First Amendment Commons^™

Constiutional Law - Free Speech - Judicial Review Of Qualifications Of Legislators - Bond V. Floyd, 87 S. Ct. 339 (1966), Karen Atkinson

William & Mary Law Review

No abstract provided.

Constitutional Law - Free Speech - Draft Card Burning - U.S. V. Miller, 367 F.2d 72 (2nd Cir. 1966), Glenn J. Sedam Jr.

William & Mary Law Review

No abstract provided.

The Problem Of Church And State In Terms Of The Nonestablishment And Free Exercise Of Religion, Royal C. Gilkey

William & Mary Law Review

No abstract provided.

Religion And The Public Schools, P. Raymond Bartholomew

Vanderbilt Law Review

The first amendment to the United States Constitution contains a dual command with respect to governmental involvement with religion: government must "make no law respecting an establishment of religion or prohibiting the free exercise thereof." Although some have insisted that the first amendment requires a strict separation of church and state, the conclusion is inescapable that the two clauses were intended to operate together in harmony. It is apparent, therefore, that the conflicting policies of the "no establishment" clause and the "free exercise" clause must be balanced and reconciled. The United States Supreme Court has held that this balancing effort …

Constitutional Law - Right Of Privacy - Time, Inc. V. Hill, 87 S. Ct. 534 (1967), Charles E. Friend

William & Mary Law Review

No abstract provided.

Constitutional Law - Contempt By Publication - Phoenix Newspapers, Inc. V. Superior Court, 418 P.2d 594 (Ariz. 1966), Paul M. Morley

William & Mary Law Review

No abstract provided.

Labor Law-Nlrb Regulation Of Employer's Pre-Election Captive Audience Speeches, Michigan Law Review

Michigan Law Review

One of the most effective weapons that an employer may utilize to dissuade his employees from accepting unionization is an antiunion speech delivered to the assembled employees on company time and property shortly before a scheduled representation election. Two recent National Labor Relations Board (NLRB) decisions have provided an opportunity for reopening the much debated question of a campaigning union's right to reply under equal opportunity conditions to such a captive audience speech. In McCulloch Corp., a union sought to have the unfavorable results of a representation election set aside on the ground that the employer's refusal to allow …

The Elementary And Secondary Education Act The Implications Of The Trust-Fund Theory For The Church-State Questions Raised By Title I, Jon Feikens

Michigan Law Review

The issues raised by the granting of federal aid both to education in general and to non-public education in particular have caused considerable controversy in recent years. Although several federal statutes dealing with various aspects of both types of aid had been enacted previously, the early 1960's saw an increased desire on the part of Congress to enter this area with a comprehensive plan. Finally, in 1965, the question of aid to education in general was resolved in favor of carrying the war on poverty to the elementary and secondary schools. Simultaneously, a so-called "church-state settlement" was reached whereby it …

Constitutional Law-Church And State-Shared Time: Indirect Aid To Parochial Schools, Michigan Law Review

Michigan Law Review

For over forty years, public schools have been participating in shared time programs pursuant to which non-public school children attend public schools for instruction in one or more subjects during the regular school day. Since ninety per cent of the pupils in nonpublic elementary and secondary schools are in Roman Catholic schools, shared time-or, as it is also known, dual enrollment raises questions of an establishment of religion in contravention of the provisions of the first amendment to the Constitution. To date, no court has faced this constitutional issue and only three state courts have ruled upon the validity of …

Constitutional Law - Civil Liberties, Adderley V. Florida, 87 S.Ct. 242 (1966), Glenn J. Sedam Jr.

William & Mary Law Review

No abstract provided.

Constitutional Law--Fair Trial And Free Press--Resolution Of A Conflict, Jack William Debolt

West Virginia Law Review

No abstract provided.

The Development Of The Right Of Assembly: A Current Socio-Legal Investigation, George P. Smith Ii

Scholarly Articles

It will be the purpose of this article to assay the historical evolution of the freedom of assembly, noting first its development in England and later in America and finally its current position in the twentieth century. Even though the rights of free speech, association, and religion are inescapably drawn into case discussions of freedom of assembly, effort will be made to confine the consideration to the pertinent assembly problems. In addition to considering the fundamental legal propositions embodied in this right, as well as its raison d'etre, thought and discussion will be given to the sociological interpretations of the …

The New York Times Rule: Judicial Overkill, Lewis C. Green

Villanova Law Review (1956 - )

No abstract provided.

Free Speech And Prior Restraints - Kovach V. Maddux

Maryland Law Review

No abstract provided.

