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Articles 7351 - 7380 of 7933
Full-Text Articles in First Amendment
Balancing Freedom Of Speech, David S. Bogen
Standing Up For Flast: Taxpayer And Citizen Standing To Raise Constitutional Issues, David S. Bogen
Standing Up For Flast: Taxpayer And Citizen Standing To Raise Constitutional Issues, David S. Bogen
Faculty Scholarship
No abstract provided.
Violent Pornography: Degradation Of Women Versus Right Of Free Speech, Lisa G. Lerman
Violent Pornography: Degradation Of Women Versus Right Of Free Speech, Lisa G. Lerman
Scholarly Articles
No abstract provided.
Search Warrants In Newsrooms: Some Aspects Of The Impact Of Zurcher V. The Stanford Daily, Dwight L. Teeter Jr.
Search Warrants In Newsrooms: Some Aspects Of The Impact Of Zurcher V. The Stanford Daily, Dwight L. Teeter Jr.
Kentucky Law Journal
No abstract provided.
Children And The First Amendment, John H. Garvey
Children And The First Amendment, John H. Garvey
Scholarly Articles
If children possess moral and political rights against the state, theories about these rights have scarcely progressed beyond first principles. The state must retain power to regulate education and some aspects of family life. Parents sometimes have a final say concerning what a child may do and experience. Professor Garvey offers an account of the way in which these and other realities shape the child's rights of free expression under the first amendment.
Attorneys - Law Firm May Obtain Injunction Barring Soliciation Of Clients By Former Salaried Associates, John Stemplewicz
Attorneys - Law Firm May Obtain Injunction Barring Soliciation Of Clients By Former Salaried Associates, John Stemplewicz
Villanova Law Review (1956 - )
No abstract provided.
First Amendment Limitations On The Confidentiality Of Lawyer Disciplinary And Disability Proceedings, William H. Erickson
First Amendment Limitations On The Confidentiality Of Lawyer Disciplinary And Disability Proceedings, William H. Erickson
Kentucky Law Journal
No abstract provided.
Free Press-Fair Trial: Restrictive Orders After Nebraska Press, Doug Rendleman
Free Press-Fair Trial: Restrictive Orders After Nebraska Press, Doug Rendleman
Kentucky Law Journal
No abstract provided.
The End Of The "Commercial Speech" Exception--Good Riddance Or More Headaches For The Courts?, Francis H. Heller
The End Of The "Commercial Speech" Exception--Good Riddance Or More Headaches For The Courts?, Francis H. Heller
Kentucky Law Journal
No abstract provided.
The "Seven Dirty Words" Decision: A Potential Scrubbrush For Commercials On Children's Television?, Gerald J. Thain
The "Seven Dirty Words" Decision: A Potential Scrubbrush For Commercials On Children's Television?, Gerald J. Thain
Kentucky Law Journal
No abstract provided.
The Absoluteness Of The First Amendment, Stephen W. Gard
The Absoluteness Of The First Amendment, Stephen W. Gard
Law Faculty Articles and Essays
Despite an urgent need, the reality is that today we have no unifying free speech theory. Instead, the recent decisions of the United States Supreme Court suggest that doctrinal confusion reigns. Ironically, I would suggest that the cause of the present doctrinal confusion is not that insufficient attention has been paid to technical free speech issues, but rather that modern first amendment thinking has been dominated by "balancers." The poverty of the balancing approach, be it ad hoc or definitional in character, stems from its reliance on pragmatic considerations rather than on fundamental principles embodied in the enduring legacy of …
Zoning Control Of Abortion Clinics, Jan Ryan Novak
Zoning Control Of Abortion Clinics, Jan Ryan Novak
Cleveland State Law Review
This note will address some of the issues involved when communities propose to use the zoning power to limit the exercise of the constitutionally protected abortion decision, focusing on abortion clinic regulations in Cleveland, Ohio, and comparing them to ordinances in three other cities.
The First Amendment: A Symposium - An Introduction, Jerome A. Barron
The First Amendment: A Symposium - An Introduction, Jerome A. Barron
Kentucky Law Journal
No abstract provided.
The Right To Receive Information And Ideas Willingly Offered: First Amendment Protection For The Communication Process, James Putnam Abbott
The Right To Receive Information And Ideas Willingly Offered: First Amendment Protection For The Communication Process, James Putnam Abbott
Cardozo Law Review
No abstract provided.
