First Amendment Commons^™

Social Security And The Plain People, Paul C. Cline

West Virginia Law Review

No abstract provided.

Constitutional Law--Church And State--Freedom Of Religion--The Constitutionality Under The Religion Clauses Of The First Amendment Of Compulsory Sex Education In Public Schools, Michigan Law Review

Michigan Law Review

It has been said that "[s]ex education, once the domain of the church and the home, has by necessity, become a responsibility of the schools." Indeed, by the operation of most state education statutes, sex education can be made compulsory in public primary and secondary schools if it is taught as part of otherwise compulsory classes or if the local school authorities have prescribed sex education courses as a compulsory part of the curriculum. While some of the state statutes authorize exemptions on religious grounds, most do not. Nevertheless, the introduction of sex education into public schools has not been …

The Warren Court: Completion Of A Constitutional Revolution, William F. Swindler

Vanderbilt Law Review

In the final weeks of its sixteen year history, the subject matter of the Warren Court's opinions ranged over most of the major constitutional issues with which it had concerned itself since 1953, and out of which it developed the seminal decisions for which it will be remembered. For example, it upheld an Alabama desegregation plan which provided for proportional racial representation on public school faculties,' and found a snack bar in a privately owned recreational facility to be within the "public accomodations" definition of the Civil Rights Act of 1964. It rejected a North Carolina county's request to reinstate …

Constitutional Law--Freedom Of Expression, Charles Blaine Myers Jr.

West Virginia Law Review

No abstract provided.

Constitutional Law - Libel - New York Times Rule Extended To Statements Made About Matters Of Public Concern, Stanley J. Davidson

Loyola University Chicago Law Journal

No abstract provided.

Freedom Of Speech Of The Public School Teacher, Edward M. Graham

Cleveland State Law Review

Courts, until recent years, when deciding whether teachers surrender their right of free speech by accepting employment in the public schools, have almost universally held that the rights of teachers as individuals are subordinate to the rights of school boards as public employers. In applying the principle of stare decisis, courts had continuously relied upon cases reasoned along the lines of early American decisions in which the courts considered the exemplar responsibility of the teacher as the only material issue. Because of this judicial outlook, teachers have had great difficulty defending against dismissal or other disciplinary action by their employing …

The Suppression Of Employer Free Speech - A New Ban On Conscious Overstatements And A Caveat Against Brinkmanship, Harry L. Browne, Howard F. Sachs

Villanova Law Review (1956 - )

No abstract provided.

The Anti-Injunction Statute And The First Amendment: The Yielding Of A Statute - Machesky V. Bizzell

Maryland Law Review

No abstract provided.

Book Review, James P. Huddleston

Cleveland State Law Review

Review of Charles Rembar, The End of Obscenity, Random House, 1969.

Free Speech On Private Property, Daniel A. Silver

Cleveland State Law Review

In our system of constitutional law the First Amendment right of freedom of speech has always maintained a preferred position. The Supreme Court of the United States, on numerous occasions, has proclaimed freedom of speech to be one of our most fundamental rights. An evolving problem in the area of free speech is the question of what constitutes a proper forum for the expression of First Amendment rights. This paper examines the use of private property as a forum for expression.

F.C.C. And The Fairness Doctrine, Marilyn G. Zack

Cleveland State Law Review

In the United States broadcasting is a competitive business. But radio and television also are media for the expression of free speech in matters of vital concern in a self-governing society. Freedom of protected from governmental abridgement by the first amendment. Is free speech unconstitutionally abridged by governmental action with respect to program content? Or do the fairness doctrine and the personal attack and editorialization rules enhance free speech? What quantum of program control can be justified on the basis of the public interest in view of the first amendment-which applies also to broadcasters?

Robert I. Grody, Kerry Kaplan Vs. State Of Indiana (Brief Of Appellants) In The Supreme Court Of Indiana, F. Thomas Schornhorst, Craig Eldon Pinkus

Historic Documents

Appeal from the Monroe Circuit Court

The Honorable Nat U. Hill, Judge

No. 1270-S294

Public Employment, Antiwar Protest And Preinduction Review, Robert M. O'Neil

Articles by Maurer Faculty

No abstract provided.

Judicial Overkill: The Campus And The Courts, Robert M. O'Neil

Articles by Maurer Faculty

No abstract provided.

Injunctions Against Speech And Writing: A Re-Evaluation, William O. Bertelsman

Kentucky Law Journal

No abstract provided.

Freedom Of Expression In Secondary Schools, Ann Aldrich, Joanne V. Sommers

Cleveland State Law Review

Guzick v. Drebus, currently under consideration on appeal to the United States Court of Appeals for the Sixth Circuit, raises important questions concerning the application of the First Amendment to secondary school students.

Constitutional Problems Of Population Control, Bettye S. Elkins

University of Michigan Journal of Law Reform

An analysis of the urgency and magnitude of the population problem would show that both national and human survival depend on limiting man's incredible ability to procreate. The world's resources are finite; man's consumption of them must be made so, too, or Malthus' four horsemen will balance the supply and demand for us. If we are not to starve our grandchildren, to leave them with no immunity to the pestilence of overcrowding and hopelessness, to kill them with pollution, or to force war upon them as the only way to secure enough territory to feed a voracious population, we must …

Exploiting The American Flag: Can The Law Distinguish Criminal From Patriot?