Unauthorized Practice Of Law-Union Program Of Hiring Attorneys Is Unauthorized Practice Of Law--Illinois State Bar Ass'n V. United Mine Workers Of America, Michigan Law Review

Michigan Law Review

District 12 of the United Mine Workers (UMW) employed an attorney on a salary basis to prosecute members' claims under the Workmen's Compensation Act. Members were free to employ other counsel, but if they sought help from the union lawyer, the union agreed not to interfere with the attorney-client relationship. The attorney prepared his case from filed reports of the accidents, and, generally, his first contact with the union member was when they appeared before the Commission. Since the attorney was compensated by the union, the entire amount received in award or settlement went to the member. The Illinois Bar …

Newsmen And The Times Doctrine, Harold L. Nelson

Villanova Law Review (1956 - )

No abstract provided.

Expanding Liberties: Freedom's Gains In Postwar America, By Milton R. Konvitz, Gary S. Goodpaster

Indiana Law Journal

No abstract provided.

Book Review, Michael E. Tigar

Faculty Scholarship

No abstract provided.

A Union Member's Right Of Free Speech And Assembly: Institutional Interests And Individual Rights, James B. Atleson

Journal Articles

No abstract provided.

Obscenity: From Hicklin To Hicklin?, Frank W. Smith Jr.

University of Richmond Law Review

Modern advances in printing, distribution and advertisement have accentuated an old problem of social and legal significance-what, if anything, should be done to control obscene publications. Increased concern with the problem has been shown not only by organizations active in this area, by numerous articles and books which have recently been written, but also by the courts, highlighted by the recent Ginzburg, Mishkin' and 'Fanny Hill' cases. These cases have been hailed by some as a license for a full scale war on the "smut peddlers" and by others as a caution to proceed slowly. The obscenity problem brings into …

Reason And Passion: The Constitutional Dialectic Of Free Speech And Obscenity, John M. Finnis

Journal Articles

In recent obscenity cases, the Supreme Court has been attempting to define the constitutional meaning of "speech." This is not as banal a statement as it may seem, for there are critics, both on and off the Court, who think that the Court's task is to define "freedom."

Some advocate boundless freedom in this area. For them, obscenity raises no special problems of definition, and is simply an exercise of speech or press presenting dangers which are remote and disputable, rather than clear and present. From this point of view, the only relevant distinction is that between "speech" and "conduct." …

Direct Restraint On The Press, Thomas L. Shaffer

Journal Articles

If I were to suggest that the public force be used to silence and hide sources of information about government as Mr. Cooper's committee, the Supreme Court of New Jersey, the United States Attorney General, and United States Senator Morse have suggested, I could begin with impressive authority. If I were to suggest nothing at all, as the organized press has done, I could begin with swelling rhetoric on the nature of man. But for my suggestion, direct restraint on the press, the only thing at hand is a fable, the story of a crisis that nearly prevented the marriage …

Civil Disobedience: A New Credo?, Robert B. Mckay

Georgia Law Review

The signing of the Declaration of Independence on July 4, 1776, Benjamin Franklin warned that "We must all hang together or assuredly we shall all hang separately." Abraham Lincoln, in our nation's darkest hour, took his cue from the Biblical admonition of St. Mark to insist that a nation divided against itself cannot stand. From statements like these is derived the proposition that in unity there is strength. This simple truth, however, conceals a problem which is no different today than it has always been. We must ask: What is the price of unity, and is it worth the cost? …

The Right To Know: Fair Comment - Twentieth Century, Arthur B. Hanson

Villanova Law Review (1956 - )

No abstract provided.

Attorneys--Self-Incrimination--The Attorney's Privilege Against Self-Incrimination In A Disbarment Proceeding, Michigan Law Review

Michigan Law Review

A state court has jurisdiction to deal with the alleged misconduct of attorneys practicing before it either explicitly by statute or by ' virtue of its power to control the conduct of its own affairs. Indeed, it can suspend or disbar an attorney who fails to maintain the standard of conduct established for members of the legal profession. One aspect of such a standard is that an attorney is bound not to obstruct the administration of justice, a duty which imposes upon him an affirmative obligation to cooperate with the courts. The question frequently arises whether, in order to satisfy …

The Conscientious Objector And The First Amendment: There But For The Grace Of God . . ., John Henry Schlegel

Journal Articles

No abstract provided.

The Roth Test And Its Corollaries, Bradford Coupe

William & Mary Law Review

No abstract provided.

Constitutional And Related Public Law Issues In The 1965 Term Of The Supreme Court

William & Mary Law Review

No abstract provided.

The First Amendment And The Suppression Of Warmongering Propaganda In The United States: Comments And Footnotes, William W. Van Alstyne

Faculty Publications

In an attempt to determine how the First Amendment may protect speakers’ rights to make inflammatory statements calling for violence against a sovereign, this article breaks down this larger question into three categories based on the speaker: the government, foreigners abroad, or American citizens.

Developments In The Law Of Libel: Impact Of The New York Times Rules, Arthur B. Hanson

William & Mary Law Review

No abstract provided.