Pre-Law Middle Tennessee State University
The Pre-Law concentration under the Political Science major is designed for students planning to attend law school or become a professional legal assistant. MTSU's Pre-Law program begins with a basic study of government and encompasses courses in speech, logic, economics, and legal research and writing.
Actived: 3 days ago
Natural Law The First Amendment Encyclopedia
(8 days ago) The relationship between natural law and the First Amendment is equally complex. In general, natural law, as a “higher” law, forms the foundation on which the First Amendment rests. Natural law is the foundation for legal traditions. As a legal philosophy, natural law …
RICO Laws The First Amendment Encyclopedia
(5 days ago) David Schultz is a professor in the Hamline University Departments of Political Science and Legal Studies, and a visiting professor of law at the University of Minnesota. He is a three-time Fulbright scholar and author/editor of more than 35 books and 200 articles, including several encyclopedias on the U.S. Constitution, the Supreme Court, and
Conspiracy Laws The First Amendment Encyclopedia
(1 days ago) The law gives police unprecedented authority to search people's homes and business records secretly and eavesdrop on telephone and computer conversations and the government says it will begin using the new powers immediately. Some point to the law as an important tool by allowing authorities to charge individuals with conspiracy before the act
Anti-Discrimination Laws The First Amendment Encyclopedia
(5 days ago) Columbia Law Review 99 (1999): 1–28. Volokh, Eugene. “Thinking Ahead About Freedom of Speech and ‘Hostile Work Environment’ Harassment.” Berkeley Journal of Employment and Labor Law 17 (1996): 305–319. Thomas, Carl. “Implementing Marriage Equality in America.” Duke Law …
Sunday Blue Laws The First Amendment Encyclopedia
(2 days ago) The term blue law commonly refers to the prohibition of alcohol sales on Sunday, but it historically defined a body of regulations designed to preserve the Sabbath by proscribing most labor on that day.. Some such restrictions date to as early as the thirteenth century in England. Colonial settlements enacted similar laws, with the explicitly religious intent to prevent unseemly activities on
Criminal Libel The First Amendment Encyclopedia
(9 days ago) Supreme Court eliminates common law criminal libel in Kentucky case. The Court’s most recent ruling regarding criminal libel was Ashton v. Kentucky (1966), which held that Kentucky’s unwritten, common law crime of libel was too indefinite and uncertain to be prosecuted. This ruling effectively eliminated common law criminal libel.
USA Patriot Act of 2001 The First Amendment Encyclopedia
(9 days ago) The USA Patriot Act of 2001 was passed just 45 days after the terrorist attacks in New York and Washington, D.C. on September 11, 2001.. The act gives federal officials sweeping and expanded authority to track and intercept communications for law enforcement and intelligence-gathering purposes.
Right to Be Forgotten The First Amendment Encyclopedia
(7 days ago) Buffalo Law Review 65 (2017): 495–546. Moore, Suzanne. “The right to be forgotten is the right to have an imperfect past.” The Guardian, Aug. 7, 2017. Goldman, Eric. “Reports on Expunged Arrest Can’t Be Erased From the Internet–Martin v. Hearst.” Technology & Marketing Law …
American Civil Liberties Union The First Amendment
(6 days ago) The American Civil Liberties Union (ACLU) states as its mission the protection and preservation of First Amendment rights, equal protection under the law, due process, and the right to privacy. It also works to extend rights to groups traditionally denied them. It seeks to do so through community outreach and education, legislation, and litigation.
Libel and Slander The First Amendment Encyclopedia
(1 days ago) The law was used to silence political opposition. New York Times Co. v. Sullivan changed libel law nationally. Until the later half of the 20 th century, the law seemed to favor those suing for reputational harm. For most of the 20th century, a defendant could be civilly liable for defamation for publishing a defamatory statement about (or
Communications Decency Act of 1996 The First Amendment
(Just Now) After the Court’s decision, Congress drafted another online pornography law called the Child Online Protection Act (COPA) of 1998, which has also fared poorly before the Supreme Court. This article was originally published in 2009. Sara L. Zeigler is the Dean of the College of Letters, Arts, and Social Sciences at Eastern Kentucky University.
