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Articles 7261 - 7290 of 7934

Full-Text Articles in First Amendment

American Influence On Israel's Jurisprudence Of Free Speech, Pnina Lahav Oct 1981

American Influence On Israel's Jurisprudence Of Free Speech, Pnina Lahav

Faculty Scholarship

This is a study of the role played by judicial development of the First Amendment to the United States Constitution in shaping the jurisprudence of free speech in Israel - a country without a bill of rights. Rivalry and contrast between opposing modes of legal thought, judicial styles, doctrines, and finally, models of democracy within Israel's Supreme Court are major themes. Most of the adversarial elements reflect competing ideas in the intellectual history of American free speech law. Thus, the tension within Israel's Supreme Court reflects the tension between American free speech jurisprudence as it now is and as it …

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Trustees Of Self-Interest?, Pnina Lahav Oct 1981

Trustees Of Self-Interest?, Pnina Lahav

Faculty Scholarship

Unconventional approaches to frequently addressed issues can be particularly illuminating, and John Lofton's discussion of the press and the first amendment takes a decidedly unconventional tack. Rather than focusing on the theme of governmental suppression of speech, Lofton attempts to highlight another angle: the reaction of the press to both political dissent and the official suppression of that dissent from the colonial period to the present day. His purpose, he notes, is "to examine how the American press has performed when confronted with the application of the amendment to practical events."

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The Deceptive 'Right To Know': How Pessimism Rewrote The First Amendment, Gerald J. Baldasty, Roger A. Simpson Jul 1981

The Deceptive 'Right To Know': How Pessimism Rewrote The First Amendment, Gerald J. Baldasty, Roger A. Simpson

Washington Law Review

In the decade of the 1940's, particularly in the years just after World War II, freedom of the press, which had been newly elevated and protected by the Supreme Court in the 1930's, began to suffer the corrosive effects of doubt about the strength of the American political system. Among the devastations of war was the failure of the intellectuals' confidence in the mettle of the American citizenry. By the mid-1960's, one consequence was clear: The first amendment no longer meant that the American press was expected to speak freely; it had begun to mean that much of what the …

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James Madison And The Burger Court: Converging Views Of Church-State Separation, Patricia E. Curry Jul 1981

James Madison And The Burger Court: Converging Views Of Church-State Separation, Patricia E. Curry

Indiana Law Journal

No abstract provided.

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State And Local Limitations On Ballot Measure Contributions, Michigan Law Review Jun 1981

State And Local Limitations On Ballot Measure Contributions, Michigan Law Review

Michigan Law Review

This Note's thesis is that ballot measure limitations unconstitutionally infringe upon the rights of free speech and association. Part I analyzes Buckley and concludes that the CARC court misapplied its distinction between contributions and direct expenditures. Part II tests ballot measure limitations against Buckley's "exacting scrutiny" standard. It identifies the state interests asserted in defense of ballot measure limitations - lessening abuse by narrow interest groups, reducing apathy, and equalizing political expression - and concludes that ballot measure limitations do not permissibly further these governmental interests.

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Secondary Consumer Picketing: The First Amendment Questions Remain, Curtis L. Mack, Risa L. Lieberwitz May 1981

Secondary Consumer Picketing: The First Amendment Questions Remain, Curtis L. Mack, Risa L. Lieberwitz

Mercer Law Review

The United States Supreme Court has been faced many times with the question of the constitutionality of governmental restrictions on picketing in light of the first amendment protection of free speech. In these decisions, the Court has applied various approaches and tests in an effort to resolve the tension between governmental interests in controlling picketing and individual rights of expression consistent with the first amendment. The Court has confronted these issues particularly in the area of secondary consumer picketing, which is regulated by section 8(b)(4)(ii)(B) of the National Labor Relations Act, as amended. These issues surfaced first in 1957 with …

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Miller V. California Revisited: An Empirical Note, Robert E. Riggs May 1981

Miller V. California Revisited: An Empirical Note, Robert E. Riggs

BYU Law Review

No abstract provided.

