First Amendment Commons^™

Aliens In The Marketplace Of Ideas: The Government, The Academy, And The Mccarran-Walter Act, John A. Scanlan

Articles by Maurer Faculty

No abstract provided.

Student Speech—Free Press In High Schools, Michael A. Simons

Faculty Publications

(Excerpt)

Public educators in the United States are expected to pass on to their students—to inculcate in them—the shared values of their community. This communication of values is essential to the continued vitality of American culture and to the social, moral, and political education of students. Yet inculcation of community values cannot be allowed to trample students' individual liberties; public educators must strike a delicate balance between the state's educational interests and the students' rights to self-expression. Although the striking of this balance should initially be left to local educators, when value inculcation impermissibly interferes with students' constitutional rights, courts …

The Politics Of The First Amendment, Steve Bachmann

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Pope V. Illinois: The Reasonable Person As The Supreme Court's Latest Arbiter Of Obscenity, Penny E. Paul

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

Picketing Outside Foreign Embassies is Protected Speech Under the First Amendment and Restrictions on this Speech Must Serve a Compelling Government Interest and be Narrowly Tailored to the Specific Situation--Boos v. Barry, 108S.Ct. 1157 (1988).

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Notions of Comity and the Act of State Doctrine Preclude U.S. Federal Courts from Exercising Jurisdiction over the Actions of Foreign Corporations when Those Actions Constitute a Violation of U.S. Antitrust Laws but are Protected by Legislation in a Foreign Country--O.N.E. Shipping Ltd. v. Flota Mercante Grancolombiana, S.A., 830 F.2d 449 (2d Cir.1987).

Holmes And Brandeis: Libertarian And Republican Justifications For Free Speech, Pnina Lahav

Faculty Scholarship

Writing The Name of the Rose, observed Umberto Eco, made him aware of the "echoes of intertextuality." He discovered what "Homer, Rabelais and Cervantes have always known: . . .books always speak of other books, and every story tells a story that has already been told."' The same applies to political and legal theories: they weave the past into the present. Thus, in articulating justifications for freedom of speech, one may look to modern works such as Milton or John Stuart Mill, or one may reach farther back to Aristotle, Plato or Pericles. The choice of intellectual sources as …

Federal Funds To Religious Groups: Where Are The First Amendment Boundaries?, Neal Devins

Faculty Publications

No abstract provided.

Propaganda, Xenophobia, And The First Amendment, Rodney A. Smolla, Stephen A. Smith

Faculty Publications

No abstract provided.

Trends In First Amendment Protection Of Commercial Speech, Mary B. Nutt

Vanderbilt Law Review

Recent Development:

The first amendment guarantees that "Congress shall make no law... abridging the freedom of speech or of the press."' Over the past few decades, the Supreme Court has applied the first amendment to commercial speech only sporadically. The Court has vacillated between refusing to apply the first amendment, liberally extending first amendment guarantees,4 and applying limited first amendment protections to commercial speech.' This expansion and contraction of first amendment protection stems partly from three factors: (1) the Court's characterization of the speech at issue as commercial or noncommercial, (2) the Court's perception of the relevant regulation as content-based …

The First Amendment And The Ideal Of Civic Courage: The Brandeis Opinion In Whitney V. California, Vincent A. Blasi

Faculty Scholarship

"[T]he working class and the employing class have nothing in common ....” So began the Preamble to the Constitution of the I.W.W., the Industrial Workers of the World. "Between these two classes a struggle must go on until the workers of the World organize as a class, take possession of the earth, and the machinery of production and abolish the wage system." Nicknamed the Wobblies, this group advocated a form of militant unionism built around the ideal of One Big Union embracing all industries. The I.W.W. enjoyed its strongest appeal among the miners, loggers, agricultural laborers, and construction workers of …

Symbols, Perceptions, And Doctrinal Illusions: Establishment Neutrality And The "No Endorsement" Test, Steven D. Smith

Michigan Law Review

Section I of this article briefly describes the emergence and development of the "no endorsement" test. Section II then seeks to show that the test is deficient as doctrine, and thus incapable of providing the clarity and coherence that current doctrine so sorely lacks. Section III considers various likely theoretical justifications for the "no endorsement" proposal, including the justification advanced by Justice O'Connor, and concludes that these justifications, like the test itself, are seriously flawed. This conclusion provokes a question: If the "no endorsement" test is doctrinally deficient and without theoretical justification, why has it elicited such widespread enthusiasm? Section …

Webster V. Doe, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.

