First Amendment Commons^™

Property And Personal Privacy: Interrelationship, Abandonment And Confusion In The Path Of Judicial Review, 18 J. Marshall L. Rev. 847 (1985), Kenneth Mott, Lovette Mott

UIC Law Review

No abstract provided.

The Constitution And Informational Privacy, Or How So-Called Conservatives Countenance Governmental Intrustion Into A Person's Private Affairs, 18 J. Marshall L. Rev. 871 (1985), Michael P. Seng

UIC Law Review

No abstract provided.

Comment: Zauderer V. Office Of Disciplinary Counsel, Geoffrey R. Watson

Scholarly Articles

No abstract provided.

Toward A General Theory Of Church-State Relations And The First Amendment, Carl H. Esbeck

Faculty Publications

Although government intervention in religious affairs is a new and understandably worrisome experience for many American churches, history instructs us that the confrontation is not novel. We can find some comfort in the fact that this double wrestle of state with church and state with individual believers is a perennial match. After all, it has been nearly sixty years since a brutish measure in Oregon making parochial school education unlawful had to be sidelined by the United States Supreme Court in Pierce v. Society of Sisters.' Over forty-five years ago the Supreme Court decided Lovell v. City of Griffin, snuffing …

Attitudinal And Legal Factors In Professional Advertising, Ruth Bogatyrow Kraft

Journal of Law and Health

This Article is concerned with advertising by professionals, a phenomenon which has taken on greater importance and become more controversial as its impact has grown over the past decade. Part II of this Article discusses the legal precedents which permitted the development of professional advertising in general. In Part III the body of literature concerning professional and consumer attitudes towards promotional behavior is reviewed. Part IV presents and evaluates the initial results of a survey of plastic surgeons. The promotional attitudes of plastic surgeons are an especially interesting subject of study, as advertising by this medical sub-specialty presents in a …

Constitutional Law - First Amendment - Public Has Right Of Access To Civil Proceedings, Wendy L. Bell

Villanova Law Review (1956 - )

No abstract provided.

Identifying The Rape Victim: A Constitutional Clash Between The First Amendment And The Right To Privacy, 18 J. Marshall L. Rev. 987 (1985), Ellen B. Fishbein

UIC Law Review

No abstract provided.

Student Publications, The First Amendment, And State Speech, T. D. Buckley Jr.

Cleveland State Law Review

The lower federal courts and state courts have been applying the first amendment in student press cases arising at public colleges and high schools since 1967. But ordinary first amendment analysis is inadequate in most student press disputes. As a result the courts in some cases have been unable to articulate satisfactorily the bases for good decisions. And in other cases the real issues generated in student press litigations have been ignored. This Article evaluates the cases so far decided, and proposes a new approach to student press disputes which would rationalize what the courts have intuitively done correctly in …

Obscene Telephone Calls: An Introduction To The Reading Of Statutes, Reed Dickerson

Articles by Maurer Faculty

Members of the legal profession continually confront problems of statutory interpretation. Unfortunately, most lawyers have been inadequately trained to read and to draft statutes, resulting in poorly reasoned judicial decisions and policy choices.

In this Article, Professor Dickerson explores common problems associated with statutory interpretation. In exploring these problems, he describes the cognitive process involved in reading a statute and the large fund of tacit assumptions that condition this process. Through a case study analysis, he suggests a method of approaching problems of statutory interpretation.

The Civil Rights Pornography Ordinances--An Examination Under The First Amendment, Valerie J. Hamm

Kentucky Law Journal

No abstract provided.

Smoke In The Air: Commercial Speech And Broadcasting, David S. Welkowitz

Cardozo Law Review

No abstract provided.

1983-84 Current Developments In Civil Liberties, Ivan E. Bodensteiner, Rosalie Levinson

Law Faculty Publications

No abstract provided.

Creationism, Evolution And The First Amendment: The Limits Of Constitutionally Permissible Scientific Inquiry, Nancy Levit

Faculty Works

No abstract provided.

Supreme Court Report: Five Wins And Nine Losses For Free Speech Fans, Joel Gora

Faculty Scholarship

No abstract provided.

Cablespeech For Whom?, Mark S. Nadel

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Infliction Of Harm Through The Publication Of Fiction: Fashioning A Theory Of Liability, Paul A. Lebel

Faculty Publications

No abstract provided.

The First Amendment And Distributional Voting Rights Controversies, Emily M. Calhoun

Publications

No abstract provided.

Rules And Standards, Pierre Schlag

Publications

No abstract provided.

Book Review, Pierre Schlag

Publications

No abstract provided.

Book Review Of Reconsecrating America, By George Goldberg, Ruti G. Teitel

Other Publications

No abstract provided.