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A Restatement Of The Intended Meaning Of The Establishment Clause In Relation To Education And Religion, John Remington Graham May 1981

A Restatement Of The Intended Meaning Of The Establishment Clause In Relation To Education And Religion, John Remington Graham

BYU Law Review

No abstract provided.

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Strict Liability Versus Negligence: An Economic Analysis Of The Law Of Libel, Gary L. Lee May 1981

Strict Liability Versus Negligence: An Economic Analysis Of The Law Of Libel, Gary L. Lee

BYU Law Review

No abstract provided.

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Manipulating Forum Jurisdiction And Generating A Law Of Employee Free Speech, Ivan C. Rutledge Mar 1981

Manipulating Forum Jurisdiction And Generating A Law Of Employee Free Speech, Ivan C. Rutledge

Mercer Law Review

The National Labor Relations Act contains protection of employee solicitation, handbilling, and choice of representatives that the first and fourteenth amendments do not vouchsafe to other members of society. This essay is written to review the development of this thesis and to argue that the United States Supreme Court has fashioned a regime of forum jurisdiction surrounding employees' rights to speak and print that is both unique and exquisitely complex. Two patterns of allocating jurisdiction, both subsumed under the fuzzy expression "federal pre-emption," engender the complexity. This article will first review the Court's precedents before the Taft-Hartley Act in 1947, …

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Nlrb Campaign Laboratory Conditions Doctrine And Free Speech Revisited, James W. Wimberly Jr., Martin H. Steckel Mar 1981

Nlrb Campaign Laboratory Conditions Doctrine And Free Speech Revisited, James W. Wimberly Jr., Martin H. Steckel

Mercer Law Review

The subject of free speech in union organizing campaigns has generated a great deal of discussion and comment over the years. This subject is naturally popular because of the intensity of a union organizing campaign, the importance of the subject to industry and organized labor, the evolution of constitutional and statutory doctrines applicable to free speech, and the shifts in opinion by commentators and the public over how such matters should be handled. This article will make no attempt to summarize or analyze what has already been said on the subject. Instead, this article will examine one aspect of National …

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The Threat Or The Announcement Of Plant Closure?, H. Thomas Arthur Mar 1981

The Threat Or The Announcement Of Plant Closure?, H. Thomas Arthur

Mercer Law Review

The limits on an employer's free speech rights during a union representation campaign were established by the Supreme Court in NLRB v. Gissel Packing Co. But the proper interpretation of Gissel first requires an understanding of the limitations on employers' property rights set out by the Court in Textile Workers Union v. Darlington Manufacturing Co. A proper understanding of Darlington leads to the conclusion that the National Labor Relations Board (Board) and the circuit courts have been incorrectly applying the limits on an employer's first amendment right of free speech. The effect of the misapplication in the context …

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California Expansion Of First Amendment Does Not Infringe On Federally Protected Rights, Mark Emanuel Mar 1981

California Expansion Of First Amendment Does Not Infringe On Federally Protected Rights, Mark Emanuel

Mercer Law Review

In Prune Yard Shopping Center v. Robins, the United States Supreme Court held that the California Constitution, which protects speech and petitioning in private shopping centers, does not violate the shopping center owner's rights under the federal constitution. The shopping center owner argued unsuccessfully that the state constitution violated federally protected property rights under the fifth and fourteenth amendments and free speech rights under the first and fourteenth amendments.