United States v. O'Brien The First Amendment Encyclopedia
(8 days ago) The Supreme Court in 1968 upheld a law that prohibited the mutilation of draft cards against a challenge by an anti-war protester who said it violated his First Amendment rights to free speech. In United States v. O'Brien, the court established the four-part O'Brien test to determine when a law restricting expressive conduct was constitutional.
Loitering Laws The First Amendment Encyclopedia
(Just Now) California Law Review 83 (January 1995): 379–417. Rossi, Michael J. “Striking a Balance: The Efforts of One Massachusetts City to Draft an Effective Anti-Loitering Law within the Bounds of the Constitution.” Suffolk University Law Review 39 (2006): 1069–1088.
Panhandling Laws The First Amendment Encyclopedia
(2 days ago) Panhandling is a form of solicitation or begging derived from the impression created by someone holding out his hand to beg or using a container to collect money. When municipalities regulate panhandling — a form of speech — First Amendment rights become an issue. Supporters of panhandling regulation contend it is a safety measure designed
Dress Codes The First Amendment Encyclopedia
(7 days ago) The law in this area is far from settled, and the courts frequently side with the schools when dress requirements are challenged by students and parents. In practice, however, the bitterness and the cost of litigation have reduced the practical maneuvers of school administrators and school boards.
Communications Act of 1934 The First Amendment Encyclopedia
(2 days ago) The 1934 law made no provision for a public broadcasting service, and lawmakers rejected a proposal allocating 25 percent of the broadcast spectrum for the use of nonprofit and educational stations. In lieu of separate educational stations, the law required broadcasters to develop public interest programming and to provide a platform for
Substantial Government Interest The First Amendment
(7 days ago) The substantial governmental interest test is a part of the intermediate scrutiny analysis in First Amendment law. It represents a governmental interest more than a legitimate interest but less than a compelling governmental interest.. In modern constitutional law, there are three standards of review: (1) strict scrutiny; (2) intermediate or heightened scrutiny; and (3) rational basis.
Surveillance and Wiretapping The First Amendment
(4 days ago) United States (1928), the Supreme Court held that the wiretaps attached by law enforcement to the phone lines of prohibition conspirators, including Roy Olmstead, were constitutional because there had been no physical trespass. Chief Justice William Howard Taft asserted that a person who connects a phone to lines that extend outside of a home
State Constitutional Provisions on Expressive Rights The
(7 days ago) David Schultz is a professor in the Hamline University Departments of Political Science and Legal Studies, and a visiting professor of law at the University of Minnesota. He is a three-time Fulbright scholar and author/editor of more than 35 books and 200 articles, including several encyclopedias on the U.S. Constitution, the Supreme Court, and
New York Times Co. v. Sullivan The First Amendment
(3 days ago) New York Times Co. v. Sullivan began as a lawsuit against the newspaper for mistakes in a full-page civil rights fundraising editorial advertisement in 1960 entitled “ Heed Their Rising Voices .”. The advertisement, protesting the treatment of the Rev. Martin Luther King Jr. by Alabama law enforcement, carried the names of prominent civil
Establishment Clause (Separation of Church and State
(Just Now) The first clause in the Bill of Rights states that “Congress shall make no law respecting an establishment of religion.”. Establishment clause of First Amendment often interpreted to require separation of church and state. For approximately the first 150 years of the country’s existence, there was little debate over the meaning of this clause in the Constitution.
