen

LLM Theses and Essays

Recent technological progress in the field of telecommunications has greatly changed the competitive structure between broadcasters, cable operators, and telephone companies. The legal and economic environment for these media participants has shifted, and new problems have arisen. One major problem is the enhanced threat of concentration of media corporations, as corporate bigness becomes desirable and the number of diversified owners of media outlets continues to decrease. This paper analyzes broadcasting regulations and subsequent case law to show the concern by the legislature and regulatory agencies to preserve diversity in opinion and media-ownership through emphasis on “localism” and a “marketplace of …

Distinction Without A Difference: A Reappraisal Of The Doctrine Of Prior Restraint, Marin Roger Scordato

Scholarly Articles

For nearly 60 years, the doctrine of prior restraint has held a central position in first amendment jurisprudence. A law that acts as a prior restraint on speech comes under such searching judicial scrutiny that it almost always is invalidated. Professor Marin Scordato makes a frontal attack on the existing prior restraint doctrine in this Article. ie first maintains that the traditional definition of prior restraint defies the common-sense meaning of the term. Then he examines the policy justifications for identifying prior restraints by their asserted tendency to produce constitutionally undesirable results compared with their definitional opposites, subsequent sanctions. He …

"Libelous" Petitions For Redress Of Grievances -- Bad Historiography Makes Worse Law, Eric Schnapper

Articles

Both the majority and concurring opinions in McDonald v. Smith, 472 U.S. 479 (1985), concluded that there was no historical basis for McDonald's contention that the framers understood the right to petition to include an unqualified right to do so without being subject to suit for libel. This Article argues that the historical analysis in McDonaldis incorrect; indeed, this appears to be one instance in which the relevant historical materials are both voluminous and crystal clear.

Part I evaluates the McDonald Court's discussion of the intent of the framers. Subsequent sections discuss the wide variety of materials that …

Some Comments On Professor Neuborne's Paper, Henry Paul Monaghan

Faculty Scholarship

It is a pleasure to have the opportunity to comment upon Professor Neuborne's paper; it is a provoking effort to make sense out of important aspects of the first amendment. At the outset, I should say that there is much in the paper with which I agree. But for the purposes of this essay I will focus on points of disagreement.

Professor Neuborne's specific focus is an analysis of the Security and Exchange Commission's (SEC) regulation of speech. The final twenty-one pages of his paper are directly concerned with analysis and criticism of the existing case law on the subject. …

The Future And The First Amendment, Lee C. Bollinger

Faculty Scholarship

It is my honor and pleasure to deliver this year's Sullivan Lecture. I have an especially warm feeling toward this Law School. Two years ago, at the invitation of your Professor Distelhorst, I participated in the Capital Law School program for teaching American law to Japanese lawyers. For five stimulating weeks I enjoyed the intellectual and social company· of Japanese attorneys, while teaching them the outlines of American constitutional law. Twice a week, in the evening, for three continuous hours, and after a full work day, these dedicated lawyers would willingly become students again and suffer patiently through my highly …

A Defense Of The Annenberg Libel Reform Proposal, Rodney A. Smolla

Popular Media

No abstract provided.

Rico's Forfeiture Provision: A First Amendment Restraint On Adult Bookstores, Ana Maria Marin

University of Miami Law Review

No abstract provided.

Free Speech And The "Acid Bath": An Evaluation And Critique Of Judge Richard Posner's Economic Interpretation Of The First Amendment, Peter J. Hammer

Michigan Law Review

Part I of this Note introduces the mechanics of the model Judge Posner has developed to determine whether restrictions upon speech should be upheld. Part II evaluates and critiques Posner's method from an internal perspective. This is first done by examining the theoretical foundations and assumptions of his economic perspective. This part then turns to testing the output and conclusions of the model to determine how successfully the theory can be turned into practice. Part III constitutes an external critique of Posner's model. This part addresses the question of whether the first amendment should be thought of in economic terms. …

Constitutional Law—Freedom Of Speech—Ban On Picketing In Front Of Individual Residence Does Not Violate First Amendment., E. Gregory Wallace

University of Arkansas at Little Rock Law Review

No abstract provided.