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Categories And The First Amendment: A Play In Three Acts, Frederick Schauer Mar 1981

Categories And The First Amendment: A Play In Three Acts, Frederick Schauer

Vanderbilt Law Review

In the foregoing pages I have attempted to flesh out three different aspects of what has been broadly called "categorization."Implicit in this project is the premise that it is often quite revealing to search for important differences in the face of superficial similarity. Very often, however, when we search for differences we may discover additional points of similarity that are not at first apparent. This seems to be the case here, in that one recurrent feature is what one might inelegantly call "learnability." The concept of learnability is comprehensible only in the con-text of a separation of roles.' Thus, if …

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Village Of Schaumburg V. Citizens For A Better Environment, 444 U.S. 620 (1980), Janet Jacobowitz Jan 1981

Village Of Schaumburg V. Citizens For A Better Environment, 444 U.S. 620 (1980), Janet Jacobowitz

Florida State University Law Review

Constitutional Law-FREEDOM OF SPEECH-ORDINANCE RESTRICTING SOLICITATION OF FUNDS BY CHARITIES RESTRICTS FREEDOM OF SPEECH

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The Poorly Financed Causes Of Little People: How Can They Survive The Multitude Of Regulations, 14 J. Marshall L. Rev. 319 (1981), Robert Goldsmith Jan 1981

The Poorly Financed Causes Of Little People: How Can They Survive The Multitude Of Regulations, 14 J. Marshall L. Rev. 319 (1981), Robert Goldsmith

UIC Law Review

No abstract provided.

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Snepp V. United States: The Cia Secrecy Agreement And The First Amendment, Diane Orentlicher Jan 1981

Snepp V. United States: The Cia Secrecy Agreement And The First Amendment, Diane Orentlicher

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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Freedom Of Speech: The Case Of The "Corrupt" Campaign Promise, Martha Dugan Rehm Jan 1981

Freedom Of Speech: The Case Of The "Corrupt" Campaign Promise, Martha Dugan Rehm

Kentucky Law Journal

No abstract provided.

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The Left, The Right And The First Amendment: 1918-1928, Robert M. Cover Jan 1981

The Left, The Right And The First Amendment: 1918-1928, Robert M. Cover

Maryland Law Review

No abstract provided.

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Labor Law - Secondary Picketing - Buy Local Campaign At A Netural Business Violates Section 8(B)(4) Of The National Labor Relations Act, W. James Mckay Jan 1981

Labor Law - Secondary Picketing - Buy Local Campaign At A Netural Business Violates Section 8(B)(4) Of The National Labor Relations Act, W. James Mckay

Villanova Law Review (1956 - )

No abstract provided.

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Snepp V. United States, Frederick W. Whatley Jan 1981

Snepp V. United States, Frederick W. Whatley

Cleveland State Law Review

On February 19, 1980. the Supreme Court handed downs its decision in the case of Snepp v. United States. The Court based its decision on the writs of certiorari filed by Snepp and the government. There were no briefs or oral arguments on the merits of the case. The above quotes serve as more than a mere backdrop to the Snepp case. Whether the decision was rendered out of a concern that the actions of persons such as Mr. Agee may lead to the deaths of Central Intelligence Agency (hereinafter sometimes referred to as CIA) operatives, such as Mr. Welch's …

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Free Speech Rights Of Public School Teachers: A Proposed Balancing Test, Janis L. Reynolds Jan 1981

Free Speech Rights Of Public School Teachers: A Proposed Balancing Test, Janis L. Reynolds

Cleveland State Law Review

This Note will advocate that freedom of speech should be extended to public school teachers, in the sense of curricular and extracurricular activities. As recent federal cases have held, the teacher is to be treated no differently from other citizens regarding free speech matters.

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Grassroots Lobbying And The Public's Right To Hear: First Amendment Implications Of I.R.C. Section 162(E)(2)(B), Robert W. Cleveland Jan 1981

Grassroots Lobbying And The Public's Right To Hear: First Amendment Implications Of I.R.C. Section 162(E)(2)(B), Robert W. Cleveland

Cardozo Law Review

No abstract provided.

