First Amendment Commons^™

Civility And Freedom Of Speech, William H. Rehnquist

Indiana Law Journal

The text of this article was delivered as a Law Day address at Indiana University in the Spring of 1973.

Two Papers Delivered At A Symposium, "The Response Of Society To Unusual And Extreme Pressure Groups," Presented At Indiana University School Of Law, Sidney Hook, Michael I. Sovern

IUSTITIA

The following articles by Professor Hook and Dean Sovern are derived from talks delivered at a symposium, "The Response of Society to Unusual and Extreme Pressure Groups," presented at Indiana University School of Law on November 6, 1970. While the door has apparently closed upon the period of ghetto and campus riots of the la te six ties and early seven ties, the fundamental issues of human righ ts which they raised remain unresolved. The symposium attempted to assess the origins, consequences, and remedies for these conflicts. The recent confrontation between American Indians and federal troops at Wounded Knee, South …

The Supreme Court, Compulsory Education, And The First Amendment's Religion Clauses, Philip B. Kurland

West Virginia Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Conflict of Laws--Torts--Lex Loci Delicti Is Proper Law When Parties Are Domiciled in Different Jurisdictions Unless Displacing That Law Advances Forum State's Substantive Law Purposes Without Impeding Interstate Relations or Predictability of Result

Plaintiff, an Ontario domiciliary, brought an action in New York for the wrongful death of her husband, also a domiciliary of Ontario,who was killed in a collision in that province' while a passenger in an automobile driven by defendant's intestate, a New York domiciliary. Defendant pleaded as an affirmative defense the Ontario guest statute, which restricts a guest's recovery to damages for injuries sustained only as a …

Constitutional Law - First Amendment - Right Of Newsmen Not To Reveal Confidential Sources Of Information To A Grand Jury, Ronald Carl Weingrad

Duquesne Law Review

The Supreme Court has held that in a grand jury setting, a newsman's status is the same as that of any other citizen and therefore he must respond to subpoena and answer all relevant questions relating to any investigation into the commission of crime.

Branzburg v. Hayes, 408 U.S. 665 (1972).

The Prisoner And The First Amendment: Freedom Behind Bars?, Marian Conroy Haney

Loyola University Chicago Law Journal

No abstract provided.

Constitutional Law - Requiring Newsmen To Appear And Testify Before Federal And State Grand Juries Does Not Abridge Freedom Of Speech Or Freedom Of Press Guaranteed By First Amendment, Susan Steiner Sher

Loyola University Chicago Law Journal

No abstract provided.

Obscenity '73: Something Old, A Little Bit New, Quite A Bit Borrowed, But Nothing Blue

Maryland Law Review

No abstract provided.

Gregory Hess, Appellant V. State Of Indiana, Appellee (On Appeal From The Supreme Court Of Indiana) In The Supreme Court Of The United States, Patrick Baude, F. Thomas Schornhorst

Historic Documents

Jurisdictional Statement

October Term, 1973

A Comment On Dean Sovern's Paper, Patrick L. Baude

Articles by Maurer Faculty

No abstract provided.

Hope For The Functionally Politically Impotent Government Employee--A Hatch Act Reappraisal, James T. Gilbert

Kentucky Law Journal

No abstract provided.

The Forum Of Conscience: Applying Standards Under The Free Exercise Clause, Paul Marcus

Faculty Publications

The 1973 Supreme Court decision in Wisconsin v. Yoder reenforced and amplified the Court's earlier holding in Sherbert v. Verner that the free exercise clause of the first amendment requires the state to render substantial deference to religiously motivated behavior in the application of its laws and regulatory schemes. In this article, Mr. Marcus traces the evolving standards of free exercise doctrine and observes that the "balancing test" which has resulted from that evolution requires still further refinement to give religious freedom its full constitutional due. The author then illustrates how the new standards of free exercise might be applied …

Constitutional Law - Freedom Of Speech - Liquor Licensing Regulations Governing Nightclub Entertainment Are A Rational Exercise Of The State's Authority Under The Twenty-First Amendment, Even Though Expression Protected By The First Amendment Is Proscribed, E. R. Harding

Villanova Law Review (1956 - )

No abstract provided.

The Espionage Statutes And Publication Of Defense Information, Harold Edgar, Benno C. Schmidt Jr.