Incitement to Imminent Lawless Action The First
(2 days ago) California Law Review 70 (1982): 1159–1200. Papandrea, Mary-Rose. “The Free Speech Rights of University Students.” Minnesota Law Review 101 (May, 2017): 1801-1861. Tsesis, Alexander. “Campus Speech and Harassment.” Minnesota Law Review 101 (May, 2017): 1863-1917. Incitement to Imminent Lawless Action. Freedom Forum Institute, May 12
Polygamy The First Amendment Encyclopedia
(3 days ago) David Schultz is a professor in the Hamline University Departments of Political Science and Legal Studies, and a visiting professor of law at the University of Minnesota. He is a three-time Fulbright scholar and author/editor of more than 35 books and 200 articles, including several encyclopedias on the U.S. Constitution, the Supreme Court, and
Vagueness The First Amendment Encyclopedia
(5 days ago) A law that defines a crime in vague terms is likely to raise due-process issues. Courts in the United States give particular scrutiny to vague laws relative to First Amendment issues because of their possible chilling effect on protected rights.. Vague laws raise problems with due process
Curfews The First Amendment Encyclopedia
(3 days ago) David L. Hudson, Jr. is a law professor at Belmont who publishes widely on First Amendment topics. He is the author of a 12-lecture audio course on the First Amendment, Freedom of Speech: Understanding the First Amendment (Now You Know Media, 2018).
Whistleblowers The First Amendment Encyclopedia
(Just Now) Although federal law is intended to protect whistleblowers, whistleblowers often pay a price for coming forward. In Sibel Edmonds’s case, in which she and others claimed they were fired from their positions at the Federal Bureau of Investigation (FBI)
United States v. Williams The First Amendment Encyclopedia
(9 days ago) The Supreme Court in 2008 upheld a provision of a federal child pornography law that makes it a crimes to advertise, promote or present child pornography even if the underlying material does not qualify. In United States v. Williams, the Court rejected a First Amendment challenge that the law was overly broad in infringing on free speech.
Viewpoint Discrimination The First Amendment Encyclopedia
(Just Now) Loyola Law Review 45 (1999): 411–526. Hudson, David L., Jr. “Supreme Court Rules that Trademark Laws Can’t Discriminate on the Basis of Viewpoint,” Freedom Forum Institute, June 20, 2017. Ferrucci, David N. “Giving Offense is a Viewpoint”: Supreme Court Holds It Is Viewpoint Discrimination To Deny Trademark Protection For Allegedly
Freedom of Access to Clinic Entrances Act of 1994 The
(5 days ago) The law was introduced in Congress after the Supreme Court ruled in Bray v. Alexandria Women’s Health Clinic (1993) that federal court judges were not permitted to invoke a Reconstruction-era civil rights law, the 1871 Ku Klux Klan Act, against the harassment and protest activities that frequently occurred outside abortion clinic entrances.
Quebec Act of 1774 The First Amendment Encyclopedia
(4 days ago) Quebec Act had First Amendment principles of religious freedom. Specifically, the law provided for the protection of the Roman Catholic faith. Even though it was passed for political reasons to ensure the loyalty of French Canadians to the British government, the law contained several sections that dealt with religious freedoms and, thus, are
Vermont Law School can hide murals some find racially
(8 days ago) ROYALTON, Vt. (AP) — A federal judge has ruled that Vermont Law School can conceal two large murals that some members of the school community find racially offensive. The Valley News reports the judge granted the school's request to dismiss a lawsuit by the artist, ruling last week that the school's plan to hide the murals behind a wall of
Mueller v. Allen The First Amendment Encyclopedia
(Just Now) Mueller v. Allen, 463 U.S. 388 (1983), is one of the more prominent cases in which the Supreme Court upheld the validity of a law allowing tax deductions for tuition and other school expenses disproportionately benefiting parents whose children attend parochial schools.The Court found the law was not in violation of the establishment clause of the First Amendment.
Breach of Peace Laws The First Amendment Encyclopedia
(6 days ago) Some laws extend to vagrancy, loitering, and public intoxication. Persons who cause public disturbances that breach the peace may be fined, imprisoned, or both. Due to loss of liberty, property, or both, those convicted of breach-of-the-peace violations may assert due-process claims. As breach-of-the-peace laws are broad in scope and regulate a
Qualified Immunity The First Amendment Encyclopedia
(4 days ago) Qualified immunity is a doctrine that shields government officials from liability unless they violated clearly established statutory or constitutional law. Under this doctrine, a government officials could violate a person’s First Amendment rights, but not face liability because the law was not settled or known at the time the official
Community Standards The First Amendment Encyclopedia
(4 days ago) Communication Law and Policy 9 (2004): 25–71. Cohen, Henry. Obscenity and Indecency: Constitutional Principles and Federal Statutes. New York: Novinka Books, 2003. De Grazia, Edward. Girls Lean Back Everywhere: The Law of Obscenity and the Assault on Genius. New York: Random House, 1992. Walters, Lawrence G., and Clyde DeWitt.
