First Amendment Commons^™

Media Lability For Libel Of Newsworthy Persons: Before And After Time, Inc. V. Firestone, Thomas E. Wheeler, Jr.

Florida State University Law Review

No abstract provided.

Civilizing Pornography: The Case For An Exclusive Obscenity Nuisance Statute, Doug R. Rendleman

Faculty Publications

Criminal penalties are increasingly perceived to be too severe for regulating obscenity. Professor Rendleman shares this perception and suggests that we replace criminal obscenity laws with an exclusive civil sanction utilizing injunctions. He proposes a comprehensive nuisance statute and discusses the various issues that arise in the equitable regulation of pornography.

Fair Trial/Free Press - Nebraska Press Association V. Stuart: Defining The Limits Of Prior Restraint In The Trial By Newspaper Controversy, Carol S. Antonelli

Loyola University Chicago Law Journal

No abstract provided.

Constitutional Law - Obscenity - 1977 Amendments To The Pennsylvania Obscenity Statute, John P. Kopesky

Villanova Law Review (1956 - )

No abstract provided.

Constitutional Law--Restricting The Application Of The Commercial Speech Doctrine, Stephen Lee Thompson

West Virginia Law Review

No abstract provided.

Performer's Right Of Publicity: A Limitation On News Privilege, Becky Moses

Cleveland State Law Review

The right of publicity protects an individual's right to control the use of a personal asset such as his name, likeness, or performance, which has acquired pecuniary value through the investment of time, effort, or money. Although this right has gained increasing recognition since the 1950's, it has often been confused with the right of privacy, out of which the right of publicity evolved. In Zacchini v. Scripps-Howard Broadcasting Co., the United States Supreme Court held that the news media is not privileged under the first and fourteenth amendments to broadcast a performer's entire act without his consent. It is …

Constitutional Privilege To Republish Defamation, Leslie Levin

Faculty Articles and Papers

Underlying the development of the law of defamation is a tension between two broad societal interests: protecting the reputation of individuals and safeguarding the free flow of discussion and information. The common law heavily favored the protection of reputation, offering only limited concessions to the competing interest. In recent years, however, the Supreme Court has refashioned the law of defamation to conform to a first amendment mandate that "debate on public issues should be uninhibited, robust and wide-open." In New York Times Co. v. Sullivan and subsequent cases, the Court established that public officials and public figures may not recover …

The Supreme Court And The Constitutional Rights Of Prisoners: A Reappraisal, Emily Calhoun

Publications

No abstract provided.

Tenure Rights In Contractual And Constitutional Context, Ronald C. Brown

Faculty Publications

No abstract provided.

Cracks In “The New Property”: Adjudicative Due Process In The Administrative State, William W. Van Alstyne

Faculty Publications

No abstract provided.

Attorney Advertising Is Commercial Speech Protected By The First Amendment - Bates V. State Bar

Maryland Law Review

No abstract provided.

The Hazards To The Press Of Claiming A “Preferred Position”, William W. Van Alstyne

Faculty Publications

No abstract provided.

The National Labor Relations Act And The Forgotten First Amendment, James E. Bond

Faculty Articles

In this article Professor Bond discusses several points. First, the freedom of association principle, whatever its constitutional paternity, is now treated by the Court as one among first amendment equals. It is thus a fundamental right which the government may limit only for the most compelling reasons and then only in that way which least intrudes upon its exercise. Second, the relationship of an employee both to his employer and to his fellow employees involves associational rights of the kind guaranteed and protected by the first amendment. Third, the exclusive representation rule' of the National Labor Relations Act seriously interferes …

Prior Restraints On Freedom Of Expression By Defendants And Defense Attorneys: Ratio Decidendi V. Obiter Dictum, Monroe H. Freedman, Janet Starwood

Hofstra Law Faculty Scholarship

Nebraska Press Association v. Stuart presents the Supreme Court's most strenuous disapproval of prior restraints on the press to date. Despite its concern for the first amendment rights of the press, however, the Court showed no such solicitude for the free speech rights of defendants and their attorneys. Instead, the two major opinions in Nebraska Press Association both contain unsupported, conclusory language suggesting that the special protection afforded the press might somehow be inapplicable to restraints against defendants and defense attorneys. The implication is that in order to secure their rights to fair trials defendants may have to sacrifice their …

Recent Cases, Samuel E. Stumpf, Jr., M. Carolyn Barefield, Robert S. Reder, Stephen C. Morton, Randolph C. Coley

Vanderbilt Law Review

Noerr-Pennington Immunity for Joint Efforts to Influence Governmental Action - Intent to Cause Competitive Injury, Evidenced by Repeated, Baseless Opposition Before an Adjudicatory Body, Does Not Result in Loss of Noerr-Pennington Immunity Absent Specific Allegations of Conduct External to or Abusive of the Adjutory Processes

Samuel E. Stumpf, Jr.