Exorcizing Everson, Gerard V. Bradley

Journal Articles

Daniel Dreisbach: Real Threat and Mere Shadow: Religious Liberty and the First Amendment. Crossway Books. 351 pp. $15.00 (paper).

No aspect of constitutional law sports a bigger profile these days than that concerning religion, or "Church and state." Academics debate it prodigiously, lawyers litigate it furiously, and judges issue opinions on the subject with clockwork regularity. But this commotion is hardly esoteric. Pat Robertson's candidacy stirred everyone's emotions precisely because each of us has a strong sense of just how religious politics should be. George Bush clumsily attested to this popular sensitivity. What sustained bomber pilot Bush …

Emotional Distress And The First Amendment: An Analysis Of Hustler V. Falwell, Rodney A. Smolla

Faculty Publications

No abstract provided.

The Apologetics Of Suppression: The Regulation Of Pornography As Act And Idea, Steven G. Gey

Michigan Law Review

The first three parts of this article discuss in detail the relationship between the Supreme Court's obscenity rulings and the academic theories that have been offered to bolster the conclusions reached by the Court in this area. Part IV of the article considers a contrary theory of free expression that requires constitutional protection for the dissemination and possession of pornography. In this section I argue that the present efforts to ban pornography are directly linked to a tolerance model of free expression. The tolerance model, which is usually contrasted with an analytical approach characterized by Holmesian skepticism, necessarily relies upon …

Toward A Universal Standard: Free Exercise And The Sanctuary Movement, Troy Harris

University of Michigan Journal of Law Reform

This Note will first look at the combination of circumstances and beliefs that compel members of the Sanctuary Movement to break the law. Second, it will examine current free exercise doctrine that may provide first amendment protection to Sanctuary workers, concluding that the cases reflect two parallel, yet incompatible, rationales. Following one line of cases, Sanctuary activity should be protected; following the other line, it should be condemned. Third, this Note will resolve the inconsistency of these rationales by proposing a new universal test for free exercise claims. Fourth, it will explore the details of recent cases involving Sanctuary workers …

Public Prayer And The Constitution, Ethan M. Posner

Michigan Law Review

A Review of Public Prayer and the Constitution by Rodney K. Smith

The Believer And The Powers That Are, Elizabeth Ferguson

Michigan Law Review

A Review of The Believer and the Powers That Are by John T. Noonan, Jr.

The History And Culture Of Affirmative Action, Anthony J. Scanlon

BYU Law Review

No abstract provided.

Conference Program

Group Defamation & Freedom of Speech: The Relationship Between Language and Violence (1988)

No abstract provided.

Hazelwood School District V. Kuhlmeier, 108 S. Ct. 562 (1988), Walter E. Forehand

Florida State University Law Review

Constitutional Law-TINKERING WITH TINKER: ACADEMIC FREEDOM IN THE PUBLIC SCHOOLS

Proxy Preclearance And The First Amendment: The Unconstitutionality Of Rule 14a-6, Elizabeth J. Holland

Cardozo Law Review

No abstract provided.

First Amendment Standards For Government Subsidies Of Artistic And Cultural Expression: A Reply To Justices Scalia And Rehnquist, Lionel S. Sobel

Vanderbilt Law Review

May an opera house limit its productions to operas, or must it also show rock musicals? May a municipal theater devote an entire season to Shakespeare, or is it required to book any potential producer on a first come, first served basis?"'" As Professor Kenneth Karst observed in his comment on Southeastern Promotions, the Court's majority "answered these questions with silence."The failure of the Court to respond to Justices Scalia and Rehnquist is puzzling, because in both cases their questions are easily answered. ...

None of these answers, however, would have required a different result in Arkansas Writers' Project or …