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Full-Text Articles in First Amendment

Fighting Words As Free Speech, Stephen W. Gard Jan 1980

Fighting Words As Free Speech, Stephen W. Gard

Law Faculty Articles and Essays

It is now settled that "above all else, the first amendment means that government has no power to restrict expression because of its message, its ideas, its subject matter, or its content." Despite the universal acceptance of this general principle, the United States Supreme Court has created several exceptions. In appropriate cases libel, obscenity, commercial speech, and offensive language may be censored without contravention of the first amendment guarantee of freedom of expression. The source of each of these exceptions to the general principle of governmental neutrality regarding the content of expression is Chaplinsky v. New Hampshire.

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Book Review, Stephen W. Gard Jan 1980

Book Review, Stephen W. Gard

Law Faculty Articles and Essays

The author reviews Justice Hugo Black and the First Amendment, edited by Everette E. Dennis, Donald M. Gillmor and David L. Grey.

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Eulogy For Murray I. Gurfein, Irving R. Kaufman Jan 1980

Eulogy For Murray I. Gurfein, Irving R. Kaufman

Cardozo Law Review

No abstract provided.

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Judge Gurfein And The Pentagon Papers, James L. Oakes Jan 1980

Judge Gurfein And The Pentagon Papers, James L. Oakes

Cardozo Law Review

No abstract provided.

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Nathaniel Goldstein Memorial Lecture, Murray I. Gurfein Jan 1980

Nathaniel Goldstein Memorial Lecture, Murray I. Gurfein

Cardozo Law Review

No abstract provided.

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Schoolbooks, School Boards, And The Constitution [Notes], Aleta Estreicher Jan 1980

Schoolbooks, School Boards, And The Constitution [Notes], Aleta Estreicher

Articles & Chapters

No abstract provided.

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Stone V. Graham: A Fragile Defense Of Individual Religious Autonomy, J. David Smith Jr. Jan 1980

Stone V. Graham: A Fragile Defense Of Individual Religious Autonomy, J. David Smith Jr.

Kentucky Law Journal

No abstract provided.

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General Laws, Neutral Principles, And The Free Exercise Clause, G. Michael Mccrossin Jan 1980

General Laws, Neutral Principles, And The Free Exercise Clause, G. Michael Mccrossin

Vanderbilt Law Review

This Note examines several recent Supreme Court decisions considering the first amendment's free exercise clause to determine whether, collectively, the decisions are results of principled decision making. During the past two decades the Court has had four significant opportunities to deal with the free exercise clause. In all but one, the Court made important statements about the constitutional protection afforded the free exercise of religious belief. In each case the basic issue was the same: was interference with the exercise of religion unconstitutional when that interference resulted from the application of a general law that promoted a valid public policy …

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The Jurisprudence Of Free Speech In The United States And The Federal Republic Of Germany, Donald P. Kommers Jan 1980

The Jurisprudence Of Free Speech In The United States And The Federal Republic Of Germany, Donald P. Kommers

Journal Articles

This Article compares the constitutional thought of the United States Supreme Court and the West German Federal Constitutional Court in the area of free speech. The primary focus is on cases dealing with governmental restraints on speech arising out of concern for internal security' and commentary affecting the reputation of public figures. These cases reflect major lines of German and American free speech thought. The objective of this Article is to compare the concepts of free speech that have evolved in the opinions of the two tribunals and to consider the significance of the separate doctrinal paths taken by each …

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Constitutional Law: Dubious Intrusions--Peynote, Drug Laws, And Religious Freedom, John T. Doyle Jan 1980

Constitutional Law: Dubious Intrusions--Peynote, Drug Laws, And Religious Freedom, John T. Doyle

American Indian Law Review

No abstract provided.

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Reassessing The First Amendment And The Public's Right To Know In Constitutional Adjudication, David M. O'Brien Jan 1980

Reassessing The First Amendment And The Public's Right To Know In Constitutional Adjudication, David M. O'Brien

Villanova Law Review (1956 - )

No abstract provided.

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The First Amendment And The Free Press: A Comment On Some New Trends And Some Old Theories, William W. Van Alstyne Jan 1980

The First Amendment And The Free Press: A Comment On Some New Trends And Some Old Theories, William W. Van Alstyne

Faculty Scholarship

Responding to the trend of media rights being subjugated through the legal process, this article examines Justice Stewart's suggestion that the media should be treated with extra deference in First Amendment cases. This examination looks at the sufficiency of the press's claim of judicial harshness, whether the press should be treated differently than other speakers, and also compares press freedom in foreign nations.

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Essay--Fighting For Their Lives: The Applicability Of The Fairness Doctrine To Violence In Children's Television Programming, Thomas Barton Dec 1979

Essay--Fighting For Their Lives: The Applicability Of The Fairness Doctrine To Violence In Children's Television Programming, Thomas Barton

West Virginia Law Review

No abstract provided.

