First Amendment Commons^™

The Supreme Court's Limiting Of First Amendment Protection For Defendants In Defamation Cases, Gregory L. Hughes

North Carolina Central Law Review

No abstract provided.

Racism In Great Britain: Drawing The Line On Free Speech, Kenneth Lasson

All Faculty Scholarship

On any given Sunday in Hyde Park, London's huge urban sanctuary of tailored ponds and manicured gardens, one is likely to hear outrageous and provocative public utterances about race and religion. A few of those venting their spleen here are practicing rhetoricians, a few are clearly acting-but others are absolutely sincere in their hatemongering and passionate in their vilification. All of them are focal points for assembled spectators of varying classes, many of whom are professional hecklers. The police, milling about to put down possible disturbances of the peace, are seldom called upon to quell roused rabble. Thus is this …

Abortion, Protest, And Constitutional Protection—Bering V. Share, 106 Wn. 2d 212, 721 P.2d 918 (1986), Carrie Miller

Washington Law Review

In Bering v. Share, the Washington Supreme Court upheld a broad injunction against the activities of Share, an anti-abortion activist group. The court found that a restriction of Share's free speech rights was necessary to protect children from the harmful effects of Share's language, and to protect the constitutional right to abortion. Consequently, the court restricted Share's use of the words "murder" and "kill," and limited Share's picketing to the side of the medical building. This Note assesses the Bering court's federal constitutional foundation for its restrictions of protected speech, and suggests an alternative basis and reduced scope for the …

"In Stark Contravention Of Its Purpose": Federal Communications Commission Enforcement And Repeal Of The Fairness Doctrine, Michael J. Bolton

University of Michigan Journal of Law Reform

This Note analyzes current FCC policy to determine whether the agency violated its statutory purpose and acted unlawfully by restricting and later repealing the fairness doctrine. Because the Commission's attack on the doctrine has been based, in part, on conclusions drawn from the doctrine's history, Part I examines prior FCC enforcement of the fairness doctrine. Part II views the Commission's contemporary enforcement and repeal of the doctrine. Finally, Part III assesses Commission action in light of its legislative mandate and administrative law standards of judicial review to conclude that the FCC both violated its administrative responsibilities by deemphasizing enforcement of …

American Indian Sacred Religious Sites And Government Development: A Conventional Analysis In An Unconventional Setting, Mark S. Cohen

Michigan Law Review

For centuries, American Indians have regarded specific lands as essential to their livelihood, government, culture, and religion. Congress and the courts have at times recognized the important relationship between tribes and their lands. Recognition has not always coincided with protection; during the nineteenth century and part of the twentieth century a series of governmental actions resulted in the tribes surrendering title and possession to many of their ancestral lands. Recently, however, American Indians have become increasingly active litigants in a variety of contexts. In one set of cases, Indians challenged government development projects on public lands, contending that because the …

Freedom Of Speech And Holocaust Denial, Gerald Tishler

Cardozo Law Review

No abstract provided.

Freedom Of Speech And Racism, David Kretzmer

Cardozo Law Review

No abstract provided.

Taking Libel Reform Seriously, Rodney A. Smolla

Scholarly Articles

Not available.

Church And State: Explorations, George Anastaplo

Loyola University Chicago Law Journal

No abstract provided.

Expensive Speech, Neil Skene

Florida State University Law Review

SUING THE PRESS: LIBEL, THE MEDIA, AND POWER. By Rodney Smolla. New York: Oxford University Press. 1986. Pp. 277.

Scarlet Letter Lawsuits: Private Affairs And Public Judgments, Lynn Buzzard

Campbell Law Review

This article will review the legal issues related to church discipline which are raised by Guinn v. Church of Christ of Collinsville. Part II will provide an overview of the general legal bases for church rights of internal control and discipline in associational and first amendment law. Part III will note the traditional limited scope of tort claims, and defenses to them, raised in church discipline cases. Part IV will note the newer claims grounded in the modern torts of invasion of privacy and infliction of emotional distress as represented by Guinn in church discipline-related suits. Part V will suggest …

Kemner V. Monsanto Company: The Illinois Supreme Court Confronts The Free Speech/Fair Trial Controversy, 20 J. Marshall L. Rev. 581 (1987), Thomas K, Pfister

UIC Law Review

No abstract provided.

