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Articles 7621 - 7650 of 7933

Full-Text Articles in First Amendment

The Free Exercise Of Religion: A Sociological Approach, Joseph M. Dodge Ii Feb 1969

The Free Exercise Of Religion: A Sociological Approach, Joseph M. Dodge Ii

Michigan Law Review

No overriding theory has heretofore been proposed capable of allocating the various rules of decision in free exercise cases according to an appropriate classification of fact situations. This Article suggests an objective sociological approach to defining and weighing the governmental and religious interests inhering in a given free exercise claim in order to eliminate value preferences from the constitutional weighing process. Religious interests will be ranked according to functional criteria internal to all religious systems and not dependent upon the belief content of any given sect. State interests will be analyzed in terms of formalized modes of governmental action involving …

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Draft Card Burning, Robert M. Phillips Jan 1969

Draft Card Burning, Robert M. Phillips

Cleveland State Law Review

It has long been recognized by the courts that not only written and spoken words," but certain acts and conduct will likewise be considered a form of speech protected under the First Amendment. However, it has been difficult for the courts to determine exactly what type of conduct or action is acceptable and thus protected as "symbolic" speech,and those which are objectionable in that they contravene public policy. This exact difficulty arose in two of the present cases. The Miller Court found that it could not determine whether willful burning of a draft card was speech; nevertheless it was punishable. …

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Review Of Concerning Dissent And Civil Disobedience, By A. Fortas, Terrance Sandalow Jan 1969

Review Of Concerning Dissent And Civil Disobedience, By A. Fortas, Terrance Sandalow

Reviews

Noah Chomsky has written of Justice Fortas' essay that it "is not serious enough for extended discussion." It would be a mistake to dismiss the essay so lightly. The prestige of Justice Fortas' office almost inevitably will gain for the essay an audience it would not otherwise have had, among whom will be those who will confuse the office with the argument. For some this confusion will insulate the argument from criticism. For others it will tarnish the office.

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Constitutional Law--First Amendment Freedom Of Speech And Press--Federal Communication Commission's Fairness Doctrine And Personal Attack Rule, C. Gray Pash Jr. Jan 1969

Constitutional Law--First Amendment Freedom Of Speech And Press--Federal Communication Commission's Fairness Doctrine And Personal Attack Rule, C. Gray Pash Jr.

Kentucky Law Journal

No abstract provided.

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Constitutional Law--Freedom Of Expression--Symbolic Free Speech, Nestor L. Olesnyckyj Jan 1969

Constitutional Law--Freedom Of Expression--Symbolic Free Speech, Nestor L. Olesnyckyj

Kentucky Law Journal

No abstract provided.

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Student Unrest, And The Law, William B. Saxbe Jan 1969

Student Unrest, And The Law, William B. Saxbe

Cleveland State Law Review

Many people have recently expressed alarm about the student unrest in our universities and on our college campuses. I am delighted to have this opportunity to submit an article to The Cleveland State Law Review, for it provides a forum for me to express my views on the subject.

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Libelous Ridicule By Journalists, James M. Naughton, Eric R. Gilbertson Jan 1969

Libelous Ridicule By Journalists, James M. Naughton, Eric R. Gilbertson

Cleveland State Law Review

Proof of actual malice, or even establishing that an attack in ridicule bears no relation to public conduct, seems at best, extremely difficult to bring out. The public interest in protecting itself, through criticism of those in prominence, weighs much more heavily on the scales of justice than does the interest of public figures in protecting themselves from personal attack. So go ahead and draw your cartoons, Conrad. Keep sticking pins in the kewpie dolls of America, Art Buchwald. And tell it like it is, Pogo.

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Journalistic Media And Fair Trial, William M. Ware, Gerard D. Dimarco Jan 1969

Journalistic Media And Fair Trial, William M. Ware, Gerard D. Dimarco

Cleveland State Law Review

The rights of an accused to a fair trial, and freedom of the press, both are fundamental rights guaranteed by the Federal Constitution. Yet these constitutional guarantees, in collision, present one of the most critical current conflicts in the administration of criminal justice. The problem involves what is presently called "prejudicial news reporting" -news which is prejudicial to the right of the defendant to a fair trial. This paper will try to analyze this conflict, hoping to reach some conclusions which will ultimately aid in the administration of justice without abridging the rights of any parties involved.

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Unconstitutional Conditions Upon Public Employment: New Departures In The Protection Of First Amendment Rights, Harold H. Bruff Jan 1969

Unconstitutional Conditions Upon Public Employment: New Departures In The Protection Of First Amendment Rights, Harold H. Bruff

Publications

No abstract provided.

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The Constitutional Rights Of Public Employees: A Comment On The Inappropriate Uses Of An Old Analogy, William W. Van Alstyne Jan 1969

The Constitutional Rights Of Public Employees: A Comment On The Inappropriate Uses Of An Old Analogy, William W. Van Alstyne

Faculty Publications

Beginning with Justice Douglass's assertion that the State is bound in the same ways when acting as an employer as it is when acting as a governing body, this examination delves deeper to determine how this doctrine actually limits the government when it acts as an employer. This article endorses the theory of examining these limits not in the context of if the government is allowed to enforce them in the public sphere, but if the government may mandate such limits in the private sphere.

