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Articles 7201 - 7230 of 7934

Full-Text Articles in First Amendment

Cable Television Monopoly And The First Amendment, Jordan S. Stanzler Jan 1983

Cable Television Monopoly And The First Amendment, Jordan S. Stanzler

Cardozo Law Review

No abstract provided.


First Amendment And The Alien Exclusion Power - What Standard Of Review?, Nathan M. Eisler Jan 1983

First Amendment And The Alien Exclusion Power - What Standard Of Review?, Nathan M. Eisler

Cardozo Law Review

No abstract provided.


Must Speech Be Special?, Frederick Schauer Jan 1983

Must Speech Be Special?, Frederick Schauer

Faculty Publications

No abstract provided.


An Attack On Categorical Approaches To Freedom Of Speech, Pierre J. Schlag Jan 1983

An Attack On Categorical Approaches To Freedom Of Speech, Pierre J. Schlag

Publications

No abstract provided.


The First Amendment And Licensing Biology Teachers In Creationism, Benjamin W. Emerson Jan 1983

The First Amendment And Licensing Biology Teachers In Creationism, Benjamin W. Emerson

University of Richmond Law Review

The constitutional provisions separating church and state have long provided fertile ground for conflict resulting in often-bitter courtroom battles. From the famous Scopes "monkey trials" of 1927 in which Clarence Darrow eloquently argued for the teaching of Darwin's theory of evolution in the public schools, through the decisions of the sixties, seventies, and eighties banning prayer, the posting of the Ten Commandments, and similar practices, the conflict has finally come full circle, with fundamentalist Christian groups now arguing that the Biblical account of creation should be taught in public schools as scientific theory.


Libel And Slander In Virginia, Thomas E. Spahn Jan 1983

Libel And Slander In Virginia, Thomas E. Spahn

University of Richmond Law Review

The law of libel and slander in Virginia is unsettled. Even defining the terms is difficult. While many states classify libel and slander as separate torts, in Virginia defamation encompasses them both. Moreover, there are two separate definitions of "defamation per se" in Virginia. There are also two types of "malice" which are applicable in defamation actions; and to make matters worse, one type of "malice" which actually is not malice at all is called "actual malice."


Free Speech And Intellectual Values, Lee C. Bollinger Jan 1983

Free Speech And Intellectual Values, Lee C. Bollinger

Faculty Scholarship

In the preface to his book, The Negro and the First Amendment, Harry Kalven observed that the idea of free speech was marked by an unusually keen "quest for coherent general theory." Every area of the law, Kalven puzzled, was rife with inconsistency and ambiguity, yet inexplicably there was little tolerance· for anomalies in the field of free speech. As to why this was so, Kalven speculated that "free speech is so close to the heart of democratic organization that if we do not have an appropriate theory for our law here, we feel we really do not understand the …


The Future Of Defamation In Illinois After Colson V. Steig And Chapski V. Copley Press, Inc., Linda A. Malone, Rodney A. Smolla Jan 1983

The Future Of Defamation In Illinois After Colson V. Steig And Chapski V. Copley Press, Inc., Linda A. Malone, Rodney A. Smolla

Faculty Publications

No abstract provided.


Constitutional Law - First Amendment - New York Statute Proscribing Distribution Of Nonobscene Materials Depicting Minors Engaged In Sexual Conduct Does Not Violate The First Amendment Because The Materials Are Outside First Amendment Protection And The Statute Is Not Substantially Overboard, Cynthia A. Jaworski Jan 1983

Constitutional Law - First Amendment - New York Statute Proscribing Distribution Of Nonobscene Materials Depicting Minors Engaged In Sexual Conduct Does Not Violate The First Amendment Because The Materials Are Outside First Amendment Protection And The Statute Is Not Substantially Overboard, Cynthia A. Jaworski

Villanova Law Review (1956 - )

No abstract provided.


Prior Restraint Of Expression Through The Private Search Doctrine, Edward J. Eberle Jan 1983

Prior Restraint Of Expression Through The Private Search Doctrine, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.