The "Political Propaganda" Label Under Fara: Abridgement Of Free Speech Or Legitimate Regulation?, Farrokh Jhabvala

University of Miami Law Review

No abstract provided.

Book Review: The Tolerant Society: Freedom Of Speech And Extremist Speech In America, Abner J. Mikva

University of Baltimore Law Review

No abstract provided.

"Secular Humanism": A Blight On The Establishment Clause, Linda Eigner

Loyola University Chicago Law Journal

No abstract provided.

Stanley + Ferber = The Constitutional Crime Of At-Home Child Pornography Possession, Josephine R. Potuto

Kentucky Law Journal

No abstract provided.

The Signal Cable Sends-Part I: Why Can't Cable Be More Like Broadcasting?, Laurence H. Winer

Maryland Law Review

No abstract provided.

The First Amendment And The Postal Service Subscriber Requirement: Constitutional Problems With Denying Equal Access To The Postal System, Elizabeth Gorman

University of Richmond Law Review

Second-class mail rates are available only to publications that distribute one- half or more of all circulated copies either to paying subscribers or to persons who have requested that the publication be sent to them. A publication that distributes more than half of its copies free of charge to persons who have not specifically requested copies must pay the higher third-class rate. As a result, the lower rate is denied to many community newspapers and to publications designed to win converts to a political cause or religious faith. This article argues that the Postal Service's unequal treatment of publications without …

Macpherson V. Irs: A Dilution Of First Amendment Rights In Favor Of Expanded Federal Agency Law Enforcement Powers, 20 J. Marshall L. Rev. 795 (1987), Steven W. Jacobson

UIC Law Review

No abstract provided.

The Hybridization Of The Content-Neutral Standards For The Free Speech Clause, David Day

Faculty Publications

No abstract provided.

The Integration Of Spiritual And Temporal, Leslie C. Griffin

Scholarly Works

No abstract provided.

Standing In The Need Of Prayer? The Supreme Court On James Madison And Religious Liberty, Jonathan Van Patten

Faculty Publications

No abstract provided.

The Establishment Clause: Religion And The First Amendment, Gerard V. Bradley

Journal Articles

The Establishment Clause: Religion and the First Amendment. By Leonard W. Levy. New York: Macmillan Publishing Company, 1986. 236 pp. $16.95.

With this book the author of seminal works on freedom of the press and the privilege against self-incrimination focuses his considerable talents upon perhaps the most nagging constitutional problem of all: church and state. Leonard Levy's sights are clearly fixed upon Ronald Reagan, William Rehnquist, and other "nonpreferentialists," whom he arraigns on charges of willfully distorting history to buttress their conservative political views on school prayer and aid to parochial schools.

Philadelphia Newspapers V. Hepps: Unanswered Defamation Questions, John L. Diamond

Faculty Scholarship

No abstract provided.

Cable Television's New Legal Universe: Early Judicial Response To The Cable Act, Michael I. Meyerson

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Old Franchises Never Die? Denying Renewal Under The First Amendment And The Cable Act, Joseph Van Eaton

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Teaching Tolerance, Robert F. Nagel

Publications

No abstract provided.

Has The First Amendment Arrived For Broadcasting?, Tom A. Collins

Faculty Publications

No abstract provided.

Book Review. Church-State Relationships In America By Gerald V. Bradley, Richard M. Fraher

Articles by Maurer Faculty

No abstract provided.

The Teaching Function Of The First Amendment, Vincent A. Blasi

Faculty Scholarship

In this important book, Professor Bollinger seeks to understand and remedy the inadequacy he perceives in the way our legal culture deals with extremist speech. He argues that the high level of protection the first amendment has been construed to require serves a social function that has not been fully recognized or carefully evaluated. His thesis is that the contemporary social function of the idea of freedom of speech is to help the society develop a general capacity for tolerance, a capacity that determines how we respond to many forms of conduct as well as speech. Once this function is …