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Articles 7171 - 7200 of 7934
Full-Text Articles in First Amendment
Secondary Consumer Picketing, Statutory Interpretation And The First Amendment, Michigan Law Review
Secondary Consumer Picketing, Statutory Interpretation And The First Amendment, Michigan Law Review
Michigan Law Review
This Note examines both the statutory and constitutional implications of Safeco and Tree Fruits. It suggests that the confusion surrounding existing Board and court interpretations of section 8(b)(4)(ii)(B) stems from the Supreme Court's failure to assess realistically the impact that consumer picketing has on secondary businesses, as well as the Court's refusal to examine the objectives of unions that resort to secondary picketing.
Cable Franchising And The First Amendment, William E. Lee
Cable Franchising And The First Amendment, William E. Lee
Vanderbilt Law Review
In awarding and regulating cable franchises, cities often extract from cable operators promises and conditions such as access channels in exchange for exclusive use of public rights-of-way. Professor William Lee in this Article argues that this cable franchising process violates the first amendment rights of cable operators. Professor Lee rejects the two rationales for municipal cable regulation by contending that cable is not a natural monopoly in every market and that cable's use of public rights-of-way requires content neutral regulation. The exacting of conditions such as access channels, however, is not content neutral regulation. Furthermore, censorship decisions that municipalities require …
Florida Defamation Law And The First Amendment: Protecting The Reputational Interests Of The Private Individual, Joseph Kent Brown
Florida Defamation Law And The First Amendment: Protecting The Reputational Interests Of The Private Individual, Joseph Kent Brown
Florida State University Law Review
No abstract provided.
Constitutional Law—First Amendment Right Of Access To Criminal Trials, C. Lyn Peeples
Constitutional Law—First Amendment Right Of Access To Criminal Trials, C. Lyn Peeples
University of Arkansas at Little Rock Law Review
No abstract provided.
Soliciting Sophisticates: A Modest Proposal For Attorney Solicitation, Victor P. Filippini Jr.
Soliciting Sophisticates: A Modest Proposal For Attorney Solicitation, Victor P. Filippini Jr.
University of Michigan Journal of Law Reform
This Note advocates an amendment to the ethical standards governing attorneys that will permit the personal solicitation for pecuniary gain of sophisticated prospective clients - that is, those persons having general knowledge of their legal needs and the expertise to assess adequately the information and presentation of an attorney. Part I of this Note shows that lawyer solicitation is a form of commercial speech under recent Supreme Court decisions. It also asserts that, though the traditional reasons for banning lawyer solicitation still have some validity, these reasons do not justify prohibiting the solicitation of sophisticated clients. Part II suggests some …
Speech And Law In A Free Society, Michigan Law Review
Speech And Law In A Free Society, Michigan Law Review
Michigan Law Review
A Review of Speech and Law in a Free Society by Franklyn S. Haiman
The First Amendment Reconsidered: New Perspectives On The Meaning Of Freedom Of Speech And Press, Michigan Law Review
The First Amendment Reconsidered: New Perspectives On The Meaning Of Freedom Of Speech And Press, Michigan Law Review
Michigan Law Review
A Review of The First Amendment Reconsidered: New Perspectives on the Meaning of Freedom of Speech and Press edited by Bill F. Chamberlin and Charlene J. Brown
Problems In Giving Obscenity Copyright Protection: Did Jartech And Mitchell Brothers Go Too Far?, Kurt L. Schmalz
Problems In Giving Obscenity Copyright Protection: Did Jartech And Mitchell Brothers Go Too Far?, Kurt L. Schmalz
Vanderbilt Law Review
This Recent Development traces in part II the emergence of the rule that obscenity is not copyrightable. Part III then examines the courts' reasoning in Mitchell Brothers and Jartech and analyzes the impact of these cases on copyright law. Part IV finds that although these courts properly vindicate free expression, they fail to recognize adequately the national policy against obscenity and the inconsistency of affording federal copyright protection to materials that violate federal obscenity laws. Thus, this Recent Development argues that the strong national policy against obscenity, as manifested in federal anti-obscenity statutes, requires courts in some cases to deny …
Note, Content Regulation And The Dimensions Of Free Expression, Steven J. Heyman
Note, Content Regulation And The Dimensions Of Free Expression, Steven J. Heyman
All Faculty Scholarship
No abstract provided.
