Two 1973 Supreme Court rulings, "Miller v. California" and "Paris Adult Theatre I v. Slaton," consider the problem of obscenity in light of the First Amendment. Chief Justice Burger's stand, which represented that of a five-man majority, was based on the presumption that obscenity is not protected by the First Amendment because…

This group of four papers considers the future of the cable television industry, and in particular, examines the impact of recent court and regulatory decisions in this field. The papers presented are: (1) "The First Amendment, Cable TV, and the Must-Carry Rule: Moving towards a Cost-Benefit Analysis" (John R. Woodbury, Federal Trade…

In 1984, a jury awarded $200,000 to the Rev. Jerry Falwell for emotional distress intentionally inflicted by a parody depicting Falwell as a drunkard who had incestuous relations with his mother in an outhouse. In 1988, in "Hustler v. Falwell," the U.S. Supreme Court struck down the verdict on First Amendment grounds. Although the…

To examine the status of opinion as protected speech, a study sought answers to three questions: (1) Is opinion protected under the constitution? (2) If protection exists for opinion, has it usurped the common law fair comment defense in libel litigation? and (3) How do the courts define opinion in the context of libel? Answers were sought in…

Examining interpretive approaches to the First Amendment free speech and press clause, this paper focuses on the conceptual framework proposed by John Hart Ely. Other First Amendment tests examined include clear and present danger, balancing, the absolute test, and A. Meiklejohn's "absolute" test. Following an analysis of Ely's First…

In 1970, the Legislative Reorganization Act authorized the U.S. Senate and House of Representatives to open their committee meetings to both radio and television. Three factors increased interest in implementing media coverage of such meetings: feasibility of televised coverage, public cynicism and hostility generated by misinformation and…

Church-state issues in education have a long history in America. Although the U.S. Supreme Court has made several landmark decisions with regard to the separation of church and state in schools, strong conservative influences in Southern states, including Louisiana, have resulted in state statutes and individual school-district policies and…

In the case of RAV v. City of St. Paul, a teenager was charged with violating the city's Bias-Motivated Crime Ordinance after being accused of burning a cross inside the fenced yard of a black family. In a 9-0 decision, the Supreme Court struck down the St. Paul ordinance, a decision which raised a question as to whether many college and…

This paper discusses the potential impact of a federal bill, H.R. 2797, or the Religious Freedom Restoration Act, on public education. A concern is that legislation will be interpreted more strictly than the normally broad constitutional standards, which may result in a lack of support for treating schools differently than other public entities.…

The Swiss legal system has been openly protective of male privilege while the American system has traditionally claimed to support equality for all people. Yet the Swiss have succeeded in passing an equal rights amendment in a short time and with little national discord. Because of the nature of their political process, the Swiss were able to move…

The "least restrictive means" test, a frequently used tool for resolving First Amendment cases in federal courts, is designed to insure that state-imposed abridgement of free expression is limited to the narrowest scope and the least impact necessary to fulfill a compelling state interest. Analysis of the history of the test since its…

This paper argues that in recent years the number of aliens being denied nonimmigrant visas to the United States because of their liberal political views has increased. The roles of each of the branches of government in the procedure of denying visas are reviewed. The number of visa denials in the lower courts has risen dramatically since 1980,…

This paper examines recent court decisions that indicate the extent of constitutional protection extended to opinionated statements made during broadcast commentaries. A brief overview of both the common law and constitutional privileges protecting the expression of opinion is also included in the paper. Specifically, the paper evaluates the…

The programmatic structure and modes of implementation of U.S. social provisions must be understood in order to gain insight into social programs in the United States. National standards have not been established for public benefits and "social security" has remained firmly separated, both institutionally and symbolically, from…

This paper discusses the fair use doctrine added to the Copyright Revision Act, Public Law 94-553 (October, 1976). Fair use, an exception to the exclusive rights of copyright, is an assurance to the public of reasonable access to its heritage as guaranteed by the First and Ninth Amendments to the Constitution. Several important cases are described…