First Amendment Commons^™

Religion And American Constitutions, By Wilber G. Katz, Arthur E. Sutherland

Indiana Law Journal

No abstract provided.

Freedom Of Speech And Press In America, By Edward G. Hudson, Ralph F. Fuchs

Indiana Law Journal

No abstract provided.

The Constitutional Intent Concerning Matters Of Church And State, Allen C. Brownfeld

William & Mary Law Review

No abstract provided.

Book Review Of The Constitutional Right Of Association, Jeffrey M. Graham

William & Mary Law Review

No abstract provided.

The First Amendment And The Judicial Process: A Reply To Mr. Frantz, Wallace Mendelson

Vanderbilt Law Review

Cut loose from its foundation in the distinction between discussion and incitement, the clear and present danger test lost its rational meaning and became a cloak for "vague but fervent transcendental-ism." In short, the activists destroyed it as an intelligible guide to decision-and then abandoned it about a dozen years ago. Meanwhile they have tried, and apparently discarded, one "new" verbalism after another. The latest is Mr. Justice Black's absolutist concentration on two untroubled words in the first amendment: "no law." This gambit--"no law means no law"--again begs all the difficulties simply by ignoring them. As Dean Griswold has suggested, …

The Establishment Syndrome And Religious Liberty, John E. Dunsford

Duquesne Law Review

Seventeen years have passed since the Supreme Court chose the establishment clause of the First Amendment as the preferred reed through which to breathe modern relevance into an 18th century formulation of church-state relationships. Prior to 1947 the Court "had seldom undertaken to supply content to that part of the first amendment concerned with separation."' With the Everson decision, a period opened in which the commodious dimensions of the establishment concept invited the legal soul to trace out that grand design which presumably must distinguish and exalt the American understanding of the place of religion in society. Almost to a …

Constitutional Law - Motion Picture Censorship - Artistic Merit Of Film As Whole Not Sufficient To Redeem Obscene Parts, Christopher J. Clark

Villanova Law Review (1956 - )

No abstract provided.

The Establishment Clause And The Ecumenical Movement, Robert C. Casad

Michigan Law Review

In recent years the Roman Catholic Church has begun to give tentative official support to the view that eventual reconciliation with the Protestants is feasible and desirable. The acceptance of the ecumenical ideal by the Roman Catholic Church removes virtually all doubt that in the ecumenical movement organized Christianity is facing an upheaval of major importance, comparable perhaps to the Reformation. It is not likely to lose force after a few years, as so many minor religious movements do. It is definitely under way, gaining momentum year by year. It is bound to have far-reaching effects and give rise to …

Obscenity In The Supreme Court: A Note On Jacobellis V. Ohio, Joseph O'Meara, Thomas L. Shaffer

Journal Articles

According to the opinion of Mr. Justice Brennan in Jacobellis v. Ohio, the Supreme Court itself must weigh and decide the issues in obscenity cases; it must decide whether the disputed material is obscene; and it must decide this according to the standards of the community, that is, the whole country—all 50 States. In other words, the Court must apply a national standard. This note is addressed primarily to that opinion.

The Meaning Of "Religion" In The School Prayer Cases, Charles E. Rice

Journal Articles

It is not my purpose here to discuss the possible extensions of the school prayer decisions. Rather, I am concerned only with the thought that the unqualified incorporation of the broad definition of religion into the establishment clause is perhaps the root fallacy in the Court's reasoning. In order to avoid an institutionalization of agnosticism as the official public religion of this country, the Court ought to acknowledge that nontheistic religions are not entitled to such unqualified recognition under the establishment clause as to bar even a simple governmental affirmation that in fact the Declaration of Independence is true when …

The Constitutional Right Of Association. By David Fellman, Edward L. Barrett Jr.

San Diego Law Review

Professor Fellman's little book provides a helpful survey of the cases dealing with freedom of association. It is written simply enough to satisfy the demand of interested citizens who wish to be informed as to the legal principles applied in giving content to that "right of association" which has long been regarded as part of our constitutional heritage. Beyond that, however, the collection of cases and literature is sufficiently exhaustive to provide the base point form which legal scholars and social scientists may continue the research necessary for the "truly comprehensive study of the right of association" to which Professor …

The Worker And Three Phases Of Unionism: Administrative And Judicial Control Of The Worker-Union Relationship, Alfred W. Blumrosen