Content Regulation And The First Amendment, Geoffrey R. Stone
Content Regulation And The First Amendment, Geoffrey R. Stone
William & Mary Law Review
No abstract provided.
Civil Liberties: Current Developments In The Seventh Circuit Regarding First Amendment, Procedural Due Process, Employment Discrimination And The Enforcement Of Civil Rights, Ivan E. Bodensteiner, Rosalie Levinson
Civil Liberties: Current Developments In The Seventh Circuit Regarding First Amendment, Procedural Due Process, Employment Discrimination And The Enforcement Of Civil Rights, Ivan E. Bodensteiner, Rosalie Levinson
Law Faculty Publications
No abstract provided.
The Origins Of Freedom Of Speech And Press, David S. Bogen
The Origins Of Freedom Of Speech And Press, David S. Bogen
Faculty Scholarship
No abstract provided.
Let The Author Beware: The Rejuvenation Of The American Law Of Libel, Rodney A. Smolla
Let The Author Beware: The Rejuvenation Of The American Law Of Libel, Rodney A. Smolla
Scholarly Articles
Not available.
The Future Of Defamation In Illinois After Colson V. Steig And Chapski V. The Copley Press, Inc., Rodney A. Smolla, Linda A. Malone
The Future Of Defamation In Illinois After Colson V. Steig And Chapski V. The Copley Press, Inc., Rodney A. Smolla, Linda A. Malone
Scholarly Articles
None available.
New York V. Ferber, 50 U.S.L.W. 5077 (U.S. July 2, 1982), Eric L. Dauber
New York V. Ferber, 50 U.S.L.W. 5077 (U.S. July 2, 1982), Eric L. Dauber
Florida State University Law Review
Constitutional Law-CHILD PORNOGRAPHY: A NEW EXCEPTION TO THE FIRST AMENDMENT
Free Speech And The Assumption Of Rationality, Frederick Schauer
Free Speech And The Assumption Of Rationality, Frederick Schauer
Vanderbilt Law Review
First amendment doctrine is now both broad and complex, and the task of writing about all of it seems at least forbidding and perhaps impossible. Unthwarted by the magnitude of the mission, however, Franklyn Haiman has attempted, in Speech and Law in a Free Society,7 to survey and to integrate almost every area in which the first amendment restricts or should restrict the powers of the states and the federal government. Haiman's book is in some ways reminiscent of Thomas Emer-son's The System of Freedom of Expression." Like Emerson,Haiman devotes only a relatively brief introductory portion of his book to …
Freedom Of Association And State Regulation Of Delegate Selection: Potential For Conflict At The 1984 Democratic National Convention, Platte B. Moring, Iii
Freedom Of Association And State Regulation Of Delegate Selection: Potential For Conflict At The 1984 Democratic National Convention, Platte B. Moring, Iii
Vanderbilt Law Review
This Note begins with a discussion of the history of the regulation of state parties by state law and national party rules. The Note then traces the development of case law concerning state regulation of party delegate selection procedures. Finally, the Note explores the potential for credentials disputes and litigation on the primacy of state party rules over contrary state laws if both the party rules and the state regulations comply with the Delegate Selection Rules for the 1984 Democratic National Convention. The Note concludes that the first amendment right of freedom of association guarantees that a state party may …
Constitutional Law - Freedom Of Speech - Township Ordinance Prohibiting Distribution Of Advertising Materials By Depositing Them On Premises Without Homeowner's Consent Violates The First And Fourteenth Amendments, J. Gordon Cooney Jr.
Villanova Law Review (1956 - )
No abstract provided.
The Origins Of Freedom Of Speech And Press, David S. Bogen
The Origins Of Freedom Of Speech And Press, David S. Bogen
Maryland Law Review
No abstract provided.
Constitutional Law - Free Press/Fair Trial - The Public Has A First Amendment Right Of Access To Pretrial Suppression, Due Process, And Entrapment Hearings, Stephen V. Siana
Constitutional Law - Free Press/Fair Trial - The Public Has A First Amendment Right Of Access To Pretrial Suppression, Due Process, And Entrapment Hearings, Stephen V. Siana
Villanova Law Review (1956 - )
No abstract provided.