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Draft Card Burning Denied Symbolic Speech Protection Under Governmental Interest Rationale, James R. Goodwin Jan 1969

Draft Card Burning Denied Symbolic Speech Protection Under Governmental Interest Rationale, James R. Goodwin

San Diego Law Review

On the morning of March 31, 1966, David O’Brien and three companions burned their draft cards on the steps of the South Boston Courthouse in protest against the Selective Service System and the war in Vietnam. The District Court of Massachusetts rejected O’Brien’s claim that his act was protected "symbolic speech" and convicted him of willfully and knowingly mutilating and destroying by burning his Registration Certificate in violation of section 12(b)(3) of the Universal Military Training and Service Act, 50 U.S.C. App. § 462(b), as amended, 79 Stat. 586.

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Review Of Selective Service Reclassifications, Robert M. O'Neil Jan 1969

Review Of Selective Service Reclassifications, Robert M. O'Neil

Articles by Maurer Faculty

No abstract provided.

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The Constitutional Rights Of Public Employees: A Comment On The Inappropriate Uses Of An Old Analogy, William W. Van Alstyne Jan 1969

The Constitutional Rights Of Public Employees: A Comment On The Inappropriate Uses Of An Old Analogy, William W. Van Alstyne

Faculty Scholarship

Beginning with Justice Douglass's assertion that the State is bound in the same ways when acting as an employer as it is when acting as a governing body, this examination delves deeper to determine how this doctrine actually limits the government when it acts as an employer. This article endorses the theory of examining these limits not in the context of if the government is allowed to enforce them in the public sphere, but if the government may mandate such limits in the private sphere

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The Warren Court: Religious Liberty And Church-State Relations, Paul G. Kauper Dec 1968

The Warren Court: Religious Liberty And Church-State Relations, Paul G. Kauper

Michigan Law Review

The purpose of this Article is to analyze the holdings of the Warren Court under these two clauses in an attempt to assess their significance by reference both to earlier interpretations and to the direction they may give to future development.

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"Uninhibited, Robust, And Wide-Open"--A Note On Free Speech And The Warren Court, Harry Kalven Jr. Dec 1968

"Uninhibited, Robust, And Wide-Open"--A Note On Free Speech And The Warren Court, Harry Kalven Jr.

Michigan Law Review

There are several ways to give at the outset, in quick summary, an over-all impression of the Warren Court in the area of the first amendment. The quotation in the title can for many reasons be taken as its trademark. The quotation comes, of course, from a statement about public debate made in the Court's preeminent decision, New York Times v. Sullivan, and it carries echoes of Alexander Meiklejohn. We have, according to Justice Brennan, "a profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open .... " What catches the eye is …

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The Warren Court And The Press, John P. Mackenzie Dec 1968

The Warren Court And The Press, John P. Mackenzie

Michigan Law Review

The conventional wisdom about the relationship between the ·warren Court and the news media runs something like this: With a few exceptions, the press corps is populated by persons with only a superficial understanding of the Court, its processes, and the values with which it deals. The Court has poured out pages of legal learning, but its reasoning has been largely ignored by a result-oriented news industry interested only in the superficial aspects of the Court's work. The Court can trace much of its "bad press," its "poor image," to the often sloppy and inaccurate work of news gatherers operating …

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Libel And Slander - Privilege - Cia Covert Agent's Statement Absolutely Privileged - Heine V. Raus, No. 11,195 (4th Cir. July 22, 1968), Donald E. Scearce Dec 1968

Libel And Slander - Privilege - Cia Covert Agent's Statement Absolutely Privileged - Heine V. Raus, No. 11,195 (4th Cir. July 22, 1968), Donald E. Scearce

William & Mary Law Review

No abstract provided.

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The Legal Philosophy Of John Marshall, Douglas A. Poe Oct 1968

The Legal Philosophy Of John Marshall, Douglas A. Poe

Vanderbilt Law Review

One of the greatest and most significant constitutional enigmas with which the Supreme Court has grappled during the past two decades has concerned the proper delineation of the first amendment's prohibition against the abridgment of "the freedom of speech." The range of problems confronted has extended from congressional investigations to state obscenity laws, from sit-in demonstrations to the provision of legal counsel by labor unions for their members. An all-encompassing and consistent theory of the first and fourteenth amendments has yet to be articulated by the Court, a situation which is hardly unexpected in view of the disparate claims asserted …

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Constitutional Law - Free Speech - Public Transit Advertising - Wirta V. Alameda-Contra Costa Transit Dist., 434 P.2d 982 (Cal. 1966), Joel H. Shane Oct 1968

Constitutional Law - Free Speech - Public Transit Advertising - Wirta V. Alameda-Contra Costa Transit Dist., 434 P.2d 982 (Cal. 1966), Joel H. Shane

William & Mary Law Review

No abstract provided.