Michigan Law Review

This article will examine the extent to which, and the methods by which, individual rights are protected in each of these three phases of union activity. We will see that the employee is well protected in his right to oppose political action of the union and has considerable legal protection for his rights to engage in internal union political struggles, but the employee has received little protection for his economic interests in collective bargaining between unions and employers. A recent decision by the NLRB, which will be examined in some detail, suggests that additional protection for individual economic rights in …

Prayer, Public Schools And The Supreme Court, Paul G. Kauper

Michigan Law Review

A more complete understanding of the case, while doing much to temper the initial outburst of disapproval, did not by any means dispel all criticism of the decision or allay all the apprehensions aroused by it. Believing that the Supreme Court's opinion was premised on a fundamentally erroneous interpretation of the establishment clause of the first amendment, Bishop James A. Pike headed a movement to amend the Constitution so as to restore what he regarded as the true and intended meaning of its pertinent language. In the meantime, the Supreme Court has agreed to review and has heard argument on …

The EngelCase From A Swiss Perspective, F. William O'Brien

Michigan Law Review

On June 25, 1962, the Supreme Court of the United States held that the State of New York, by using its public school system to encourage recitation of a prayer during classroom hours, had adopted a practice wholly inconsistent with that clause of the first amendment, applicable to the states by virtue of the fourteenth amendment, which prohibits laws respecting an establishment of religion. The opinion of the Court, written by Mr. Justice Black for himself and four other Justices, is interesting in that he rests the Court's decision exclusively upon the establishment clause. In previous decisions, the Court had …

The Law Of Obscenity And Military Practice, Harvey L. Zuckman

Scholarly Articles

In recent years, problems surrounding the law of obscenity have become increasingly important and this development has resulted in a corresponding awareness of these problems by the courts, both state and federal. This awareness is now being extended into the military legal field. Two recent decisions, one by the United States Court of Military Appeals and the other by an Army board of review, have focused attention on the military's handling of obscenity problems under the Uniform Code of Military Justice. These recent decisions encompass issues occurring in civilian practice as well as issues peculiar to the military. Before any …

Constitutional Law-Relation Of State And Federal Governments-Application Of The Hatch Act To The Political Activity Of A State Official, Rolfe A. Worden S.Ed.

Michigan Law Review

Plaintiff brought an action to set aside a determination of the United States Civil Service Commission that his political activities while Illinois State Director of Conservation were in violation of the Hatch Act. The district court held that such an application of the Hatch Act would infringe upon the plaintiff's vested rights, and would contravene the constitutional guarantee to the state of a republican form of government. On appeal, held, reversed. Application of the Hatch Act to state employees does not deprive them of any vested rights under the United States Constitution. Palmer v. United States Civil Sero. Comm'n …

Constitutional Separation Of Church And State: The Quest For A Coherent Position, William W. Van Alstyne

Faculty Publications

No abstract provided.

The Constitution And Contempt Of Court, Ronald Goldfarb

Michigan Law Review

Few legal devices find conflict within the lines of our Constitution with the ubiquity of the contempt power. These conflicts involve issues concerning the governmental power structure such as the separation of powers and the delicate balancing of federal-state relations. In addition, there are civil rights issues attributable to the conflict between the use of the contempt power and such vital procedural protections as the right to trial by jury, freedom from self-incrimination, double jeopardy, and indictment-to name only the most recurrent and controversial examples. Aside from these problems, there are other civil liberties issues, such as those involving freedom …

Paul & Schwartz: Federal Censorship: Obscenity In The Mail, Harry Kalven Jr.

Michigan Law Review

A Review of Federal Censorship: Obscenity in the Mail. By James C. N. Paul and Murray L. Schwartz.

Book Review, Chester J. Antieau

Vanderbilt Law Review

Any book that educates the American community to an under-standing of and an appreciation for the Bill of Rights serves a laudable end. And conceivably any author is entitled to define his own terms. However, Mr. Weinberger indicates his displeasure with the traditional meaning of the term, "Bill of Rights," as embracing the first ten amendments and sets out to include within his comparable term what he calls "Additional Amendments Dealing with Personal Liberty"' thus adding the 13th, 14th, 15th and 19th amendments, as well as "Provisions in the Original Constitution Dealing with Personal Liberty" which he specifies as the …

Constitutional Law-Freedom Of The Press-Right Of News Media Personnel To Refuse To Disclose Confidenial Sources Of Information, Francis X. Beytagh Jr., S.Ed

