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Articles 7231 - 7260 of 7934

Full-Text Articles in First Amendment

The Right Of Publicity Vs. The First Amendment: Reconciling The Conflict Between A Proprietary Interest Of The Plaintiff And The Constitutional Guarantee Of Free Speech, Ganesh Bala Jan 1982

The Right Of Publicity Vs. The First Amendment: Reconciling The Conflict Between A Proprietary Interest Of The Plaintiff And The Constitutional Guarantee Of Free Speech, Ganesh Bala

Villanova Law Review (1956 - )

No abstract provided.


Free Speech, Property, And The Burger Court: Old Values, New Balances, Joel Gora, Norman Dorsen Jan 1982

Free Speech, Property, And The Burger Court: Old Values, New Balances, Joel Gora, Norman Dorsen

Faculty Scholarship

No abstract provided.


Constitutional Protection Of Commercial Speech, Jonathan Weinberg Jan 1982

Constitutional Protection Of Commercial Speech, Jonathan Weinberg

Law Faculty Research Publications

No abstract provided.


The First Amendment And "Scalping" By A Financial Columnist: May A Newspaper Article Be Commercial Speech?, Bruce A. Kohn Jan 1982

The First Amendment And "Scalping" By A Financial Columnist: May A Newspaper Article Be Commercial Speech?, Bruce A. Kohn

Indiana Law Journal

No abstract provided.


Reverse Freedom Of Information Act Litigation In A Non-Commercial Setting: The Case Of Professor Doe, Lawrence A. Silver Jan 1982

Reverse Freedom Of Information Act Litigation In A Non-Commercial Setting: The Case Of Professor Doe, Lawrence A. Silver

Cleveland State Law Review

So complex are the questions of what the right of privacy is, and when and how it can be invoked, that special precautions must be taken to prevent an article dealing with it from drifting off into the fascinating but misty realms of metaphysical speculation. This Article will deal with an important issue raised but not answered by the Federal Freedom of Information and Privacy Acts: the rights of a private party who seeks to prevent the federal government from releasing information concerning him.


Metromedia, Inc. V. City Of San Diego: A Bifurcated Approach To Billboard Regulation And The First Amendment, Eric L. Rosedale Jan 1982

Metromedia, Inc. V. City Of San Diego: A Bifurcated Approach To Billboard Regulation And The First Amendment, Eric L. Rosedale

Cardozo Law Review

No abstract provided.


A Reprise On Herbert V. Lando And The Law Of Defamation, Howard O. Hunter Jan 1982

A Reprise On Herbert V. Lando And The Law Of Defamation, Howard O. Hunter

Kentucky Law Journal

No abstract provided.


The Right Of Publicity: A "Haystack In A Hurricane", Richard C. Ausness Jan 1982

The Right Of Publicity: A "Haystack In A Hurricane", Richard C. Ausness

Law Faculty Scholarly Articles

Over the years, entertainers, athletes and other celebrities have sought legal protection for a variety of occupationally related injuries. By virtue of being in the public eye, celebrities often complain that their private lives have somehow been invaded. This concept of invasion of privacy involves damages for mental anguish suffered by virtue of the unwarranted disturbance. However, performers may also suffer injury of an economic, rather than personal, nature. For example, an individual's performance may be used without his or her consent. People will normally pay to watch that entertainer, but where the performance is misappropriated, he is unable to …


Overbreadth, Henry Paul Monaghan Jan 1982

Overbreadth, Henry Paul Monaghan

Faculty Scholarship

The concern in constitutional law with "overbreadth" is generally understood to denote a conscious departure from conventional standing concepts in free-expression cases. Assertedly justified by the special vulnerability of protected expression to impermissible deterrence, overbreadth doctrine invites litigants to attack the facial validity of rules which burden expressive interests. A litigant whose expression is admittedly within the constitutionally valid applications of a statute is permitted to assert the statute's potentially invalid applications with respect to other persons not before the court and with whom the litigant stands in no special relationship. Judicial focus is not on the protected character, vel …


National Security Interests Vs. The First Amendment: Haig V. Agee, Joan R. M. Bullock Jan 1982

National Security Interests Vs. The First Amendment: Haig V. Agee, Joan R. M. Bullock

Journal Publications

In Haig v. Agee, the United States Supreme Court held that the Secretary of State has the authority to revoke a passport when the bearer's activities abroad "are causing or are likely to cause serious damage to the national security or the foreign policy of the United States." This note will examine the implications of Agee as a standard in resolving conflicts between national security and first amendment rights of the individual.


