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Articles 7021 - 7050 of 7934
Full-Text Articles in First Amendment
Justice Sanford And Modern Free Speech Analysis: Back To The Future?, Philip J. Prygoski
Justice Sanford And Modern Free Speech Analysis: Back To The Future?, Philip J. Prygoski
Kentucky Law Journal
No abstract provided.
Harper & Row, Publishers, Inc. V. Nation Enterprises: Pirating Unpublished Copyrighted Works: Does The Fair Use Doctrine Vindicate First Amendment Rights, 19 J. Marshall L. Rev. 501 (1986), Stacy Daniels
UIC Law Review
No abstract provided.
Justice Brennan, Due Process And The Freedom Of Speech: A Celebration Of Speiser V. Randall, 20 J. Marshall L. Rev. 7 (1986), George Anastaplo
Justice Brennan, Due Process And The Freedom Of Speech: A Celebration Of Speiser V. Randall, 20 J. Marshall L. Rev. 7 (1986), George Anastaplo
UIC Law Review
No abstract provided.
Constitutional Law-First Amendment-Establishment Clause-Aid To Parochial Schools (Aguilar V. Felton), Sean P. Sullivan
Constitutional Law-First Amendment-Establishment Clause-Aid To Parochial Schools (Aguilar V. Felton), Sean P. Sullivan
NYLS Journal of Human Rights
No abstract provided.
Federal Rule Of Civil Procedure 68: "Settling" The Differences In The Proposed Amendments To The Offer Of Settlement Rule, Nelson Perel
Federal Rule Of Civil Procedure 68: "Settling" The Differences In The Proposed Amendments To The Offer Of Settlement Rule, Nelson Perel
Cardozo Law Review
No abstract provided.
Congressional Power And Free Speech: Levy’S Legacy Revisited, William W. Van Alstyne
Congressional Power And Free Speech: Levy’S Legacy Revisited, William W. Van Alstyne
Faculty Scholarship
No abstract provided.
The Supreme Court’S Public Forum Doctrine And The Return Of Formalism, Keith Werhan
The Supreme Court’S Public Forum Doctrine And The Return Of Formalism, Keith Werhan
Cardozo Law Review
No abstract provided.
First Amendment Restrictions On Title I Programs In Private Schools, Laura Gaston Dooley
First Amendment Restrictions On Title I Programs In Private Schools, Laura Gaston Dooley
Law Faculty Publications
No abstract provided.
Lowe V. Sec: Investment Advisors Act Of 1940 Clashes With First Amendment Guarantees Of Free Speech And Press, Stacy P. Thompson
Lowe V. Sec: Investment Advisors Act Of 1940 Clashes With First Amendment Guarantees Of Free Speech And Press, Stacy P. Thompson
University of Richmond Law Review
In the wake of mounting controversy over whether federal securities laws can withstand first amendment scrutiny, the United States Supreme Court granted certiorari in Lowe v. SEC to consider whether the first amendment prohibits an injunction against publication and distribution of an investment advisory newsletter by an unregistered investment advisor. However, the Court bypassed this constitutional question, and instead adopted a statutory construction of the Investment Advisers Act of 1940 (the "Act") that excluded Lowe's newsletters as "bonafide financial publications" of general circulation under section 80(b)- 2(a)(11)(D). The majority ruled that the petitioners were not investment advisers, and therefore did …
Statements Of Fact, Statements Of Opinion, And The First Amendment, Jeffrey E. Thomas
Statements Of Fact, Statements Of Opinion, And The First Amendment, Jeffrey E. Thomas
Faculty Works
No abstract provided.
When Separate Is Equal: Why Organized Religious Exercises, Unlike Chess, Do Not Belong In The Public Schools (Symposium: Freedom Of Association), Ruti Teitel
Articles & Chapters
No abstract provided.
The Supreme Court’S 1984–85 Church-State Decisions: Judicial Paths Of Least Resistance, Ruti G. Teitel
The Supreme Court’S 1984–85 Church-State Decisions: Judicial Paths Of Least Resistance, Ruti G. Teitel
Articles & Chapters
No abstract provided.
Conflicts Between Copyright And The First Amendment After Harper & Row, Publishers V. Nation Enterprises, David E. Shipley
Conflicts Between Copyright And The First Amendment After Harper & Row, Publishers V. Nation Enterprises, David E. Shipley
Scholarly Works
The relationship between copyright and the first amendment has been discussed repeatedly in the past fifteen years. A free speech privilege has been asserted as a defense in many copyright infringement actions, and the topic has been the subject of lively academic debate. Although no court has held an infringement claim to be defeated by a first amendment defense, considerable attention has been paid to the potential conflict between copyright and free speech interests. Commentators have speculated that in some situations copyright protection could impermissibly abridge the first amendment. The United States Supreme Court's decision in Harper & Row, Publishers …
Public Officials And Libel: In Defense Of New York Times Co. V. Sullivan, Marc A. Franklin
Public Officials And Libel: In Defense Of New York Times Co. V. Sullivan, Marc A. Franklin
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Washington's Ballot Restriction For Minor Party Candidates: When Is A Primary Not A Primary?, Emily Calhoun
Washington's Ballot Restriction For Minor Party Candidates: When Is A Primary Not A Primary?, Emily Calhoun
Publications
No abstract provided.
