First Amendment Commons^™

Compelled Medical Aid V. Religious Freedom

Washington and Lee Law Review

No abstract provided.

Libel And Slander--The Innocent Construction Rule, Ellen Fairfax Warder

West Virginia Law Review

No abstract provided.

The Right Of Protest And Civil Disobedience, Harrop A. Freeman

Indiana Law Journal

No abstract provided.

Customs Censorship, Jay A. Sigler

Cleveland State Law Review

The American national government is engaged in a vast program of censorship which includes a wider range of materials than that usually controlled by local government authority. The attention of the courts and the press has been concentrated primarily upon state and local censorship, but federal activity is usually more significant. The federal government has used the postal and customs powers, derived from Article I, Sec. 8 of the Constitution, to regulate both the internal movement of undesirable material and its entry from abroad. The postal power has been treated elsewhere, but the customs power is at least as important …

Reflections On The Academic Senate Resolution, Robert M. O'Neil

Articles by Maurer Faculty

No abstract provided.

The North Carolina Speaker Ban Law: A Study In Context, William Bondurant, Richard Gift, Louise Nelson, Brown Patterson, Philip Secor, Locke White

Kentucky Law Journal

No abstract provided.

Symposium: Student Rights And Campus Rules, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Authorization Of Involuntary Blood Transfusion For Adult Jehovah's Witness Held Unconstitutional--In Re Brooks' Estate, Michigan Law Review

Michigan Law Review

Despite serious illness, plaintiff requested, in accordance with her religious beliefs as a Jehovah's Witness, that blood transfusions not be administered to her. Upon the request of her physician and several assistant state's attorneys, a court-appointed guardian was authorized to consent to a blood transfusion for the plaintiff, and a transfusion was administered. On appeal of the court's action to the Supreme Court of Illinois, held, order reversed. The authorization of a blood transfusion for an adult Jehovah's Witness who has only adult children is an unconstitutional interference with the patient's right to the free exercise of her religion.

Fair Trial - Free Press, M. Ray Doubles

University of Richmond Law Review

Blazing headlines such as these, followed by detailed accounts of the crime given to newspaper reporters by the police, and opinions of the accused's guilt expressed by prosecuting attorneys, or alleged confessions of the accused with an account of his previous criminal record, have been the basis of many recent appellate court reversals of convictions had in trial court criminal cases. The reason assigned: Denial of a fair trial by an impartial jury.

Elfbrandt V. Russell: The Demise Of The Loyalty Oath, Jerold H. Israel

Articles

In Elfbrandt v. Russell, the Supreme Court, in a 5-to-4 decision, declared unconstitutional Arizona's requirement of a loyalty oath from state employees. At first glance, Elfbrandt appears to be just another decision voiding a state loyalty oath on limited grounds relating to the specific language of the particular oath. Yet, several aspects of Mr. Justice Douglas' opinion for the majority suggest that Elfbrandt is really of far greater significance: it may sharply limit the scope and coverage of loyalty oaths generally and, indeed, may presage a ruling invalidating all such oaths. Of course, only the Supreme Court can determine this. …

The Finance Cases, Jethro K. Lieberman

Other Publications

No abstract provided.

Note On Elfbrandt V. Russell And Loyalty Oaths, Jethro K. Lieberman

Articles & Chapters

No abstract provided.

Obscenity, 1966: The Marriage Of Obscenity Per Se And Obscenity Per Quod, Henry Paul Monaghan

Faculty Scholarship

In a widely admired article, Harry Kalven argued that the New York Times case embodies the "central meaning" of the First Amendment. On his view, in a free, open society, maximum protection must be accorded to "political" speech. He concluded that the right freely to criticize the government must lie at the center of any adequate theory of the First Amendment.

It is not so easy to make a comparable claim about the relationship between obscenity and the First Amendment. The Supreme Court's conception of obscenity is partially responsible. While the Court in Roth v. United States (1957) explicitly barred …

Privacy In Connecticut, Arthur E. Sutherland

Michigan Law Review

Occasionally a judgment of our Supreme Court, delivered in a superficially petty case, suddenly before our startled eyes displays fundamentals of our constitutional theory. Thus, in Griswold v. Connecticut, holding unconstitutional an 1879 Connecticut statute forbidding all persons to use contraceptive devices, the Court found it necessary to discover a "right of privacy" latent in the Bill of Rights and incorporated into the due process clause of the fourteenth amendment. The outcome of the case is satisfying; all nine Justices joined in saying, in one way or another, that Connecticut's statute was nonsense. I am happy to see this …

Constitutional Law--Freedom Of Religion And The Police Power, Hazel Armenta Straub

West Virginia Law Review

No abstract provided.

Nine Justices In Search Of A Doctrine, Thomas I. Emerson

Michigan Law Review

To the ordinary layman, Griswold v. Connecticut seemed easy. But to the lawyer it was somewhat more difficult. The lawyer's problem with the case was that the issues did not readily fit into any existing legal pigeonhole. Actually, there were five possibilities. The case could have been dealt with under the equal protection clause, the first amendment, substantive due process, the right of privacy, or, in extremis, the ninth amendment. In order to strike down the statute under any of these doctrines, however, the Court would be forced to enter uncharted waters. Whatever course the Court took, its action …

The Griswold Penumbra: Constitutional Charter For An Expanded Law Of Privacy?, Robert G. Dixon Jr.

Michigan Law Review

The comments that follow are divided into a brief review, for purposes of perspective, of the elusive nature of "privacy" as developed in American law to date, and an attempted rigorous analysis of the privacy aspects of Griswold. A final section suggests that effectuation of the new constitutional right of marital privacy necessarily or derivatively implies a corollary right of access to birth control information and devices-a right which should have been more clearly articulated by the Court.