The Right To Speak, The Right To Hear, And The Right Not To Hear: The Technological Resolution To The Cable/Pornography Debate, Michael I. Meyerson

All Faculty Scholarship

The advent of cable television presented a new opportunity to consider the competing interests on each side of the free speech/pornography debate. This Article attempts to construct an analysis that will be consistent with Supreme Court teaching on how government, under the first amendment, may constitutionally regulate legal obscenity, particularly in the name of protecting those who wish to avoid exposure to such material.

The Article shows how, unlike earlier battles over technology and pornography, cable television presented the novel opportunity to have a technological rather than a censorial solution to this difficult problem.

Constitutional Law—Freedom Of Speech And Of The Press—Officials May Censor School-Sponsored Student Speech If Censorship Has Valid Educational Purpose, Charles William Burton

University of Arkansas at Little Rock Law Review

No abstract provided.

The First Amendment Jurisprudence Of Judge Robert H. Bork, Michael W. Mcconnell

Cardozo Law Review

No abstract provided.

The Probable Significance Of The Bork Appointment For Issues Of Particular Concern To Women, Mary Ann Glendon

Cardozo Law Review

No abstract provided.

Judge Robert H. Bork's Decisions In Which He Wrote No Opinion: An Analysis Of The Regulatory And Benefit Cases, Robert A. Anthony

Cardozo Law Review

No abstract provided.

The Judicial Performance Of Robert H. Bork In Administrative And Regulatory Law, Richard B. Stewart

Cardozo Law Review

No abstract provided.

The White House Report: Information On Judge Bork's Qualifications, Judicial Record & Related Subjects

Cardozo Law Review

No abstract provided.

Analysis Of Judge Robert H. Bork’S Opinions On Standing, Daniel D. Polsby

Cardozo Law Review

No abstract provided.

Private Possession Of Child Pornography: The Tensions Between Stanley V. Georgia And New York V. Ferber, Susan G. Caughlan

William & Mary Law Review

No abstract provided.

The Press Clause Constructed In Context: The Journalists' Right Of Access To Places, Tom A. Collins

Faculty Publications

No abstract provided.

A Discussion Of The Movement To Desecularize Public Education, Deborah L. Mchenry

West Virginia Law Review

No abstract provided.

A Constitutional Right Of Access To Pretrial Documents: A Missed Opportunity In Reporters Committee For Freedom Of The Press, Daniel J. Kopp

Indiana Law Journal

No abstract provided.

Cable Television Rights Of Way: Technology Expands The Concept Of Public Forum, Lawrence E. Spong

University of Michigan Journal of Law Reform

This Note argues that the public forum analysis is the proper standard for evaluating a cable television company's claim of access to public rights of way. Part I discusses the constitutional basis for this standard. Part II examines the ideological justifications for the public forum doctrine and argues that public rights of way are public forums for cable television purposes. In addition, it explains the application of the public forum doctrine to cable access questions and the doctrine's advantages over other standards.

Restricting Adult Access To Material Obscene As To Juveniles, Ann H. Coulter

Michigan Law Review

This Note considers whether state regulations that restrict juvenile access to material that is obscene as to minors unconstitutionally encroach upon the first amendment rights of adults. Part I briefly describes the Court's opinion in Ginsberg. Part II introduces the "O'Brien analysis" and discusses the aspects of juvenile access restrictions that tend to make O'Brien scrutiny applicable. In this context the frequently relaxed judicial review of governmental restrictions on sexually related material will be discussed. Having concluded that the O'Brien analysis is applicable to access restrictions, Part III applies the test and ultimately concludes that juvenile access restrictions survive …

What Is “An Establishment Of Religion?", William W. Van Alstyne

Faculty Publications

No abstract provided.

Law. Liberalism And Free Speech, M. Sean Laane

Michigan Law Review

A Review of Law, Liberalism and Free Speech by D.F.B. Tucker

Freedom Of Speech, Melissa H. Maxman

Michigan Law Review

A Review of Freedom of Speech by Eric Barendt

Tolerance Theory And The First Amendment, James L. Oakes

Michigan Law Review

A Review of The Tolerant Society: Free Speech and Extremist Speech in America by Lee C. Bollinger