The notion of an “absolute” First Amendment has been around for generations. Talk of an absolute First Amendment, however, is just that—talk.
Volume
2023
Constitutional Rights
In Greek mythology, Procrustes was a notorious bandit who would abduct travelers and then offer them a rather macabre form of hospitality.
This article focuses on two procedural mechanisms for strengthening the First Amendment within the criminal legal system: robust grand jury/indictment and unanimity requirements. These requirements help vindicate the First Amendment by testing the facts of a case against the constitutionalized elements of the offense.
Prayer in the public sphere has been part of American daily life since the founding. Historically, both legislative sessions and school days began with Bible readings or prayers to solemnize the day.
Tourism represents an important contributor to state and local economies. Accordingly, some U.S. cities have sought to regulate operations of the industry, including the activities of official tour guides.
“Free” speech seems like a misnomer when looking at the price public universities have to pay to protect students’ First Amendment rights. Accommodating controversial speakers on campus requires universities to balance budget constraints with free speech.
After many years of comparative quiet, the United States is experiencing a growth in libel suits brought by both public officials and private figures.
This Comment analyzes the equal protection issues raised by the Dual SSN Requirement and argues that it violates the equal protection rights of citizen children and spouses.
That interstate travel within the United States is largely so uncontroversial reflects a simple fact: the right to travel “occupies a position fundamental to the concept of our Federal Union.” Yet in the aftermath of the COVID-19 outbreak, multiple states have restricted interstate travel.