First Amendment Commons^™

Would Macy's Tell Gimbel's: Government-Controlled Business Information And The Freedom Of Information Act, Forwards & (And) Backwards, Jo Anne Gazarek

Loyola University Chicago Law Journal

No abstract provided.

Freedom Of Expression And The Mentally Disordered: Philosophical And Constitutional Perspectives, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Mental illness is usually described as an impaired ability to communicate effectively. Yet the societal response--both historically and under modem psychiatric practice--has been to retard, rather than encourage, the acquisition of linguistic skills. This impediment to normal social intercourse leaves individual interests in free expression ineffectuated; it concerns the legal profession because the government condones and enforces the restriction of first amendment rights in a potentially large segment of the population. This article examines the philosophical justification for free communication for the mentally handicapped. It further suggests a systematic application of the first amendment to the particular problems of the …

Reaffirming The Freedom Of The Press: Another Look At Miami Herald Publishing Co. V. Tornillo, Michigan Law Review

Michigan Law Review

This note does not take issue with the result of the decision. Rather, the argument herein is that the access theory deserves more complete consideration. The Court used first amendment precedents to strike down the reply statute without exploring whether the rationale behind these precedents mandated such a result. In an effort to justify more fully the Court's conclusion, this note will first present the underlying rationale of the pro-access argument. It will then analyze the constitutionality of statutes that would implement a right of access. Finally, the note will discuss several practical difficulties that access legislation would present.

Obscenity, The Law And Religion, Thomas A. Long

IUSTITIA

The long history of the relation between Western religion and secular law is both interesting and complex.' In what follows I shall discuss one current social issue which is illustrative of this relation,namely, the relatively recent legal-moral controversy over obscenity.

Meek V. Pittinger, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.

Doran V. Salem Inn, Inc., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

The Campus Press: A Dysfunctional Entity, Albert N. Whiting

North Carolina Central Law Review

No abstract provided.

The Constitutionality Under The First Amendment Of Statutes Granting A Right Of Reply Or Access To The Print Media

Washington and Lee Law Review

No abstract provided.

Counter-Advertising In The Broadcast Media: Brining The Administrative Process To Bear Upon A Theoretical Imperative, Tom A. Collins

William & Mary Law Review

No abstract provided.

First Amendment Rights And The Use Of Public Facilities By Private Groups With Discriminatory Membership Policies: National Socialist White People's Party V. Ringers, Charles Baily Tomb

Washington and Lee Law Review

No abstract provided.

The Future Of First Amendment Overbreadth, J. W. Torke

Vanderbilt Law Review

In Broadrick, Justice White suggests that the willingness of the Court in the past to accord standing to litigants to raise the over-broad aspects of a statute without regard to their own conduct'depended on a "judicial prediction or assumption" regarding the threat to liberty that the statute posed.' The spirit with which the Court makes such predictions would appear to be determinative not only of the underlying standing issue but of the overbreadth claimas well." The key to discovering the paths by which the Court is "retreating" from its overbreadth holiday of the sixties lies in the recognition that the …

Evidence—New York Press Shield Law Applies Only When Confidential Relationship Exists Between A Newsman And His Source., Robert L. Nisely

Buffalo Law Review

WBAI-FM v. Proskin, 42 App. Div. 2d 5, 344 N.Y.S.2d 393 (3d Dep't 1973).

"Don't Bother To Smile When You Call Me That"--Fighting Words And The First Amendment, Thomas F. Shea

Kentucky Law Journal

No abstract provided.

Constitutional Law, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Constitutional Law - First Amendment - Freedom Of Speech And Press - New York Times Standard Is Inapplicable To A Defamed Individual Who Is Neither A Public Official Nor A Public Figure, And Only Actual Injury Is Compensable Absent Showing Of Actual Malice, William E. Molchen Ii

Villanova Law Review (1956 - )

No abstract provided.

Constitutional Sources Of The Penumbral Right To Privacy, R. H. Clark

Villanova Law Review (1956 - )

No abstract provided.

Constitutional Law - First Amendment - Freedom Of The Press To Gather News, Lynn C. Malmgren

Villanova Law Review (1956 - )

No abstract provided.

The New York Times Rule--The Awakening Giant Of First Amendment Protections, Frank H. Warnock

Kentucky Law Journal

No abstract provided.

Defects In Indiana's Pornographic Nuisance Act, Thomas L. Davis

Indiana Law Journal

No abstract provided.

Blood Transfusions And Elective Surgery: A Custodial Function Of An Ohio Juvenile Court, M. J. Zaremski

Cleveland State Law Review

Juvenile Court has traditionally been though of, within American jurisprudence, as an appendage of the state acting as parens patriae. This obligation dates back to the ancient role of the sovereign as protector of helpless children. An abundance of case law has con- strued and reinterpreted this doctrine, but none has significantly deviated from the general definition. Therefore, the description given in Black's Law Dictionary that parens patriae refers ". . to the sovereign power of guardianship over persons under disability . . . such as minors . . ." will suffice for the purposes of the ensuing discussion. These …

Political Candidates' Loyalty Oaths, Jeffrey F. Liss

University of Michigan Journal of Law Reform

When Washington mustered his revolutionary army, when South Carolinians called for secession, and when Senator Joseph P. McCarthy kindled fears of Communist infiltration, many people affirmed their loyalty to the nation by swearing oaths. Perhaps the oath givers hoped to subdue the anxieties of those anxious times by reducing the ambiguities in the behavior and beliefs of others. Candidates for political office have not escaped suspicion; eight states still require political candidates to swear oaths of loyalty before their names can appear on the ballot. But constitutional doctrine and changing times have diminished the loyalty oath's scope and significance. This …

The Constitutional Right To Free Communication Of The Institutionalized Resident, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

This article comes from the notes and comments section of the North Carolina Central Law Journal from 1973.

Justified by the generic first amendment protection to unabridged expression and association, a United States citizen cannot be unreasonably denied the right to communicate by mail; by telephone; with legal counsel; with the opposite sex; with others. In most states where such a citizen becomes "mentally ill," the person may be involuntarily civilly committed. Although there is no justification for such a commitment beyond the fact that the individual is sick and is in need of care, often the individual's first amendment …

A Critique Of The Recent Supreme Court Obscenity Decisions, Herald Price Fahringer, Michael J. Brown

Kentucky Law Journal

No abstract provided.

Constitutional Law: Freedom Of Religion--Peyote And The Native American Church, George De Verges

American Indian Law Review

No abstract provided.

Native American Culture: The Use Of Feathers As A Protected Right, John Geb

American Indian Law Review

No abstract provided.

Book Review Of Review Of The Constitutionalist: Notes On The First Amendment, Philip Mullock

Journal of Legal Education

No abstract provided.

Positing A Right Of Access: Evaluations And Subsequent Developments, Tom A. Collins

William & Mary Law Review

No abstract provided.

Constitutional Law--The Judicial Role In Intra-Church Disputes In West Virginia, Linda S. Thompson

West Virginia Law Review

No abstract provided.

California Bankers Association V. Shultz, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.

Spence V. Washington, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.