Maryland Law Review

No abstract provided.

Public Support And The Sectarian University, Walter Gellhorn, Kent Greenawalt

Faculty Scholarship

In mid-1968 we undertook to advise Fordham University concerning steps that might be appropriate to establish its eligibility for public assistance. As part of that task we tried to determine the extent to which present law requires official differentiation between Church-related and other institutions of higher learning. Since the University sought a wholly detached consideration of its legal posture, our conclusions in this article represent our best judgment of the present state of the law and its probable development. We have avoided indicating our own personal position on debatable legal and ethical issues.

First Amendment "Due Process", Henry Paul Monaghan

Faculty Scholarship

A number of recent Supreme Court opinions, primarily in the obscenity area, have fastened strict procedural requirements on governmental action aimed at controlling the exercise of first amendment rights. Professor Monaghan believes that there are two basic principles that can be distilled from these cases: that a judicial body, following an adversary hearing, must decide on the protected character of the speech, and that the judicial determination must either precede or immediately follow any governmental action which restricts speech. The author argues that these two broad principles should limit any governmental activity which affects freedom of speech, no matter how …

The "Rebellion" Of William 0. Douglas, Morris D. Forkosch

Georgia Law Review

THE major problem in reviewing another's thoughts is to minimize, since it cannot be eliminated, the interacting and modifying effect of one's own views and personal interpretations. This problem arises in all human relations, especially where words, not deeds, are in issue. According to Holmes, "[a] word is not a crystal, transparent and unchanged; it is the skin of a living thought and may vary greatly in color and content according to the circumstances and the time in which it is used." With this and other admonitions in mind,  it becomes clear that one who reads into Points of Rebellion …

Requiem For Roth: Obscenity Doctrine Is Changing, David E. Engdahl

Michigan Law Review

In 1957, the Supreme Court decided Roth v. United States and Alberts v. California, and thereby commenced what has proved to be one of the most perplexing and politically sensitive tasks the Court has ever undertaken-determining the constitutional limitations on the power of state and federal governments to regulate obscenity. After twelve years of decisions in the obscenity field, the regrettable truth is that "no stable approach to the obscenity problem has yet been devised by [the] Court." The unreconciled conflicts among the several opinions of Supreme Court Justices ·written since 1957, and the new uncertainties created by the …

Book Notes, Law Review Staff

Vanderbilt Law Review

Debtors in Court: The Consumption of Government Services

By Herbert Jacobs. Chicago: American Politics Research Series, Rand McNally & Co., 1969, Pp. xv, 244.

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The Infamous of Nuremberg

By Col. Burton C. Andrus

London: Leslie Frewin, 1969. Pp. 211. $4.00

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Labor and the Legal Process

By Harry H. Wellington

NewHaven: Yale University Press, 1968. Pp. viii, 409. $10.00.

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Obscenity and Public Morality

By Harry M. Clor

Chicago:University of Chicago Press, 1969. Pp. xii, 315. $9.50.

Parades And Protest Demonstrations: Punctual Judicial Review Of Prior Restraints On First Amendment Liberties, Valerie Tarzian

Indiana Law Journal

No abstract provided.

Constitutional Law - Right Of Free Speech - Tinker V. Independent Community School District, 89 S. Ct. 733 (1969), Terry B. Light

William & Mary Law Review

No abstract provided.

Constitutional Law - Private Possession Of Obscene Materials - Stanley V. Georgia, 89 S. Ct. 1243 (1969), Haldane Robert Mayer

William & Mary Law Review

No abstract provided.

The Constitution On The Campus, Charles A. Wright

Vanderbilt Law Review

This article is the text of the Oliver Wendell Holmes Lectures, delivered by Professor Wright at the Vanderbilt University School of Law in April, 1969. Oliver Wendell Holmes, Jr., left a large part of his estate to the United States at his death in 1935. By Act of Congress in 1955, the disposition of the property was entrusted to a Permanent Committee, which, among other projects, sponsors the, annual Hohnes Lectures by a distinguished legal scholar.

Professor Wright has brought to this topic both profound constitutional scholarship and wide experience in dealing with related problems at his university. His thesis …

Civil Disobedience And The Law, Frank M. Johnson, Jr.

Vanderbilt Law Review

This article is based on a speech delivered by Judge Frank M.Johnson, Jr. to the faculty and students of the Vanderbilt Law School. Judge Johnson's thesis is that "civil disobedience" presents a special challenge to judges and lawyers. He feels that there are alternatives to "civil disobedience" for challenging and protesting the law and that lawyers have a duty to inform the public of these alternate methods. Only in extreme cases does Judge Johnson believe that "civil disobedience" is justified. He illustrates his thesis with a discussion of the events surrounding the Democratic Convention at Chicago.

Picketing In Shopping Centers, Morris Forkosch

Washington and Lee Law Review

No abstract provided.

Political Defamation: The Price Of Candidacy, James H. Mccauley

West Virginia Law Review

No abstract provided.