Penumbras, Peripheries, Emanations, Things Fundamental And Things Forgotten: The Griswold Case, Paul G. Kauper

Michigan Law Review

The varying theories followed in the several opinions in the Griswold case can be fully understood and appreciated only in the context of the tortuous but fascinating history of the judicial interpretation of the fourteenth amendment.

The Right Of Privacy: Emanations And Intimations, Robert B. Mckay

Michigan Law Review

When Louis Brandeis and Samuel Warren wrote in 1890 of "The Right to Privacy," they sought a means of protecting against unwelcome newspaper attention to social activities in the Warren household. Addressing their argument to the private law of torts, they presumably did not anticipate constitutional protection for other rights under the claim of privacy. Nevertheless, seventy· five years later that concept, now called the "right of privacy," was used by the Supreme Court of the United States in Griswold v. Connecticut to describe a constitutional right. Some members of the Court said the new right was within the "penumbra" …

Obscene Literature, Law Review Staff

Vanderbilt Law Review

Obscene Literature

In 1959 the United States Supreme Court in Smith v. California'held a city and county ordinance unconstitutional for failure to require scienter on the part of a defendant. That ordinance, like many other ordinances and state statutes, subjected a bookseller to criminal prosecution for the sale of obscene literature regardless of whether he knew that it was obscene. The Court reasoned that such an ordinance would result in a bookseller's refusal to sell many publications which would not be legally suppressible but which the seller suspected of being obscene, perhaps without having read them. This self-censorship would constitute …

Charitable Tort Immunity Under The First Amendment, I. Stephen North

Vanderbilt Law Review

The doctrine of charitable tort immunity was conceived in England in 1861. The case of Holliday v. Leonard' held that to apply funds in trust to satisfy a tort claim would be to thwart the intent of the donor. In 1871, Holliday was overruled and since then charities in England have been liable for their torts. Apparently unaware that the Holliday case had been overruled, the courts of Massachusetts and Maryland' cited it as authority and established the immunity rule in America. From the beginning, the doctrine was not without its dissenters. In 1879, for example, Rhode Island rejected immunity. …

Predicting Court Cases Quantitatively, Stuart Nagel

Michigan Law Review

This article illustrates and systematically compares three methods for quantitatively predicting case outcomes. The three methods are correlation, regression, and discriminant analysis, all of which involve standard social science research techniques. Two prior articles have generated requests for a study dealing with the problems involved in handling a larger number of cases and predictive variables. The present article is also designed to provide such a study. It does not presuppose that the reader has read the earlier articles, although such a reading might help to clarify further some of the points made here. The cases used to illustrate the methods …

Ftc May Determine Whether Advertisements Containing Therapeutic Claims In Promotion Of Health Books Are Deceptive- Rodale Press, Inc., Michigan Law Review

Michigan Law Review

Rodale Press advertised that the ideas and suggestions in its publication, The Health Finder, would increase life span, prevent various diseases, and permit savings on medical and dental expenses. The Federal Trade Commission challenged the advertising claims, which were substantially restatements of claims made in the book, on the ground that adherence to the book's suggestions would not effect the promised results. The hearing examiner denied Rodale's motion to dismiss the complaint. On request for permission to file an interlocutory appeal from the dismissal, held, request denied, one commissioner dissenting. The Commission may challenge the collateral claims in …

Group Legal Services And The Right Of Association, Michigan Law Review

Michigan Law Review

The United States Supreme Court has recently curtailed the reach of state statutes that prohibit solicitation of legal business. In two unprecedented opinions the Court has held that the soliciting activities of lay organizations fall within the protection of the right of association.

Chief Justice Waite And The "Twin Relic": Reynolds V. United States, C. Peter Magrath

Vanderbilt Law Review

In the landmark case of Reynolds v. United States, the United States Supreme Court held that a general law prohibiting polygamy did not abridge the religious freedom of members of the Mormon faith guaranteed by the first amendment. The author here explores the background of Chief Justice Waite's opinion in Reynolds v. United States: the tenets and development of the Mormon faith in the United States, the character of the Waite Court, and the sources and development of Chief Justice Waite's opinion in the case.

Free Press And Fair Trial In English Law, Donald M. Gillmor

Washington and Lee Law Review

No abstract provided.

Pennsylvania's Proposed Film Censorship Law - House Bill 1098, David C. Baldus

Duquesne Law Review

The trend of Pennsylvania and United States Supreme Court decisions during the past decade has steadily reduced the number of lawful methods which Pennsylvania law enforcement officials may use to prevent the public exhibition of a motion picture they consider to be obscene. During the summer of 1965 in Allegheny County, for example, detectives attempted without success to halt the local showing of "Promises! Promises!," a film which they believed was legally obscene. The detectives secured a search warrant, seized the films and arrested the exhibitors, charging them with the crime of exhibiting an obscene motion picture. The officers apparently …

Giannella: Religion And The Public Order, Rev. Robert F. Drinan S. J.

Michigan Law Review

A Review of Religion and the Public Order. An Annual Review of Church and State and of Religion, Law and Society, The Institute of Church and State, Villanova University School of Law. Edited by Donald A. Giannella.

Ernst & Schwartz: Censorship: The Search For The Obscene, Erwin B. Ellmann

Michigan Law Review

A Review of Censorship: The Search for the Obscene By Morris L. Ernst and Alan U. Schwartz

A Blueprint For Censorship Of Obscene Material: Standards For Procedural Due Process, John A. Luchsinger

Villanova Law Review (1956 - )

No abstract provided.