First Amendment Commons^™

An Excess Of Access: The Cable Communications Policy Act Of 1984 And First Amendment Protection Of Editorial Discretion, Adam R. Spilka

Cardozo Law Review

No abstract provided.

Conflicts Between Copyright And The First Amendment After Harper & Row, Publishers V. Nation Enterprises, David E. Shipley

BYU Law Review

No abstract provided.

Corporation Of The Presiding Bishop Of The Church Of Jesus Christ Of Latter-Day Saints V. Amos, Lewis F. Powell Jr

Supreme Court Case Files

No abstract provided.

Board Of The Airport Commissioners Of The City Of Los Angeles V. Jews For Jesus, Inc., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Celebrities And The First Amendment: Broader Protection Against The Unauthorized Publication Of Photographs, D. Scott Gurney

Indiana Law Journal

No abstract provided.

Expanding The Scarcity Rationale: The Constitutionality Of Public Access Requirements In Cable Franchise Agreements, Debora L. Osgood

University of Michigan Journal of Law Reform

This Note argues that public access requirements should be upheld because they are constitutional and because they further the goals of the first amendment. As background for the debate over public access, Part I provides a brief description of cable television's history and regulation and discusses the case law concerning public access requirements. Part II examines the nature of the first amendment interests at stake in public access requirements. Before resolving the question of which interests should be protected, Part III argues that an expanded scarcity rationale should be used to justify cable regulation under the first amendment. Part IV …

Public Access To Civil Court Records: A Common Law Approach, Ronald D. May

Vanderbilt Law Review

Courts have long recognized a general common law right of access to courtroom proceedings' and court records. Recently, however, courts have begun to consider whether the first amendment of the Constitution protects this right of access. In 1980 the United States Supreme Court in Richmond Newspapers, Inc. v. Virginia held that the press and the public have a first amendment right to attend criminal trials. The Supreme Court found this right implicit in the various clauses of the first amendment. Although the Supreme Court has taken few opportunities since Richmond Newspapers to define precisely the contours of the first amendment …

En El Nombre De Dios--The Sanctuary Movement: Development And Potential For First Amendment Protection, Carl W. Levander

West Virginia Law Review

No abstract provided.

The First Freedom. By Bryce W. Rucker, Francis Robinson, Jr.

Washington and Lee Law Review

No abstract provided.

Free Speech And Corporate Freedom: A Comment On First National Bank Of Boston V. Bellotti, Carl E. Schneider

Articles

The corporation was born in chains but is everywhere free. That freedom was recently affirmed by the United States Supreme Court in First National Bank of Boston v. Bellotti. In Bellotti, the Court overturned a Massachusetts criminal statute forbidding banks and business corporations to make expenditures intended to influence referenda concerning issues not "materially affecting" the corporation's "property, business, or assets." In doing so, the Court confirmed its discovery that commercial speech is not unprotected by the first amendment and announced a novel doctrine that corporate speech is not unprotected by the first amendment. Although several years have …

Tort Claims Against Churches And Ecclesiastical Officers: The First Amendment Considerations, Carl H. Esbeck

West Virginia Law Review

No abstract provided.

New Rules For Zoning Adult Uses: The Supreme Court's Renton Decision, Alan Weinstein

Law Faculty Articles and Essays

This term, for the third time in 10 years, the U.S. Supreme Court considered the validity of zoning that restricts the location or operation of businesses that trade in sexually oriented books, magazines, movies, or entertainment. Restrictions on such "adult businesses" raise serious constitutional issues because the First Amendment's guarantee of freedom of speech extends to sexually oriented media so long as the material is not considered obscene. In the latest case, City of Renton v. Playtime Theatres, 106 S.Ct. 925 (1986), 38 ZD 258, the Court upheld a zoning ordinance that limited the location of theaters exhibiting adult movies …

A Moment Of Silence: A Permissible Accommodation Protecting The Capacity To Form Religious Belief, Andrew Woodbridge Hall

Indiana Law Journal

No abstract provided.

On Evidences And Intentions: The More Proof, The More Doubt, Carol Weisbrod

Faculty Articles and Papers

No abstract provided.