The Sedition Of Free Speech, Lee C. Bollinger Jan 1983

The Sedition Of Free Speech, Lee C. Bollinger

Faculty Scholarship

Several years ago, a story appeared in The New York Times which provided a graphic illustration of how the Soviet government manipulates the news about itself. Each year on May Day, the Times reported, the Soviet leadership poses for a photograph while standing atop the Lenin tomb in Red Square. In the year of the Times story, however, the photograph had undergone a number of noticeable alterations as it appeared in the various government-run media outlets. One official had been removed altogether, another had been positioned a bit closer to Brezhnev, some who had not in fact been present were …


Enforcing Loyalty: Ideas Are Not Always Free In America, Earl R. Pfeffer Oct 1982

Enforcing Loyalty: Ideas Are Not Always Free In America, Earl R. Pfeffer

In the Public Interest

No abstract provided.


Perry Education Association V. Perry Local Educators' Association, Lewis F. Powell Jr. Oct 1982

Perry Education Association V. Perry Local Educators' Association, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Bob Jones University V. United States, Lewis Powell Jr. Oct 1982

Bob Jones University V. United States, Lewis Powell Jr.

Supreme Court Case Files

No abstract provided.


Mueller V. Allen, Lewis F. Powell Jr. Oct 1982

Mueller V. Allen, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


The Death Of A Princess Cases: Television Programming By State-Owned Public Broadcasters And Viewers' First Amendment Rights, Jonathan Goodman Jul 1982

The Death Of A Princess Cases: Television Programming By State-Owned Public Broadcasters And Viewers' First Amendment Rights, Jonathan Goodman

University of Miami Law Review

The United States Court of Appeals for the Fifth Circuit consolidated and reheard en banc two cases in which stateowned public television stations cancelled scheduled broadcasts because of the program's content. After examining the first amendment issues that arise when the government exercises editorial discretion in selecting programs, the author concludes that the Fifth Circuit's opinion does not sufficiently protect viewers' interests.


Havalunch V. Mazza--The Scrambling Of Constitutional And Common Law Defamation Analysis In West Virginia, W. Martin Harrell Jun 1982

Havalunch V. Mazza--The Scrambling Of Constitutional And Common Law Defamation Analysis In West Virginia, W. Martin Harrell

West Virginia Law Review

No abstract provided.


Accommodation Of Conscientious Objection To Abortion: A Case Study Of The Nursing Profession, W. Cole Durham Jr., Mary Anne Q. Wood, Spencer J. Condie May 1982

Accommodation Of Conscientious Objection To Abortion: A Case Study Of The Nursing Profession, W. Cole Durham Jr., Mary Anne Q. Wood, Spencer J. Condie

BYU Law Review

No abstract provided.


Valley Forge Christian College V. Americans United For Separation Of Church And State, Inc.: Citizen And Taxpayer Standing Under The Establishment Clause Revisited, Bradley M. Bole Apr 1982

Valley Forge Christian College V. Americans United For Separation Of Church And State, Inc.: Citizen And Taxpayer Standing Under The Establishment Clause Revisited, Bradley M. Bole

Florida State University Law Review

No abstract provided.


The Doctrine Of Prior Restraint Since The Pentagon Papers, James L. Oakes Apr 1982

The Doctrine Of Prior Restraint Since The Pentagon Papers, James L. Oakes

University of Michigan Journal of Law Reform

The purpose of this speech is to examine how the doctrine against prior restraint has evolved since the Pentagon Papers case. I intend to demonstrate that while traditional antipathy to prior restraint has for the most part remained strong, several recent cases foreshadow a dangerous expansion of well-established exceptions to the doctrine. To understand fully the significance of these recent cases, I will begin this lecture with a general discussion of the historical origins of the doctrine against prior restraint. I will then proceed with a critical overview of the landmark Pentagon Papers case, more formally called New York Times …


Protecting The Free Speech Rights Of Insurgent Teachers' Unions: Evaluating The Constitutionality Of Exclusive Access To School Communications Facilities, Stephen E. Woodbury Apr 1982

Protecting The Free Speech Rights Of Insurgent Teachers' Unions: Evaluating The Constitutionality Of Exclusive Access To School Communications Facilities, Stephen E. Woodbury

