Alex Aichinger is a former professor at Northwestern State University in Louisiana. He has also contributed to American Constitutional Law Volumes I and II.
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Barber v. Time (1942)
Barber v. Time (Mo. 1942) ruled that press freedom and individual privacy are not absolute rights and must be balanced. Courts must consider the "proper public interest."
Campus Speech Codes
Courts having ruled that college campus speech codes violate students’ First Amendment rights, but arguments that colleges have a legitimate interest in such regulations continue.
City of Lakewood v. Plain Dealer Publishing Co. (1988)
City of Lakewood v. Plain Dealer Publishing Co. (1988) invalidated an city news rack licensing scheme that gave the mayor complete discretion on First Amendment grounds.
Clarence Darrow
Clarence Darrow is one of America’s most famous defense attorneys who sought to protect First Amendment rights. He is best known for his role in the Scopes monkey trial.
Columbia Broadcasting System v. Democratic National Committee (1973)
Columbia Broadcasting System v. Democratic National Committee (1973) held that a radio station did not violate the First Amendment’s guarantee of a free press.
Loitering Laws
Loitering laws can have a chilling effect on First Amendment freedoms of speech and assembly and have been ruled as unconstitutional even after being rewritten in some cases.
Minersville School District v. Gobitis (1940)
Minersville School District v. Gobitis (1940) ruled that states could require public school students to salute the U.S. flag without violating students’ First Amendment rights.
Open Meeting Laws and Freedom of Speech
Open meetings laws guarantee access by the public to meetings of governing bodies. All states adopted such laws by 1976. Access to government meetings is not required by the Constitution or First Amendment but are compatible with the concept of an informed citizenry.
Rosenberger v. Rectors and Visitors of the University of Virginia (1995)
Rosenberger v. Rectors and Visitors of the University of Virginia (1995) ruled that the denial of student funds to a Christian-based magazine violated the First Amendment.
Student Activity Fees
The Supreme Court has ruled that under the First Amendment, decisions about how to use student activity fees on college campuses must be viewpoint neutral.
Torcaso v. Watkins (1961)
Torcaso v. Watkins (1961) found that requiring an oath to affirm belief in “the existence of God” in order to hold public office violated the First Amendment.