Free Speech versus Anti-Establishment: Is There a Hierarchy of First Amendment Rights?.

McCarthy, Martha M.

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ERIC Number: EJ535610

Record Type: Journal

Publication Date: 1996

Pages: N/A

Abstractor: N/A

ISBN: N/A

ISSN: N/A

EISSN: N/A

Free Speech versus Anti-Establishment: Is There a Hierarchy of First Amendment Rights?

McCarthy, Martha M.

West's Education Law Quarterly, v5 n3 p493-506 Jul 1996

The United States Supreme Court has refused to articulate a hierarchy among the guarantees of speech, press, assembly, and petition. The Court also has avoided specifying whether expression rights or safeguards against religious establishment are dominant. Addresses litigation indicating that free speech protections prevail when they collide with Establishment Clause restrictions. (67 footnotes) (MLF)

Descriptors: Constitutional Law, Court Litigation, Elementary Secondary Education, Federal Courts, Freedom of Speech, Public Schools, School Law, State Church Separation

Publication Type: Opinion Papers; Journal Articles

Education Level: N/A

Audience: N/A

Language: English

Sponsor: N/A

Authoring Institution: N/A

Identifiers - Laws, Policies, & Programs: Equal Access Act 1984; Establishment Clause; First Amendment

Grant or Contract Numbers: N/A