Michigan Law Review

A former personnel director of a local Civil Service Commission instituted an action for reinstatement to that position, alleging that her recent ouster was illegal. In preparing for trial, defendant commission members took the deposition of a reporter for a local newspaper. Appellant reporter stated on direct examination that his suspicions regarding a contemplated attempt to fire plaintiff were in part based on certain information received from a confidential source. On pre-trial cross-examination appellant refused to disclose the source of this information, and plaintiff obtained a court order directing him to do so. On interlocutory appeal, held, order affirmed, …

The Free-Ness Of Free Speech, Robert A. Leflar

Vanderbilt Law Review

Freedom of speech under Anglo-American law has never been an absolute right, and numerous exercises of free speech (and of free press)have been subjected to inhibiting legal sanctions, both criminal and civil,almost from the beginning of our common law heritage. It is true that the Blackstonian rule prohibiting "previous restraints upon publications" purported, to protect absolutely the initial right to publish. But an absolute right to publish what one may thereafter be criminally punished or forced to pay civil damages for publishing is obviously illusory in its absoluteness.It is not an absolute right in any real sense of the term. …

The Absolute Privilege Of The Executive In Defamation, Arno C. Becht

Vanderbilt Law Review

Should executive officers have an absolute privilege to commit defamation? This is Professor Becht's inquiry as he traces the evolution and application of this privilege from its origin in England through its development in American state and federal courts. After balancing the factors for and against absolute immunity, the writer reaches the conclusion that officials should be reduced to a qualified privilege in defamation.

Defamation, A Camouflage Of Psychic Interests: The Beginning Of A Behavioral Analysis, Walter Probert

Vanderbilt Law Review

Does the law of defamation need to be reformed? The author thinks so. Professor Probert rejects the doctrine of libel per se and questions the courts' understanding and use of the term "reputation." It is his belief that plaintiffs on an individual basis should have increased benefit of the knowledge accumulated by the various social sciences in proving the harm done by the alleged defamation, with more liberalization in the requirements of pleading and proof than is now generally countenanced by the courts.

Statement Of Fact Versus Statement Of Opinion -- A Spurious Dispute In Fair Comment, Herbert W. Titus

Vanderbilt Law Review

In attempting to solve problems in a variety of areas lawyers continuously make use of a distinction between statements of "fact" on the one hand and those of "opinion" on the other.' So versatile is this distinction that it has been used to solve problems raised in such diverse areas of the law as evidence and defamation. However, since the turn of the century the fact-opinion dichotomy has been severely criticized as a means of deciding what kinds of testimony should be allowed in a legal trial. Yet in the law of defamation, where this distinction has been extensively applied …

Constitutional Law -- 1961 Tennessee Survey (Ii), James C. Kirby, Jr.

Vanderbilt Law Review

Only three cases are assigned to this field for the abbreviated survey period and in one of these, the court avoided the constitutional question. In the other two cases the constitutional issues were not difficult and the results reached should cause neither surprise nor controversy among survey readers.

Equal Protection -- Racial Discrimination Home Rule--Self Executing Constitutional Provisions Miscellanous

Constitutional Law-Civil Rights-Threat Of Mob Violence As Justification For Restraint On Exercise Of Right To Travel In Interstate Commerce, Chester A. Skinner

Michigan Law Review

Pursuant to a plan to test for racial segregation in interstate commerce facilities, white and Negro students traveled through Alabama on an interstate bus journey. In Birmingham and Anniston, the students were assaulted by members of the Ku Klux Klan and other conspirators; at or near Anniston one of the buses was destroyed. On arrival at Montgomery, the students were again assaulted and intimidated by members of the Ku Klux Klan and various other individuals. The Montgomery police, with full knowledge of the impending violence, did nothing to protect the personal safety of the interstate travelers. The plaintiff, United States, …

Taxation-Federal Income Tax-Religious Order Not Exempt From Supplment U Tax As A Church, Alan Rothenberg

Michigan Law Review

Plaintiff, a non-profit, membership corporation consists of members of the Christian Brothers Order, and was established to furnish religious and secular education to youth. The Catholic Church considers religious instruction to be the performance of a church function, and property of the Christian Brothers Order is church property according to Roman Catholic canon law. During the taxable years in question plaintiff owned and operated a novitiate, Catholic schools, homes for the Brothers, and a winery and distillery. Plaintiff was assessed and paid $489,800.83 as a Supplement U tax on its unrelated business income realized from the winery and distillery operation. …

Freedom Of Religion: Recent Sunday Closing Laws Cases, John E. Donaldson

William & Mary Law Review

No abstract provided.

Book Review Of Legacy Of Suppression, James P. Whyte Jr.

William & Mary Law Review

No abstract provided.