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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 Aug 1983

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 May 1983

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 Apr 1983

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 Apr 1983

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. Apr 1983

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 Mar 1983

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 Mar 1983

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 Mar 1983

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 Feb 1983

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 Feb 1983

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 Jan 1983

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 Jan 1983

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 Jan 1983

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 Jan 1983

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 Jan 1983

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 Jan 1983

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 Jan 1983

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. Jan 1983

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 Jan 1983

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 Jan 1983

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 Jan 1983

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 Jan 1983

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 Jan 1983

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 Jan 1983

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 Jan 1983

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 Jan 1983

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 Jan 1983

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 Jan 1983

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 Jan 1983

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. Jan 1983

Countless Free-Standing Trees: Non-Labor Boycotts After Naacp V. Claiborne Hardware Co., Carl B. Boyd Jr.

Kentucky Law Journal

No abstract provided.