Constitutional Law - First Amendment - Student's Right to Receive Information Precludes Board's Removal of Allegedly Offensive Books from High School Library

M. Carolyn Barefield

Constitutional Law-Search and Seizure - Federal Courts Are Bound by Federal Wiretapping Statutes and Will Not Exclude Evidence Seized by State Agents in Violation of More …

Hostile-Audience Confrontations: Police Conduct And First Amendment Rights, Michigan Law Review

Michigan Law Review

This Note first suggests an explicit standard for police conduct in the hostile-audience situation that defines procedures the police must follow at various stages to avoid violating the first amendment. The standard reflects the fact that first amendment free speech rights are not absolute and that such rights must be weighed against both compelling state interests and the competing constitutional claims of other persons. It seeks to reconcile the interest in public order with our constitutional commitment to open discussion and robust debate. Finally, to deter police abuse of first amendment rights in the hostile-audience context, reforms of tort law …

Private Copyright And Public Communication: Free Speech Endangered, Lyman R. Patterson

Vanderbilt Law Review

Copyright as it has developed is essentially a private copyright for private communications made public for profit. Theoretically,the right to copyright is derived from the act of creation, and the choice of making his creations public is that of the author. As the copyright clause makes clear, the purpose of the private monopoly of copyright is to encourage the author to make his creations available for public learning. Television, on the other hand, is primarily a medium of public communication that has as a major function the transmission of public information to the public. To apply the present law of …

Buckley V. Valeo, Its Aftermath, And Its Prospects: The Constitutionality Of Government Restraints On Political Campaign Financing, Brice M. Clagett, John R. Bolton

Vanderbilt Law Review

The Supreme Court's decision in Buckley v. Valeo' undoubtedly will be the forerunner of many future decisions dealing with the complex area of political campaign finance and thus will exert a profound influence on the structure of American politics. From a broader perspective, the decision significantly applies fundamental constitutional law doctrines concerning the first amendment and separation of powers. Accordingly, a clear understanding of what the Court did and did not do in Buckley is essential to any further legislative or judicial initiatives in the regulation of political activity. This article will examine the Court's holdings in Buckley, describe the …

State Court Reactions To Gertz V. Robert Welch,Inc.: Inconsistent Results And Reasoning, Charles W. Gerdts, Iii, Kevin J. Wolff

Vanderbilt Law Review

This Recent Development will examine the state court reactions to Gertz, describe the reasons for the lack of uniformity in their conclusions, and suggest an approach to balancing the first amendment and reputational interests.

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

Supreme Court Case Files

No abstract provided.

Wolman V. Walters, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Mt. Healthy City School District Board Of Education V. Doyle, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.

Wooley V. Maynard, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Jones V. North Carolina Prisoners' Labor Union, Inc., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Constitutional Law--Legislative Immunity Outweighs First Amendment Rights, John J. Copelan Jr.

Mercer Law Review

In Eastland v. United States Servicemen's Fund the United States Supreme Court held that even in the face of an alleged infringement of first amendment rights, when a Senate subcommittee's activity falls within the "legitimate legislative sphere," the speech or debate clause of the United States Constitution protects the activities of the subcommittee, the individual senators and the chief counsel, thereby prohibiting judicial interference to enjoin a subpoena issued by the subcommittee.

School Books, Lesson Plans, And The Constitution, Frederick F. Schauer

West Virginia Law Review

No abstract provided.

Personality Testing By The Schools: A Possible Invasion Of Privacy, Angelika Hoyman

IUSTITIA

Contemporary critics, concerned with the maintenance of personal privacy, have termed the use of personality tests a "white glove rack and screw" . Monroe H. Freedman, Dean of Hofstra University School of Law, while testifying before a congressional subcommittee, compared the use of psychological tests to the administration of truth serums and found both to be an affront to personal dignity.

Nevertheless, the 1960's witnessed a three-fold increase in the number of school counselors employed in most schools and a nation-wide survey of these counselors indicated that at least one-third of their time was spent in dealing with the personal …

Music The Universal Healer: First Amendment Protection - Real Or Illusory, Donna Helen Crisp

North Carolina Central Law Review

No abstract provided.

Topless Dancing And The Constitution: A New York Town's Experience, Andrew C. Spacone

Buffalo Law Review

No abstract provided.

Constitutional Law--Libel And Slander--Defamation Of Political Candidates, David John Romano

West Virginia Law Review

No abstract provided.