University of Michigan Journal of Law Reform

Part I examines the traditional and limited public forum doctrines designed to guarantee speakers a right of access to public places, and finds these theories inadequate in the school union setting. Part II explores a recent addition to the free speech/equal protection analysis: the content neutrality doctrine. This doctrine mandates that when a school board allows one union to express its viewpoints, a duty is created to provide equivalent access to all unions, absent a compelling state interest. Part III reviews several justifications for limiting non-EBA access, and finds most of them without merit and none of them adequate to …


The Right To Counsel In Prosecutorial Interrogations, Daniel E. Serban Apr 1982

The Right To Counsel In Prosecutorial Interrogations, Daniel E. Serban

Indiana Law Journal

NOTE: A printing error labeled this issue Spring 1982, it should have been labeled Summer 1982


The Skokie Legacy: Reflections On An "Easy Case" And Free Speech Theory, Lee C. Bollinger Mar 1982

The Skokie Legacy: Reflections On An "Easy Case" And Free Speech Theory, Lee C. Bollinger

Michigan Law Review

A Review of Defending My Enemy: American Nazis, the Skokie Case, and the Risks of Freedom by Aryeh Neier


Regulating Pornography: Recent Legal Trends, Alan C. Weinstein Feb 1982

Regulating Pornography: Recent Legal Trends, Alan C. Weinstein

Law Faculty Articles and Essays

Since the Supreme Court's 1976 decision in Young v. American Mini Theaters, Inc., 427 U.S. 50 (1976) local governments have been permitted to single out adult bookstores and theaters for special regulatory treatment.' In the wake of Young, many municipalities enacted "pornography zoning" ordinances based on the Detroit dispersion model. Observing this trend in 1978, the Harvard Law Review noted that these municipalities were interpreting Young as approving pornography zoning as constitutionally acceptable "in nearly all circumstances." 2 This interpretation seemed incorrect, however, to the Review's editors: "Detroit's pornography zoning was found to satisfy three established First Amendment criteria; future …


Civil Liberties: Adherence To Established Principles, Ivan E. Bodensteiner, Rosalie Levinson Jan 1982

Civil Liberties: Adherence To Established Principles, Ivan E. Bodensteiner, Rosalie Levinson

Law Faculty Publications

No abstract provided.


What Happened To The First Amendment: The Metromedia Case, Elizabeth H. Cameron Jan 1982

What Happened To The First Amendment: The Metromedia Case, Elizabeth H. Cameron

Loyola University Chicago Law Journal

No abstract provided.


Involuntary Commitment: The Move Toward Dangerousness, 15 J. Marshall L. Rev. 83 (1982), Robert Weissbourd Jan 1982

Involuntary Commitment: The Move Toward Dangerousness, 15 J. Marshall L. Rev. 83 (1982), Robert Weissbourd

UIC Law Review

No abstract provided.


Heffron V. International Society For Krishna Consciousness, Inc.: Reasonable Time, Place And Manner Restrictions, 15 J. Marshall L. Rev. 543 (1982), Robert Corvino Jan 1982

Heffron V. International Society For Krishna Consciousness, Inc.: Reasonable Time, Place And Manner Restrictions, 15 J. Marshall L. Rev. 543 (1982), Robert Corvino

UIC Law Review

No abstract provided.


Constitutional Issues In The Regulation Of The Financing Of Election Campaigns, Archibald Cox Jan 1982

Constitutional Issues In The Regulation Of The Financing Of Election Campaigns, Archibald Cox

Cleveland State Law Review

The decisions sustaining campaign expenditures by corporations and organized groups are libertarian in the superficial sense that they sustain claims under the first amendment. Their effect, however, is to increase the influence of organized groups, especially of groups with access to money, and to diminish the voice of the individual. If liberty means the opportunity of the individual man or woman to express himself or herself in a society in which ideas are judged principally by their merit, increasing the relative influence of organizations and shrinking the attention paid to individual voices means a net loss of human freedom.


A Graphic Review Of The Free Speech Clause, William W. Van Alstyne Jan 1982

A Graphic Review Of The Free Speech Clause, William W. Van Alstyne

Faculty Scholarship

This work acts as a spring board for the study of the Free Speech Clause of the First Amendment. It builds useful graphical representations of complex constitutional theories from the ground up, allowing students to follow both development and the application of these theories.