Constitutional Law - Freedom Of Speech - Since The Meadowlands Sports Complex Is Not A Public Forum, The Prohibition Of All Literature Distribution And Fund Solicitation By Outside Organizations Does Not Violate The First Amendment, Nancy H. Paterson
Villanova Law Review (1956 - )
No abstract provided.
Constitutional Law - First Amendment - State Licensing Regulation Which Delegates Veto Power To A Church Over The Approval Of Liquor Licenses Within A Specified Distance Of Such Church Violates The Establishment Clause, Mark C. Levy
Villanova Law Review (1956 - )
No abstract provided.
Constitutional Law - First Amendment - A Statute That Permits A Tax Deduction For Public As Well As Nonpublic School Tuition And Related Expenses Does Not Violate The Establishment Clause Of The First Amendment, J. Edward Goff
Villanova Law Review (1956 - )
No abstract provided.
Constitutional Law - Freedom Of Speech - Since Advertising Display Areas In Federally-Owned Airports Are Public Forums, The Government's Prohibition Of Political Advertisements Violates The First Amendment, Karen L. Masterson
Villanova Law Review (1956 - )
No abstract provided.
An Absolutism That Works: Reviving The Original “Clear And Present Danger” Test, 8 S. Ill. U. L.J. 127 (1983), Donald L. Beschle
An Absolutism That Works: Reviving The Original “Clear And Present Danger” Test, 8 S. Ill. U. L.J. 127 (1983), Donald L. Beschle
UIC Law Open Access Faculty Scholarship
No abstract provided.
Municipal Zoning Restrictions On Adult Entertainment: Young, Its Progeny, Indianapolis' Commercial Special Exceptions Ordinance,, Kenneth L. Turchi
Municipal Zoning Restrictions On Adult Entertainment: Young, Its Progeny, Indianapolis' Commercial Special Exceptions Ordinance,, Kenneth L. Turchi
Indiana Law Journal
No abstract provided.
The Flag Salute Cases And The First Amendment, Stephen W. Gard
The Flag Salute Cases And The First Amendment, Stephen W. Gard
Law Faculty Articles and Essays
The flag salute cases have been a source of endless fascination for legal and historical scholars. Most of this large body of scholarship has focused on the apparent oddity of Justice Frankfurter's view that there was no constitutional infirmity in the "petty tyranny" of a governmental requirement that school children engage in a hypocritical affirmation of belief. Unfortunately, the doctrinal importance of the opinions of Justices Jackson and Frankfurter in the flag salute cases as contrasting statements on the interpretation of the freedom of speech guarantee of the first amendment and the function of the judiciary in preserving our most …
The Ambush Interview: A False Light Invasion Of Privacy, Kevin F. O'Neill
The Ambush Interview: A False Light Invasion Of Privacy, Kevin F. O'Neill
Law Faculty Articles and Essays
The ''ambush" interview is a controversial investigative reporting technique permeating both national and local television news programming. In the typical ambush interview, a reporter and his news crew intercept an unsuspecting newsworthy subject on the street and bombard him with incriminating accusations ostensibly framed as questions. The ambush interviewee inevitably appears guilty before the viewing audience. This is due to a variety of forces, including the subject's severe credibility disadvantage and the accusatory nature of the reporter's questions. This Note applies a false light invasion of privacy analysis to the ambush technique and examines the nexus between the technique and …
A School Board's Authority Versus A Student's Right To Receive Information, Timothy L. Coggins
A School Board's Authority Versus A Student's Right To Receive Information, Timothy L. Coggins
Law Faculty Publications
This note examines the considerations which led the United States Supreme Court to determine that a school board's authority over the administration of the schools is not absolute if the exercise of this authority violates the constitutional rights of the students. Second. the note explores the development of a student's right to receive information through a school library as a guarantee of the first amendment, a right that cannot be ignored by a school board when the board removes books which it considers to be inappropriate either because of the ideas presented in the books or because of the local …
Countless Free-Standing Trees: Non-Labor Boycotts After Naacp V. Claiborne Hardware Co., Carl B. Boyd Jr.
Countless Free-Standing Trees: Non-Labor Boycotts After Naacp V. Claiborne Hardware Co., Carl B. Boyd Jr.
Kentucky Law Journal
No abstract provided.