First Amendment Commons^™

The Supreme Court's Interpretation Of The Guarantee Of Freedom Of Speech, David S. Bogen

Faculty Scholarship

No abstract provided.

Picketing And Freedom Of Speech: Comes The Evolution, 10 J. Marshall J. Prac. & Proc. 1 (1976), Jesse I. Etelson

UIC Law Review

No abstract provided.

Revitalizing The Clear-And-Present-Danger Test: Toward A Principled Interpretation Of The First Amendment, Jeffrey M. Shaman

Villanova Law Review (1956 - )

No abstract provided.

Remedies For Prejudicial Publicity: A Brief Review, James T. Ranney

Villanova Law Review (1956 - )

No abstract provided.

State Ex Rel. Swann V. Pack: Self-Endangerment And The First Amendment, Sarah N. Welling

Kentucky Law Journal

No abstract provided.

The Supreme Court's Interpretation Of The Guarantee Of Freedom Of Speech, David S. Bogen

Maryland Law Review

No abstract provided.

Discretionary Power To Grant Additional Peremptory Challenges In Highly Publicized Criminal Trials: Securing A Fair And Impartial Trial, Joseph A. Matteliano

Buffalo Law Review

No abstract provided.

Jurisdiction--The Short-Lived Death Of The Ker-Frisbie Doctrine, C. Jedson Nau

Vanderbilt Journal of Transnational Law

Why the Second Circuit Court of Appeals chose to retreat from its Toscanino holding is unclear. The drastic nature of the remedy afforded by Toscanino to any defendant illegally abducted has been criticized as too inflexible. On the other hand, the Lujan rule allows the remedy only in the limited circumstances of egregious conduct. The problem remains to determine what remedy, if any, should be available to victims who are subjected to illegal but not outrageous governmental conduct.

The government has vigorously argued that federal narcotics law enforcement depends upon the freedom of officers to abduct suspects, particularly from South …

Problems In Defining The Institutional Status Of The Press, Andrew A. Jaxa-Debicki

University of Richmond Law Review

This comment will deal with the concept of freedom of the press within the context of recent Supreme Court rulings which have directly or indirectly involved definitions of the role of the organized press in the governmental framework established by the Constitution. Specifically, the focus will be in the areas of the law dealing with defamation, testimonial privilege and the fair trial-free press controversy. The purpose will be to discern whether the Supreme Court is developing a concept of freedom of the press which is distinguishable from the general guarantee of freedom of speech and which derives its rationale from …

Freedom Of The Press And Public Access: Toward A Theory Of Partial Regulation Of The Mass Media, Lee C. Bollinger Jr.

Michigan Law Review

The purpose of this article is to examine critically these decisions and to explore whether there is any rational basis for limiting to one sector of the media the legislature's power to impose access regulation. The article takes the position that the Court has pursued the right path for the wrong reasons. There is a powerful rationality underlying the current decision to restrict regulatory authority to broadcasting, but it is not, as is commonly supposed, that broadcasting is somehow different in principle from the print media and that it therefore is not deserving of equivalent first amendment treatment. As will …

Constitutional Law-First Amendment-Newspaper Advertisement Of Abortion Referral Service Entitled To First Amendment Protection

University of Richmond Law Review

Controversies involving the first amendment rights of freedom of press and speech are not confined to reporters vowing to protect the identities of their sources against government prosecutors or committees attempting to identify them. An area of conflict of equal import is the degree of protection, if any, afforded commercial speech by the Constitution. In 1942, the Supreme Court in Valentine v. Chrestensen enunciated the commercial speech doctrine which has been used, despite subsequent criticism and attempts to limit the holding, to remove commercial adver- tisement from the ambit of constitutional protection.

The Right To Religious Freedom And World Public Order: The Emerging Norms Of Nondiscrimination, Myers Mcdougal, Harold Lasswell, Lung-Chu Chen

Articles & Chapters

No abstract provided.

Constitutional Law: The Right To Wear A Traditional Indian Hair Style--Recognition Of A Heritage, Peggy Doty

American Indian Law Review

No abstract provided.

Freedom Of The Press And Public Access: Toward A Theory Of Partial Regulation Of The Mass Media, Lee C. Bollinger

Faculty Scholarship

During the past half century there have existed in this country two opposing constitutional traditions regarding the press. On the one hand, the Supreme Court has accorded the print media virtually complete constitutional protection from attempts by government to impose affirmative controls such as access regulation. On the other hand, the Court has held affirmative regulation of the broadcast media to be constitutionally permissible, and has even suggested that it may be constitutionally compelled. In interpreting the first amendment, the Court in one context has insisted on the historical right of the editor to be free from government scrutiny, but …

First Amendment Protection For Commercial Advertising: The New Constitutional Doctrine, Thomas W. Merrill

Faculty Scholarship

Governmental regulation of commercial advertising has become a major focus of challenges to established first amendment doctrine. An increasing number of suits have raised constitutional objections to regulations of false or deceptive advertising, regulations of offensive advertising, prohibitions of commercial advertising in certain forums, prohibitions of price advertising for particular products or services, and prohibitions of all advertising for particular products or services.' Until recently, the majority of courts upheld such regulations under the Supreme Court's ruling in Valentine v. Chrestensen that "purely commercial advertising" is unprotected by the first amendment.