Freedom Of Speech As Therapy, Pierre Schlag
Life Without "Must Carry": A Preliminary Analysis, Michael Botein
Life Without "Must Carry": A Preliminary Analysis, Michael Botein
Other Publications
No abstract provided.
From Freedom Of Commercial Speech To Consumer's Freewill: Comparative Advertising As A Watchdog Of Consumer's Interests, France Michel
From Freedom Of Commercial Speech To Consumer's Freewill: Comparative Advertising As A Watchdog Of Consumer's Interests, France Michel
LLM Theses and Essays
According to the first amendment’s freedom of commercial speech theory, comparative advertising should represent the ultimate in terms of “right to speak” and “right to listen” in the marketplace of goods. Although the first right is severely regulated by government and private bodies in order to insure a greater protection to consumers exercising the second; this goal is not always achieved. Thanks mainly to the FTC’s initiatives and the support of its private pupils, consumer protection has evolved from “caveat emptor” to “caveat vendor.” The practice of comparative advertising might also make its contribution to the expansion of advertising’s Latin …
Free Exercise And The Values Of Religious Liberty, John H. Garvey
Free Exercise And The Values Of Religious Liberty, John H. Garvey
Scholarly Articles
One thing that has always bothered me about free exercise jurisprudence is that it rests on values we have seldom tried to state, much less justify. In a way this is not surprising. We have only recently abandoned the assumption, which may never have been true, that Americans share a common understanding of language about God and transcendent values. That understanding made it unnecessary to define for nonspeakers a meaning that even believers have trouble putting into words. But today we are probably not "a religious people whose institutions presuppose a Supreme Being-at least not if "religious" is supposed to …
Congressional Power And Free Speech: Levy’S Legacy Revisited, William W. Van Alstyne
Congressional Power And Free Speech: Levy’S Legacy Revisited, William W. Van Alstyne
Faculty Publications
No abstract provided.
Cable Tv's "Must Carry" Rules: The Most Restrictive Alternative - Quincy Cable Tv, Inc. V. Fcc, Robert B. Hobbs Jr.
Cable Tv's "Must Carry" Rules: The Most Restrictive Alternative - Quincy Cable Tv, Inc. V. Fcc, Robert B. Hobbs Jr.
Campbell Law Review
This note first argues that the court correctly applied the least scrutinizing first amendment test to the facts of the case and concluded its inquiry after the rules failed that test. Second, this note argues that the FCC, while once on the correct regulatory path regarding cable, erred by not studying the potential impact of cable television on a case by case basis as the FCC had decided to do with competing broadcasters in Carroll Broadcasting, Inc. v. FCC. Third, this note concludes that the Quincy case will benefit cable operators financially and will provide proper protection of cable …
Obscenity: The Justices' (Not So) New Robes, Michael Kent Curtis
Obscenity: The Justices' (Not So) New Robes, Michael Kent Curtis
Campbell Law Review
The first portion of this article examines obscenity regulation both in the federal arena and in North Carolina and looks briefly at how we got to where we are today. The second part examines the current North Carolina statute and the constitutional problems which are inextricably connected with it. The final section considers directions that the courts (or legislature) should take in consideration of the new North Carolina statute.
The Secular Meaning Behind The Lemon Test: Lynch V. Donnelly
The Secular Meaning Behind The Lemon Test: Lynch V. Donnelly
Touro Law Review
No abstract provided.
The Trial Of John Peter Zenger, Michael E. Tigar
The Trial Of John Peter Zenger, Michael E. Tigar
Faculty Scholarship
No abstract provided.
First Amendment Restrictions On Title I Programs In Private Schools, Laura Dooley
First Amendment Restrictions On Title I Programs In Private Schools, Laura Dooley
Scholarly Works
No abstract provided.
A "Conservative" Judge And The First Amendment: Judicial Restraint And Freedom Of Expression, Daniel O. Conkle
A "Conservative" Judge And The First Amendment: Judicial Restraint And Freedom Of Expression, Daniel O. Conkle
Articles by Maurer Faculty
No abstract provided.
Problems In Search Of Principles: The First Amendment In The Supreme Court From 1791-1930, Howard Hunter
Problems In Search Of Principles: The First Amendment In The Supreme Court From 1791-1930, Howard Hunter
Research Collection Yong Pung How School Of Law
During the past decade scholars have published a tremendous number of articles on the first amendment. Yet with all that has been written about the freedoms of speech, press, assembly, and religion, there remains an urge to read more and to write more. The process seems almost as important as the subject.
Religious Convictions And Lawmaking, Kent Greenawalt
Religious Convictions And Lawmaking, Kent Greenawalt
Michigan Law Review
In Part I, I introduce the subject of liberal democracy, rationality, and religion. I explain briefly why this subject merits our attention. I then indicate variant positions about it and my own summary conclusions. I develop a partial model of our liberal democracy from which the issue can be addressed in context. I next consider two kinds of concrete social issues, consenting sexual acts among adults and the protection of animals and the natural environment. During this treatment I indicate more fully how religious convictions affect judgments about desirable laws, and I analyze the claim that good citizens should not …
Bethel School District No. 403 V. Fraser, Lewis F. Powell, Jr.
Bethel School District No. 403 V. Fraser, Lewis F. Powell, Jr.
Supreme Court Case Files
No abstract provided.
Bowen V. Roy, Lewis F. Powell Jr.