"Indecent" Language: A New Class Of Prohibitable Speech? F.C.C. V. Pacifica Foundation, Robert T. Billingsley
"Indecent" Language: A New Class Of Prohibitable Speech? F.C.C. V. Pacifica Foundation, Robert T. Billingsley
University of Richmond Law Review
Courts in this country have long recognized that the first amendment guarantee of freedom of speech, while written in absolute terms, is not an unyielding bar to all government regulation. The basic question left unresolved, however, is under what circumstances the government may intervene on behalf of itself or its citizens to place restrictions upon the great protected right of communication. Mr. Justice Holmes, speaking for the Supreme Court in Schenck v. United States, indicated that the question was whether the words used would create a "clear and present danger" of bringing about "substantive evils that Congress has a right …
The Supreme Court And The Not-So-Privileged Press, John D. Epps
The Supreme Court And The Not-So-Privileged Press, John D. Epps
University of Richmond Law Review
The first amendment mandates freedom of the press, but the extent of that freedom has been the issue in scores of Supreme Court opinions. Whether press freedom is above and beyond that provided the general public by the first amendment has been a fertile question for debate. The question is more than academic, however; its answer has determined, for example, that reporters must be jailed for refusing to comply with subpoenas and that newsrooms can be searched for evidence of criminal activities.
Balancing Freedom Of Speech, David S. Bogen
Editorial Privilege And The Scope Of Discovery In Sullivan-Rule Libel Actions, Howard O. Hunter
Editorial Privilege And The Scope Of Discovery In Sullivan-Rule Libel Actions, Howard O. Hunter
Kentucky Law Journal
No abstract provided.
Private Speech And The Private Forum: Givhan V. Western Line School District, Frederick Schauer
Private Speech And The Private Forum: Givhan V. Western Line School District, Frederick Schauer
Faculty Publications
No abstract provided.
Free Press-Fair Trial: Restrictive Orders After Nebraska Press, Doug R. Rendleman
Free Press-Fair Trial: Restrictive Orders After Nebraska Press, Doug R. Rendleman
Faculty Publications
No abstract provided.
Constitutional Law - First Amendment - Release Of Toll Call Billing Records Disclosing Journalists' Confidential Sources Held Not Violate Of Freedom Of The Press And Not To Require Prior Judicial Review, Arthur B. Axelson
Villanova Law Review (1956 - )
No abstract provided.
Speech And Speech - Obscenity And Obscenity: An Exercise In The Interpretation Of Constitutional Language, Frederick Schauer
Speech And Speech - Obscenity And Obscenity: An Exercise In The Interpretation Of Constitutional Language, Frederick Schauer
Faculty Publications
Commentators have criticized the Supreme Court's use of the "two-level" theory of speech to place obscenity beyond the pale of the first amendment. They charge the Court with shirking the task of balancing first amendment values and the states' interests in regulating obscene material. Professor Schauer meets this criticism by examining the meaning of the word "speech" in the context of the purposes of the first amendment and the Constitution as a whole. He concludes that "speech"does not include a category.of obscenity'that performs the function of a surrogate sexual act and is lacking in communicative content. The Court's treatment of …
Confessions Of A Horizontalist: A Dialogue On The First Amendment, Larry Yackle
Confessions Of A Horizontalist: A Dialogue On The First Amendment, Larry Yackle
Faculty Scholarship
It is hardly surprising that the Supreme Court has never developed a satisfying theory of the first amendment. Free speech and press problems are many and varied, demanding the most delicate balance of interests in order to preserve a system of freedom of expression and at the same time afford proper respect for competing governmental objectives. Doctrine adapted to one medium of expression may not sit well when applied to others. With the passage of time, changes in technology, economic conditions, and the very nature of expression tend to outstrip the Court's ability to keep pace with doctrinal innovations. There …
Conscientious Objection To Public Education: The Grievance And The Remedies, Charles E. Rice
Conscientious Objection To Public Education: The Grievance And The Remedies, Charles E. Rice
BYU Law Review
No abstract provided.
Bell V. Wolfish, Lewis F. Powell, Jr.
Smith V. Daily Mail Publishing Co., Lewis F. Powell Jr.
Smith V. Daily Mail Publishing Co., Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Access Of The Poor To Basic Economic Needs: A New Concern In Freedom Of Speech Decisions, John E. Brengle
Access Of The Poor To Basic Economic Needs: A New Concern In Freedom Of Speech Decisions, John E. Brengle
Indiana Law Journal
No abstract provided.
Midwest Video Crop. V. Fcc: The First Amendment Implications Of Cable Television Access, John K. Silk
Midwest Video Crop. V. Fcc: The First Amendment Implications Of Cable Television Access, John K. Silk
Indiana Law Journal
No abstract provided.
The Arkansas Freedom Of Information Act: Executive Session Subject Matter, Elizabeth Robben Butler
The Arkansas Freedom Of Information Act: Executive Session Subject Matter, Elizabeth Robben Butler
University of Arkansas at Little Rock Law Review
No abstract provided.
Constitutional Fair Use, Michael D. Brittin
Constitutional Fair Use, Michael D. Brittin
William & Mary Law Review
No abstract provided.