In the last two years the Court has subjected …

Search And Seizure Of The Media: A Statutory, Fourth Amendment And First Amendment Analysis, James S. Liebman

Faculty Scholarship

On the evening of October 10, 1974, police appeared at radio station KPFK-FM in Los Angeles with a warrant authorizing them to search the premises for a New World Liberation Front (NWLF) "communique" that took credit for a recent bombing. The officers conducted an intensive 8-hour search-combing files, listening to tapes, and looking through reporters' notes – finally concluding that the NWLF letter was not at the station. The KPFK search warrant was one of six that California law enforcement officials have executed at press offices since 1972. The circumstances surrounding the incident illustrate the rationale behind the recent development …

Constitutional Law—The Public Forum In Nontraditional Areas—Lehman V. City Of Shaker Heights, 418 U.S. 298 (1974), David D. Swartling

Washington Law Review

In 1970, Harry Lehman, a candidate for election to the Ohio state legislature, attempted to purchase advertising space on local buses belonging to the city of Shaker Heights' rapid transit system. Although space was available, the advertising agent for the transit company rejected Lehman's request because its contract with the city proscribed political advertising on buses. Lehman sought a declaratory judgment and an injunction, alleging violation of the first and fourteenth amendments. The trial court denied relief, and the state supreme court affirmed. In a 5-4 decision, the United States Supreme Court affirmed. In the plurality opinion, Justice Blackmun concluded …

Recent Cases, Robert L. Teicher, Timothy C. Maguire

Vanderbilt Law Review

In the 1930 decision of State ex rel. LaFollette v. Kohler, the Wisconsin Supreme Court rejected the earliest free speech challenge to a candidate expenditure limitation. The court held that the state's interest in protecting the integrity of its electoral process outweighed the individual's right of communicating with the public without governmental infringement." The court's identification of the communicative effect of campaign spending anticipated the United States Supreme Court's ruling in Stromberg v. California" that communicative conduct was entitled to protection from government infringement. The Court, however, hampered the effectuation of this protection by failing to define conclusively the point …

Constitutional Law--Commercial Speech Doctrine--A Clarification Of The Protection Afforded Under The First Amendment--Bigelow V. Virginia

BYU Law Review

No abstract provided.

The Future Of Cable Communications And The Fairness Doctrine, Tom A. Collins

Faculty Publications

No abstract provided.

Recent Cases, Linda A. Bunsey, David M. Thompson, Charles K. Campbell, Jr., Keith B. Simmons, Thomas C. Hundley

Vanderbilt Law Review

If the instant case, rather than Northway, is to become the accepted rule in the area of discounting, consumers and state lenders will be protected while the national bank-lenders will be burdened only slightly, if at all. National banks located in states that permit state lenders to discount loans at the maximum rate, with-out regard to the actual yield, will not be affected. National banks located in states that permit state lenders to discount only to the extent that the actual yield is within the statutory maximum will need to change their practices merely by charging the statutory rate only …

The Federal Election Campaign Act Amendments Of 1974: The Constitutionality Of Limiting Political Advertising By The Non-Candidate, John P. Hollihan

Florida State University Law Review

No abstract provided.

Who Controls The Mass Media?, George L. Waas

Florida State University Law Review

By Martin H. Seiden. New York, New York: Basic Books, Inc. 1974. Pp. 246. $8.95.

Constitutional Law - First Amendment - Free Exercise Clause - Establishment Clause - Schools And School Districts, John C. Bates

Duquesne Law Review

The Supreme Court of Pennsylvania has held that inclusion of an invocation and benediction at a public high school commencement, at which attendance was voluntary, violated neither the free exercise clause nor the establishment clause of the first amendment of the United States Constitution nor that section of the Pennsylvania Constitution governing free exercise and establishment of religion.

Wiest v. Mt. Lebanon School District, 457 Pa. 166, 320 A.2d 362, cert. denied, 419 U.S. 967 (1974).

Libel And Slander - A State Is Precluded From Imposing Liability Without Fault Or Presumed Or Punitive Damges In The Absence Of New York Times Malice - Gertz V. Robert Welch, Inc., Steven Michael Levin

Loyola University Chicago Law Journal

No abstract provided.

Gertz V. Robert Welch, Inc.: Constitutional Privilege And The Defamed Private Individual, 8 J. Marshall J. Prac. & Proc. 531 (1975), Daniel A. Weiler

UIC Law Review

No abstract provided.

Elfbrandt V. Russell: The Demise Of The Loyalty Oath, Jerold H. Israel

Book Chapters

In Elfbrandt v. Russell, the Supreme Court, in a 5-to-4 decision, declared unconstitutional Arizona's requirement of a loyalty oath from state employees. At first glance, Elfbrandt appears to be just another decision voiding a state loyalty oath on limited grounds relating to the specific language of the particular oath. Yet, several aspects of Mr. Justice Douglas' opinion for the majority suggests that Elfbrandt is really of far greater significance: it may sharply limit the scope and coverage of loyalty oaths generally and, indeed, may presage a ruling invalidating all such oaths. Of course, only the Supreme Court can determine this. …

Public Broadcasting And The Problem Of Government Influence: Towards A Legislative Solution, Oscar G. Chase

University of Michigan Journal of Law Reform

This article will explore the problems raised by the emergence of the federal government as a television "sponsor." It will argue that fundamental structural reform is needed to promote the constitutional values at issue, that such reform will also promote the interests of local control sought by the Public Broadcasting Act of 1967, and that legislative action in furtherance of this structural solution is desirable. In this context this article will consider the proposed Public Broadcasting Financing Act of 1974 and will argue that any bill modeled on it would not eliminate the problems despite its salutary innovations. Not considered, …

Libraries, Librarians And First Amendment Freedoms, Robert M. O'Neil

Articles by Maurer Faculty

No abstract provided.

Regulation Of Commercial Speech: Commercial Access To The Newspapers

Maryland Law Review

No abstract provided.