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Book Review Of The First Freedom, Arthur B. Hanson Oct 1968

Book Review Of The First Freedom, Arthur B. Hanson

William & Mary Law Review

No abstract provided.

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Right To Picket On Quasi-Public Property Mar 1968

Right To Picket On Quasi-Public Property

Washington and Lee Law Review

No abstract provided.

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Constitutional Law--Freedom Of Speech--Desecration Of National Symbols As Protected Political Expression, Michigan Law Review Mar 1968

Constitutional Law--Freedom Of Speech--Desecration Of National Symbols As Protected Political Expression, Michigan Law Review

Michigan Law Review

Protest groups have long recognized the publicity value of engaging in dramatic kinds of symbolic behavior to express their disapproval of government policy, and recently they have resorted to the desecration of traditionally "sacred" symbols to achieve this end. Recourse to conduct offensive to the patriotic and religious sensibilities of large segments of the population seems to have paralleled the advent of widespread civil disobedience as an instrument of political persuasion. Specifically, dissent over the Vietnam war has produced a number of incidents involving public disrespect for the American flag. Thus, a need has arisen to analyze the extent to …

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Carmen: Movies, Censorship And The Law, Abner J. Mikva Feb 1968

Carmen: Movies, Censorship And The Law, Abner J. Mikva

Michigan Law Review

A Review of Movies, Censorship and the Law by Ira H. Carmen

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Newspaper Immunity In Reporting Judicial Proceedings, James W. Adams Jan 1968

Newspaper Immunity In Reporting Judicial Proceedings, James W. Adams

Cleveland State Law Review

Ordinarily, there is a legally enforceable right to recover damages for libelous statements. On the other hand, newspapers enjoy a constitutionally guaranteed right of free press. Free press however is not synonymous with a license to libel and newspapers normally stand in no better position than any other member of the community in defense of libel suits.

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How Far May Newspapers Go In Criticizing, Richard Szilagyi Jan 1968

How Far May Newspapers Go In Criticizing, Richard Szilagyi

Cleveland State Law Review

Any written or printed article which is false and is conveyed by publication to third parties is defamatory or "libelous." That is, it is actionable if it tends to subject the plaintiff to hatred, scorn, ridicule, public contempt or disgrace; or if it induces a substantial number of respectable community members to avoid, shun, or deprive him of their friendly association, even though the defamation imputes no moral turpitude to him. Despite a long history of judicial decisions and numerous discussions and writings by the legal profession, there are few areas of the law so unsettled as the law of …

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The First Amendment And Protection Of Reputation And Privacy--New York Times Co. V. Sullivan And How It Grew, William O. Bertelsman Jan 1968

The First Amendment And Protection Of Reputation And Privacy--New York Times Co. V. Sullivan And How It Grew, William O. Bertelsman

Kentucky Law Journal

No abstract provided.

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Jurisdiction--Libel--First Amendment's Role In Determining Place Of Trial In Libel Actions, Michigan Law Review Jan 1968

Jurisdiction--Libel--First Amendment's Role In Determining Place Of Trial In Libel Actions, Michigan Law Review

Michigan Law Review

The seeming unfairness of basing jurisdiction solely on such ordinarily inconsequential acts as mailing a newspaper into another state has troubled some courts. Traditionally, the validity of such a jurisdictional basis would be judged against the fourteenth amendment standard of "fair play." In several recent cases, however, courts have brought to bear constitutional standards of free speech as well as of fairness in dealing with the problem of jurisdiction over the out-of- state defendant in a libel action. The Court of Appeals for the Fifth Circuit, in deciding New York Times Co. v. Connor, ruled that "First Amendment considerations …

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The Demise Of The Right-Privilege Distinction In Constitutional Law, William W. Van Alstyne Jan 1968

The Demise Of The Right-Privilege Distinction In Constitutional Law, William W. Van Alstyne

Faculty Publications

The right-privilege distinction, as it appeared in an early statement by Justice Holmes, has long hampered individuals within the public sector in protecting themselves against arbitrary governmental action. In this article Professor Van Alstyne reviews the uses and misuses to which the "privilege" concept has been put and then examines those doctrines whose flanking attacks have gradually eroded its efficacy. But none of these doctrines comes to grips with Holmes' basic idea of a "privilege" to which substantive due process is inapplicable. Applying Holmes' own jurisprudence, the author argues that the concept of "privilege" is today no longer viable, and …

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Bedi: Freedom Of Expression And Security: A Comparative Study Of The Function Of The Supreme Courts Of The United States And India, Chester J. Antieau Dec 1967

Bedi: Freedom Of Expression And Security: A Comparative Study Of The Function Of The Supreme Courts Of The United States And India, Chester J. Antieau

Michigan Law Review

A Review of Freedom of Expression and Security: A Comparative Study of the Function of the Supreme Courts of the United States and India by A.S. Bedi

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The Second Front: Free Expression Versus Individual Dignity, George C. Haimbaugh Jr. Oct 1967

The Second Front: Free Expression Versus Individual Dignity, George C. Haimbaugh Jr.

William & Mary Law Review

No abstract provided.

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