Teaching The Theories Of Evolution And Scientific Creationism In The Public Schools: The First Amendment Religion Clauses And Permissible Relief, J. Greg Whitehair Jan 1982

Teaching The Theories Of Evolution And Scientific Creationism In The Public Schools: The First Amendment Religion Clauses And Permissible Relief, J. Greg Whitehair

University of Michigan Journal of Law Reform

This Note explores the propriety of teaching the theory of evolution and the scientific creation model in public elementary and secondary schools. Part I discusses the powers of the state and its political subdivisions to set public school policy and curriculum content and the extent to which those powers are circumscribed by the religion clauses of the first amendment. Part I concludes that the religion clauses permit the teaching of evolutionary theory in public schools. Part II examines the variety of judicial and legislative relief potentially available to creationists where the teaching of evolution theory interferes with their religious beliefs …


Free Speech Or Economic Weapon? The Persisting Problem Of Picketing, Theodore J. St. Antoine Jan 1982

Free Speech Or Economic Weapon? The Persisting Problem Of Picketing, Theodore J. St. Antoine

Articles

"Peaceful picketing," the United States Supreme Court has said, "is the workingman's means of communication."' One line of analysis is that, as a means of communication, picketing is free speech and is therefore entitled to every constitutional protection afforded other forms of expression. This means that it cannot be subjected to special restrictions, such as antiboycott curbs, simply because it is picketing. The opposing line of analysis is that picketing is not simply speech; it is "speech plus." The "plus" element removes picketing from the realm of pure speech and enables it to be regulated in ways that the Constitution …


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 Publications

No abstract provided.


American Indian Religious Freedom And Cultural Resources Management: Protecting Mother Earth's Caretakers, Dean B. Suagee Jan 1982

American Indian Religious Freedom And Cultural Resources Management: Protecting Mother Earth's Caretakers, Dean B. Suagee

American Indian Law Review

No abstract provided.


Manifest Destiny And American Indian Religious Freedom: Sequoyah, Badoni, And The Drowned Gods, Howard Stambor Jan 1982

Manifest Destiny And American Indian Religious Freedom: Sequoyah, Badoni, And The Drowned Gods, Howard Stambor

American Indian Law Review

No abstract provided.


Religion: The First Amendment And The American Indian Religious Freedom Act Of 1978, Robin K. Rannow Jan 1982

Religion: The First Amendment And The American Indian Religious Freedom Act Of 1978, Robin K. Rannow

American Indian Law Review

No abstract provided.


Federal Recent Developments Jan 1982

Federal Recent Developments

American Indian Law Review

No abstract provided.


Codifying The First Amendment: New York V. Ferber, Frederick Schauer Jan 1982

Codifying The First Amendment: New York V. Ferber, Frederick Schauer

Faculty Publications

No abstract provided.


Freedom Of Speech In North Carolina Prior To Gitlow V. New York, With A Forward Glance Thereafter, The Hon. Harry C. Martin Jan 1982

Freedom Of Speech In North Carolina Prior To Gitlow V. New York, With A Forward Glance Thereafter, The Hon. Harry C. Martin

Campbell Law Review

The primary purpose of this article is to review the concept of freedom of speech in North Carolina prior to Gitlow v. New York. Gitlow, of course, held the first amendment right of freedom of speech in the United States Constitution was applicable to the states through the vehicle of the fourteenth amendment. Prior to 1 July 1971, neither the fundamental laws of North Carolina nor any provision in its constitution guaranteed freedom of speech. Therefore, to some extent the question is whether freedom of speech was recognized by the courts of North Carolina prior to Gitlow and, if so, …


Regulation Of Cable Television In The United States, Michael Botein Jan 1982

Regulation Of Cable Television In The United States, Michael Botein

Articles & Chapters

No abstract provided.