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Silence As A Moral And Constitutional Right, Kent Greenawalt Jan 1981

Silence As A Moral And Constitutional Right, Kent Greenawalt

Faculty Scholarship

Like the Fourth Amendment ban on unreasonable searches and seizures, the privilege against self-incrimination stands as a barrier to the government's acquisition of information about criminal activities. The moral analogue in private relations to the Fourth Amendment right is quite straightforward. One person should not rummage about the private spaces of another seeking signs of bad behavior unless he has very powerful reasons. The Fourth Amendment similarly limits the government, generally permitting searches only upon probable cause. The private moral analogue to the Fifth Amendment's right of silence is harder to identify, its analysis is more complex and the judgments …

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The Fairness Doctrine: Fair To Whom, Loretta T. Menkes Jan 1981

The Fairness Doctrine: Fair To Whom, Loretta T. Menkes

Cleveland State Law Review

This Note contends that the fairness doctrine, as presently applied, fails to meet its legislative purpose and violates constitutionally protected rights. This Note will examine the standards and policies established by the FCC as judicially approved in Red Lion Broadcasting, Inc. v. FCC and American Sec. Council Educ. Foundation v. FCC. Practical application of these standards and policies will be explored in three categories: 1) controversial issue programming; 2) commercial advertisements; and 3) political messages. Finally, a solution to the arbitrary and discriminatory application of this amorphous doctrine will be suggested.

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Transforming The Privately Owned Shopping Center Into A Public Forum: Pruneyard Shopping Center V. Robins, James M. Mccauley Jan 1981

Transforming The Privately Owned Shopping Center Into A Public Forum: Pruneyard Shopping Center V. Robins, James M. Mccauley

University of Richmond Law Review

A recent Supreme Court decision has affirmed a state's choice to provide its citizens access to privately owned shopping centers for the purpose of exercising free speech and petition rights. The United States Supreme Court in Pruneyard Shopping Center v. Robins held that state consitutional provisions permitting individuals to exercise free speech and petition rights on private shopping center property do not violate the shopping center owner's property rights under the fifth and fourteenth amendments or his free speech rights under the first and fourteenth amendments. There exists a delicate balance between the competing in- terests of the shopping center …

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The First Amendment And The Cable Television Operator: An Unprotective Shield Against Public Access Requirements, Michael I. Meyerson Jan 1981

The First Amendment And The Cable Television Operator: An Unprotective Shield Against Public Access Requirements, Michael I. Meyerson

All Faculty Scholarship

This article focuses on the question of whether state-imposed public access requirements violate the First Amendment rights of the cable television operator. The author suggests that the appropriate analysis asks whether the law abridges expression the First Amendment was meant to protect. In other words, do cable access requirements abridge speech safeguarded by the First Amendment? The article demonstrates that such requirements do not hinder, but in fact further, fundamental First Amendment interests. Finally, the article shows that access requirements fulfill the standards of the constitutional tests for each classification into which they could be placed.

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Public Access To Criminal Trials: Richmond Newspapers, Inc. V. Virginia, Christopher C. Spencer Jan 1981

Public Access To Criminal Trials: Richmond Newspapers, Inc. V. Virginia, Christopher C. Spencer

University of Richmond Law Review

Richmond Newspapers, Inc. v. Virginia is, in the words of Justice Stevens, a "watershed case." For the first time, the Court recognized that some sort of first amendment right of access to government proceedings exists. The Court, in a plurality opinion (joined by two Justices, accompanied by five concurring opinions and one dissent), held that the right of the public to attend criminal trials is "implicit in the guarantees of the First Amendment."

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Extracting Documents And Information From The Internal Revenue Service, Stuart E. Siegel, Stanley I. Langbein Jan 1981

Extracting Documents And Information From The Internal Revenue Service, Stuart E. Siegel, Stanley I. Langbein

Articles

No abstract provided.

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The Propriety Of Granting Summary Judgment For Defendants In Defamation Suits Involving Actual Malice, Kevin Gerard Amadio Jan 1981

The Propriety Of Granting Summary Judgment For Defendants In Defamation Suits Involving Actual Malice, Kevin Gerard Amadio

Villanova Law Review (1956 - )

No abstract provided.

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