Wall of Separation The First Amendment Encyclopedia
(Just Now) Carter, Stephen L. Culture of Disbelief: How American Law and Politics Trivialize Religious Devotion. New York: Anchor Books, 1993. Cord, Robert. Separation of Church and State: Historical Fact and Current Fiction. New York: Lambeth Press, 1982. Dreisbach, Daniel L. Thomas Jefferson and the Wall of Separation between Church and State.
Priest-Penitent Privilege The First Amendment Encyclopedia
(Just Now) Drake Law Review 45 (1997):697–732. Walsh, Walter J. “The Priest-Penitent Privilege: An Hibernocentric Essay in Postcolonial Jurisprudence.” Indiana Law Journal 80 (2005): 1037–1089. Incledon, Caroline. “The Constitutionality of Broadening Clergy Penitent statutes.” American Criminal Law Review 53 (Spring, 2016): 515-547. "People v.
Public Figures and Officials The First Amendment
(4 days ago) Gary E. Bugh is Professor of Political Science, Chair of the Political Science Department, and University Pre-Law Advisor at Texas A&M University-Texarkana. He teaches Political Theory, American Political Theory, Constitutional Law, Civil Rights and Civil Liberties, Political Parties and …
True Threats The First Amendment Encyclopedia
(8 days ago) Texas Law Review 78 (2000): 541–598. Kelner, Robert Kurman. “Note, United States v. Jake Baker: Revisiting Threats and the First Amendment.” Virginia Law Review 84 (1998): 287–313. Potter, David C. “Note, The Jake Baker Case: True Threats and New Technology.” Boston University Law Review 79 (1999): 779–805.
Fighting Words The First Amendment Encyclopedia
(9 days ago) Fighting words doctrine developed in Chaplinsky. The doctrine was developed in Chaplinsky v. New Hampshire (1942), when a unanimous Supreme Court issued a categorical exception to the First Amendment’s freedom of speech clause. In this case, Walter Chaplinsky, a Jehovah’s Witness who was distributing religious pamphlets, was instructed to cease by a city marshal.
Amy Coney Barrett The First Amendment Encyclopedia
(3 days ago) Amy Coney Barrett was named to the U.S. Supreme Court in October 2020 to fill the vacancy created when Justice Ruth Bader Ginsberg died. Previously Barrett was a judge on the 7th U.S. Circuit Court of Appeals and had been a law professor at George Washington University Law and Notre Dame Law School. Amy Coney Barrett (1972 - ) is an associate
Privacy The First Amendment Encyclopedia
(3 days ago) Initially, the common law upon which the U.S. Constitution, state constitutions, and state laws are based, protected only property rights. During the 1880s, however, legal scholars began to theorize that the common law of torts, which involves injuries to private persons or property, also protected against government invasion of privacy.
Charitable Solicitation The First Amendment Encyclopedia
(8 days ago) Early laws to limit charitable solicitation overturned on First Amendment grounds. A number of the first such laws sought to impose direct limits on how much a charity could spend on administrative and fundraising costs. The Supreme Court, however, issued three rulings invalidating such limits under the First Amendment.
Case Categories The First Amendment Encyclopedia
(1 days ago) Case Categories: Commercial Speech. Commercial speech is a form of protected communication under the First Amendment, but it does not receive as much free speech protection as forms of noncommercial speech, such as political speech. One important test developed by the Court to determine protection for commercial speech is the Central Hudson test.
Abortion Protests The First Amendment Encyclopedia
(1 days ago) This law prohibits acts of violence at abortion clinics by making it a federal crime to use force or threat of force, physical obstruction, intentional injury, and intimidation against reproductive health care providers and their patients. It also authorizes civil lawsuits for injunctions against such …