Faculty Scholarship

We began this lengthy study of the espionage statutes with grand designs. Our original goal, suggested by the Pentagon Papers litigation, was to elaborate the extent to which constitutional principles limit official power to prevent or punish public disclosure of national defense secrets. But this plan was short-lived. The more we considered the problem, the more convinced we became that the central issues are legislative. The first amendment provides restraints against grossly sweeping prohibitions, but it does not, we believe, deprive Congress of considerable latitude in reconciling the conflict between basic values of speech and security.

The Judicial Role In Intra-Church Disputes Under Constitutional Guarantees Relating To Religion, Royal Clarence Guilkey

West Virginia Law Review

No abstract provided.

Conspiracy And The First Amendment, David B. Filvaroff

Journal Articles

No abstract provided.

Hunt V. Mcnair, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Papish V. Board Of Curators Of The University Of Missouri, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.

Lemon V. Kurtzman, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

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

Supreme Court Case Files

No abstract provided.

Kaplan V. California, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Labor Law--Employer Free Speech--Use Of The Gissel Guidelines In Determining Predictions Or Threats, Douglas Alan Cornelius

West Virginia Law Review

No abstract provided.

The Expanding Constitutional Protection For The News Media From Liability For Defamation: Predictability And The New Synthesis, Michigan Law Review

Michigan Law Review

The tort of defamation has a long and complex history dating back to the sixteenth century. Though this tort from the very beginning did not find favor with the law courts, it has managed to survive into the second half of the twentieth century. But this survival may not endure much longer since the Supreme Court has found a deep conflict between the law of defamation and the first amendment. The reasons for this conflict and the Supreme Court's basic resolution of it in favor of first amendment values have been the subject of much scholarly comment, but the Court's …

Constitutional Law—Freedom Of Religion—Compulsory School Attendance Law: State Interests Balanced Against Beliefs Of Members Of The Amish Faith—State V. Yoder, 49 Wis.2d 430, 182 N.W.2d 539, Cert. Granted, 402 U.S. 994 (1971), Anon

Washington Law Review

Defendants, members of the Old Order Amish religion and of the Conservative Amish Mennonite Church, refused to enroll their children, eighth-grade public school graduates, in public high school and were subsequently convicted of violating the Wisconsin Compulsory School Attendance Law. The trial court held the attendance law to be a reasonable exercise of a governmental function of the state even though the law interfered with the defendants' sincere religious beliefs. The convictions and assessments of fines were affirmed by the circuit court. On appeal, the Wisconsin Supreme Court reversed. Held: The Wisconsin Compulsory School Attendance Law, as applied to the …

Federal Jurisdiction - In The Absence Of Bad Faith Harassment By State Authorities, The Mere Showing Of A Chilling Effect On First Amendment Freedoms Held Insufficient To Warrant A Federal Injunction Staying State Criminal Proceedings, Robert W. Sheppy

Loyola University Chicago Law Journal

No abstract provided.

Broadcasting, The Reluctant Dragon: Will The First Amendment Right Of Access End The Suppressing Of Controversial Ideas?, Donald M. Malone

University of Michigan Journal of Law Reform

The scope of this article will be limited to one aspect of electronic media programming-the extent to which the public is and should be exposed to an accurate cross section of public opinion and a broad range of controversial ideas. Many people, including the Federal Communications Commission (FCC), have acknowledged that a desirable goal for the broadcast media, particularly television, is to provide a marketplace for controversial ideas. Part II of this article will identify the principal reasons why that goal has not been achieved. Part III will examine the fairness doctrine, the antecedents of which have been traced back …

Parochiad And Prayer: A Perplexing Problem, William R. Fifner

Cleveland State Law Review

This paper is limited to a chronological examination of decisions of the United States Supreme Court involving aid to parochial education, an exploration of possible future aids, and inquiry into the question whether the extent of present aid and of possible future aid indicates that parochial schools and the general public are, or will be, on a collision course with respect to the free exercise of religion.

The Obscenity Terms Of The Court, O. John Rogge

Villanova Law Review (1956 - )

No abstract provided.

The Role Of Law In Educational Decision Making, John H. Vanderzell, Donald W. Dowd, Matthew W. Finkin, Mark R. Shedd

Villanova Law Review (1956 - )

No abstract provided.

The Role Of Law In Higher Education - An Administrator's View, John H. Vanderzell

Villanova Law Review (1956 - )

No abstract provided.