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

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

Faculty Scholarship

Few legal disputes in the last decade captured public attention with such dramatic force as that involving a small band of Nazis and the village of Skokie. For well over a year, the case was seldom out of the news and often thought to merit front page coverage. It all began in the spring of 1977 when Frank Collin, the leader of the Chicago-based National Socialist Party of America, requested a permit to march in front of the Skokie village hall. The community, with a Jewish population of over 40,000, several thousand of whom had survived the Holocaust, mobilized all …


Trust Doctrines In Church Controversies, Dalin H. Oaks Nov 1981

Trust Doctrines In Church Controversies, Dalin H. Oaks

BYU Law Review

No abstract provided.


Revocation Of Tax-Exempt Status Of Religious Schools-Conflict With The Religion Clauses Of The First Amendment: Bob Jones University V. United States, R. Clyde Parker Jr. Nov 1981

Revocation Of Tax-Exempt Status Of Religious Schools-Conflict With The Religion Clauses Of The First Amendment: Bob Jones University V. United States, R. Clyde Parker Jr.

BYU Law Review

No abstract provided.


United States V. Lee, Lewis F. Powell, Jr. Oct 1981

United States V. Lee, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.


Board Of Education, Island Trees Union Free School District No. 26 V. Pico By Pico, Lewis F. Powell, Jr. Oct 1981

Board Of Education, Island Trees Union Free School District No. 26 V. Pico By Pico, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.


National Association For The Advancement Of Colored People V. Claiborne Hardware Company, Lewis F. Powell, Jr. Oct 1981

National Association For The Advancement Of Colored People V. Claiborne Hardware Company, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.


Globe Newspaper Co. V. Superior Court For The County Of Norfolk, Lewis F. Powell Jr. Oct 1981

Globe Newspaper Co. V. Superior Court For The County Of Norfolk, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Heffron V. International Society For Krishna Consciousness, Inc., 101 S. Ct. 2559 (1981), Jaime L. Wallace Oct 1981

Heffron V. International Society For Krishna Consciousness, Inc., 101 S. Ct. 2559 (1981), Jaime L. Wallace

Florida State University Law Review

Constitutional Law-FREEDOM OF SPEECH-CONTINUED EROSION OF A FUNDAMENTAL RIGHT


"Deprogramming": From The Defense Counsel's Perspective, Albert R. Vermeire Oct 1981

"Deprogramming": From The Defense Counsel's Perspective, Albert R. Vermeire

West Virginia Law Review

We begin with the proposition that the right of freedom of thought protected by the First Amendment against State action includes both the right to speak freely and the right to refrain from speaking at all. A system which secures the right to proselytize religious, political and ideological causes must also guarantee the concomitant right to decline to foster such concepts. The right to speak and the right to refrain from speaking are complementary components of the broader concept of 'individual freedom of mind.' Anguished parents and sympathetic judges; concerned attorneys and psychologists; reality-inducing therapists, police officers and adult or …


Comparison Evidence In Obscenity Trials, Marguerite Munson Lentz Oct 1981

Comparison Evidence In Obscenity Trials, Marguerite Munson Lentz

University of Michigan Journal of Law Reform

This Article critiques the approach endorsed in Hamling, particularly regarding the Court's failure to consider how the presentation of proof in an obscenity trial affects the defendant's constitutional rights. The Article urges that relevant comparison evidence should be admissible despite the risk of confusion or the opportunity to present expert testimony, and furthermore, that a court should be required to make explicit its findings regarding the relevancy of comparison evidence. Part I of the Article demonstrates the constitutional significance to the obscenity defendant of evidence, particularly comparison exhibits, bearing on prevailing community standards. Part II considers the assessment of …