Federal Court Interpretation Of The Washington Obscenity Statute—Brockett V. Spokane Arcades, Inc., 105 S. Ct. 2794 (1985), Amy L. Swingen

Washington Law Review

A recent series of federal court decisions regarding an obscenity statute in the State of Washington provides an example of the context in which the state-federal conflict arises and the impact of the use of the various alternatives. In Brockett v. Spokane Arcades, Inc., the federal district court, the Ninth Circuit, and the Supreme Court ignored the efficient procedural solution of certification, and rejected the more time-consuming abstention as well. The question before the court involved the definition of obscenity. By refusing to allow the Washington Supreme Court to interpret the word "lust" for purposes of the state's newly enacted …

Teaching Constitutional Law: Role-Playing The Supreme Court, David S. Day

Journal of Legal Education

No abstract provided.

Intentional Infliction Of Emotional Distress By Spiritual Counselors: Can Outrageous Conduct Be "Free Exercise"?, Lee W. Brooks

Michigan Law Review

Part I explains the extent to which courts are competent to decide the threshold question of whether particular conduct is religious. Part II describes the balancing test put forward by the Supreme Court for evaluating free exercise claims, and derives criteria relevant to spiritual counseling from cases involving such claims. Part III summarizes the pertinent criteria and reviews the ways they may be employed to systematize the treatment of spiritual counseling cases.

Religion And The Burger Court, Rex E. Lee

Michigan Law Review

A Review of Religion, State and the Burger Court by Leo Pfeffer

Levy Vs. Levy, David A. Anderson

Michigan Law Review

A Review of Emergence of a Free Press by Leonard W. Levy

Interpretations Of The First Amendment, Abner S. Greene

Michigan Law Review

A Review of Interpretations of the First Amendment by

Broadcasters' First Amendment Rights: A New Approach?, L. Allyn Dixon, Jr.

Vanderbilt Law Review

The passage of the Public Broadcasting Act of 1967 offered the blueprint for the modern system of public broadcasting and regulation and largely freed noncommercial broadcasting to become a viable alternative to the commercial broadcasting" offered by the three national networks. Since becoming intimately involved in noncommercial broadcasting by providing partial funding, the federal government has imposed regulations on noncommercial broadcasters far more rigid than the restrictions imposed on commercial broadcasters. Recently, however, in a decision that some might regard as heralding greater equality between the first amendment rights of commercial and noncommercial broadcasters and continuing the trend toward loosening …

A Unifying Theory For The Religion Clauses Of The First Amendment, Thomas R. Mccoy, Gary A. Kurtz

Vanderbilt Law Review

According to Justice Powell, the first amendment religion clauses are the source of "some of the most perplexing questions"that the Supreme Court confronts. In a long and rapidly expanding line of religion clause cases the Court has struggled, with a conspicuous lack of success, to articulate principles of broad applicability. The Court's efforts to date have resulted in a jumble of tests, standards, and theoretical approaches from which predicting the outcome in future cases is very difficult.

The conceptual problems that have frustrated the Court's attempts at doctrinal development center in two broad areas: first,the meaning and effect of the …

Developments In Civil Liberties: 1984-85 Term, Ivan E. Bodensteiner, Rosalie Levinson

Law Faculty Publications

No abstract provided.

Published Consentless Sexual Portrayals: A Proposed Framework For Analysis, Ruth Colker

Buffalo Law Review

No abstract provided.

The Concept Of Religion In State Constitutions, Kent Greenawalt

Campbell Law Review

The two central questions I address are the following: (1) If my claims about interpreting the federal constitution are sound, are they also intrinsically sound for state constitutions that contain different language? (2) Is it always, or sometimes, essentially self-defeating for state courts to define religion in a way different from what is embodied in federal law?

Greenmoss Builders, Inc. V. Dun & (And) Bradstreet Inc. Invites Controversy, 19 J. Marshall L. Rev. 929 (1986), Elmer Gertz

UIC Law Review

No abstract provided.

The Clergy-Penitent Privilege And The Child Abuse Reporting Statute: Is The Secret Sacred, 19 J. Marshall L. Rev. 1031 (1986), Kathryn Keegan

UIC Law Review

No abstract provided.

Zauderer V. Office Of Disciplinary Counsel: Refining The Regulation Of Attorney Advertising, Brent P. Copenhaver

West Virginia Law Review

No abstract provided.

The Sanctuary Movement: Above The Law Or Beyond It's Reach?, Dennis P. Riordan

NYLS Journal of Human Rights

No abstract provided.

The Forgotten Hatred: Anti-Catholicism In Modern America, Stephen L. Barry

NYLS Journal of Human Rights

No abstract provided.