Note: Exit Polls And The First Amendment, Geoffrey R. Watson

Scholarly Articles

This Note examines the constitutionality and the wisdom of these state laws and congressional proposals. Part I traces the history of exit polls and election-night projections. Part II argues that restrictions on the collection or dissemination of exit poll data, whether designed to prevent disruption at the voting area or to protect the integrity of the vote, violate the first amendment. Part III concludes that a uniform poll-closing time coupled with voluntary network restraint would both allay legitimate concerns about election-night predictions and comport with first amendment values.

Beauty Conquers The First Amendment - Members Of The City Of Los Angeles V. Taxpayers For Vincent, Elaine J. Strickland

Campbell Law Review

This note will demonstrate that Taxpayers may too easily empower local governments to ban "unpleasant formats" of communication in their efforts to beautify the community without first offering sufficient evidence that the infringement on the first amendment is necessary.

Constitutional Fact Review, Henry Paul Monaghan

Faculty Scholarship

Bose Corp. v. Consumers Union of United States held that the clearly erroneous standard of Federal Rule of Civil Procedure 52(a) does not prescribe the scope of appellate review of a finding of actual malice in defamation cases governed by New York Times Co. v. Sullivan. Rather, as a matter of "federal constitutional law," appellate courts "must exercise independent judgment and determine whether the record establishes actual malice with convincing clarity." Thus, in addition to the familiar judicial duty to "say what the law is," the first amendment imposes a special duty with respect to law application: both …

The Pathological Perspective And The First Amendment, Vincent A. Blasi

Faculty Scholarship

Constitutions are designed to control, or at least influence, future events – political events, adjudicative events, to some extent even interactions between private parties. Yet the future is unknowable, largely unpredictable, and inevitably variable. At any moment there exists a short-run future, a long-run future, and a future in between. The future is virtually certain to contain some progress, some regression, some stability, some volatility. How is a constitution supposed to operate upon this vast panoply?

That is a question that ought to loom large in the deliberations of persons who propose and ratify new constitutions and new constitutional amendments. …

Religious Convictions And Lawmaking, Kent Greenawalt

Faculty Scholarship

In this Article, presented as the 1985-86 Thomas M. Cooley Lectures at the University of Michigan School of Law on March 10-12, 1986, Professor Greenawalt addresses the role that religious conviction properly plays in the liberal citizen's political decisionmaking in a liberal democratic society. Rejecting the notion that all political questions can be decided on rational secular grounds, Professor Greenawalt argues that the liberal democratic citizen may rely on his religious convictions when secular morality is unable to resolve issues critical to a political decision. The examples of animal rights and environmental protection, abortion, and welfare assistance illustrate situations where …

Motivation, Rationality, And Secular Purpose In Establishment Clause Review, Frederick Mark Gedicks

Faculty Scholarship

No abstract provided.

Administrative Regulation Of The High School Press, Michigan Law Review

Michigan Law Review

This Note examines the constitutional limits on administrative regulation of publications by and for public high school students. Part I discusses the widely divergent standards adopted by different circuits. Part II describes the hard line the Supreme Court has taken against restraints on free expression in the adult context and the different circumstances that justify limiting freedom of expression in high schools. Part III discusses the timing of administrative regulation of student speech. This Part argues that prior restraint is constitutionally acceptable and, in fact, preferable to subsequent punishment so long as its use is governed by proper criteria. Part …

Backing Off Bivens And The Ramifications Of This Retreat For The Vindication Of First Amendment Rights, Joan Steinman

Michigan Law Review

In Part I of this Article, Chappell and Bush are analyzed against the backdrop of the preceding Bivens cases. The analysis explains how these cases presented situations that were similar to one another but unlike any the Supreme Court previously had faced in Bivens cases. It demonstrates how the Court departed from the line of analysis that its previous Bivens cases had established, in a way that makes it more difficult for at least some plaintiffs seeking vindication of their constitutional rights to succeed in having a money damage remedy implied directly under the Constitution. The Article then argues that …

Tension Between The First And Twenty-First Amendments In State Regulation Of Alcohol Advertising, Brian S. Steffey

Vanderbilt Law Review

This Recent Development examines the tension between the first and twenty-first amendments when a state uses its twenty-first amendment power to regulate advertisements of alcoholic beverages that qualify for first amendment protection. Part II of this Recent Development explores the Court's standard of review in cases in which the twenty-first amendment impinges upon a fourteenth amendment right. Part II also reviews the scope of constitutional protection that the first amendment accords commercial speech. Part III examines three recent cases in which states have regulated alcohol advertising. Part IV criticizes these decisions for misapplying the appropriate standard and for relying extensively …

Commercial Speech Concerning Unlawful Conduct: A Clear And Present Danger, Richard L. Barnes

BYU Law Review

No abstract provided.