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Antitrust Enforcement, Freedom Of The Press, And The "Open Market": The Supreme Court On The Structure And Conduct Of Mass Media, William E. Lee Nov 1979

Antitrust Enforcement, Freedom Of The Press, And The "Open Market": The Supreme Court On The Structure And Conduct Of Mass Media, William E. Lee

Vanderbilt Law Review

This Article examines the Supreme Court's attempts to foster open markets by altering either the structure or the conduct of mass media enterprises." Structure and conduct are the two main determinants of market performance. Market structure "means those characteristics of the organization of a market that seem to exercise a strategic influence on the nature of competition and pricing within the market." Some characteristics of market structure include degree of buyer concentration, degree of seller concentration, degree of product differentiation, and entry conditions. Market conduct, on the other hand, comprises the practices, policies, and devices which firms employ in adjusting …

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Regulation Of Programming Content To Protect Children After Pacifica, Dabney E. Bragg Nov 1979

Regulation Of Programming Content To Protect Children After Pacifica, Dabney E. Bragg

Vanderbilt Law Review

This Note examines the "protect the children" rationale as justification for the regulation of program content to determine if it is likely to withstand future challenges. Initially, the Note reviews the Pacifica decisions to illustrate how the rationale recently has been employed. The Note then considers this rationale in light of traditional first amendment analysis and the interface of that analysis with the rights of children, concluding that the rationale does not justify abridgment of the first amendment. The Note then considers the effect of broadcasting's "unique characteristics" upon this analysis, concluding that this added element does not tip the …

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Brown V. Glines, Lewis F. Powell, Jr. Oct 1979

Brown V. Glines, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.

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Committee For Public Education And Religious Liberty V. Regan, Lewis F. Powell Jr. Oct 1979

Committee For Public Education And Religious Liberty V. Regan, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

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Pruneyard Shopping Center V. Robins, Lewis F. Powell Jr. Oct 1979

Pruneyard Shopping Center V. Robins, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

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Richmond Newspapers, Inc. V. Virginia, Lewis F. Powell Jr. Oct 1979

Richmond Newspapers, Inc. V. Virginia, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

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Mccall V. State, 354 So. 2d 869 (Fla. 1978), Arthur C. Beal, Jr. Oct 1979

Mccall V. State, 354 So. 2d 869 (Fla. 1978), Arthur C. Beal, Jr.

Florida State University Law Review

Constitutional Law-THE FINE LINE BETWEEN PROTECTED AND NON-PROTECTED SPEECH

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Regulation Of Indecency In Political Broadcasting, Jonathan Golomb Oct 1979

Regulation Of Indecency In Political Broadcasting, Jonathan Golomb

University of Michigan Journal of Law Reform

The article considers both the constitutional and statutory aspects of the regulation of indecency in political broadcasting. The discussion is limited to considering "indecency," a term excluding obscenity or incitement to violence, because the government's power to regulate these types of speech is well established. Indecent speech would be protected if used in the print media, since it does not fall within the established First Amendment exceptions. The basic constitutional question, therefore, is whether the broadcast media are inherently different from the print media, so as to justify different treatment of indecent political speech. This article will contend that they …

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Listeners' Rights Providing A State Action Theory In The "Company Town" Analogues, Thomas A. Clements Oct 1979

Listeners' Rights Providing A State Action Theory In The "Company Town" Analogues, Thomas A. Clements

Indiana Law Journal

No abstract provided.

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Discovery And The First Amendment, Kevin R. Vienna Oct 1979

Discovery And The First Amendment, Kevin R. Vienna

William & Mary Law Review

No abstract provided.

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Secular Control Of Non-Public Schools, Carl L. Fletcher Jr. Sep 1979

Secular Control Of Non-Public Schools, Carl L. Fletcher Jr.

West Virginia Law Review

No abstract provided.

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Insurance Advertising - Much Ado About Nothing Lawyer's Forum., Michael A. Hatchell Sep 1979

Insurance Advertising - Much Ado About Nothing Lawyer's Forum., Michael A. Hatchell

St. Mary's Law Journal

Abstract Forthcoming.

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Response: Pornography And The First Amendment, Frederick Schauer Jul 1979

Response: Pornography And The First Amendment, Frederick Schauer

Faculty Publications

No abstract provided.

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A Dubious Neutrality: The Establishment Of Secularism In The Public Schools, Paul James Toscano May 1979

A Dubious Neutrality: The Establishment Of Secularism In The Public Schools, Paul James Toscano

BYU Law Review

No abstract provided.

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The Attempt To Develop An Appropriate Standard Of Liability For The Defamation Of Public And Private People: The Supreme Court And The Federalization Of Libel Law, Howard A. Gutman Apr 1979

The Attempt To Develop An Appropriate Standard Of Liability For The Defamation Of Public And Private People: The Supreme Court And The Federalization Of Libel Law, Howard A. Gutman

North Carolina Central Law Review

No abstract provided.

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Attorney Advertising Over The Broadcast Media, I. Terry Currie Apr 1979

Attorney Advertising Over The Broadcast Media, I. Terry Currie

Vanderbilt Law Review

This Note will examine the first amendment issues that broadcast attorney advertising raises. The Note will begin with a general discussion of the analytical approach adopted by the Supreme Court in freedom of speech and commercial speech cases. Next, the Note will explore the "special problems" and unique characteristics of the broadcast media as they relate to the interests affected by broadcast attorney advertising, concluding that the benefits afforded to consumers outweigh the potential risks created by such advertising. The Note will also briefly consider various regulations on broadcast advertising adopted by the bar at both the state and federal …

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First Amendment Interest Balancing-Behind Bars?, Teresa L. Mussetto Mar 1979

First Amendment Interest Balancing-Behind Bars?, Teresa L. Mussetto

University of Miami Law Review

This casenote examines the recent decision of Houchins v. KQED; Inc., in which the Supreme Court of the United States narrowly construed the right of access afforded the news media in their coverage of penal facilities. The analysis focuses upon the first amendment methodology utilized by the Court in its decisionmaking process. The author concludes with a critical assessment of the Court's departure from accurate interest balancing technique.

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