Overview

2016 ◽  
Author(s):  
Shira Tarrant
Keyword(s):  
United States ◽  
Supreme Court ◽  
First Amendment ◽  
The United States ◽  
French Film ◽  
The Supreme Court ◽  
Definition Of

What Is the Definition of Pornography? In 1964, the Supreme Court of the United States faced a controversy over whether Louis Malle’s French film The Lovers violated the First Amendment prohibition against obscene speech. In determining what exactly distinguishes pornography from obscenity,...

Overview

2016 ◽  
Author(s):  
Shira Tarrant
Keyword(s):  
United States ◽  
Supreme Court ◽  
First Amendment ◽  
The United States ◽  
French Film ◽  
The Supreme Court ◽  
Definition Of

What Is the Definition of Pornography? In 1964, the Supreme Court of the United States faced a controversy over whether Louis Malle’s French film The Lovers violated the First Amendment prohibition against obscene speech. In determining what exactly distinguishes pornography from obscenity,...

Competing Theories of Religion and Law in the Supreme Court of the United States: An Hasidic Case

Numen ◽  
1996 ◽  
Vol 43 (2) ◽  
pp. 184-212
Author(s):  
Winnifred Fallers Sullivan
Keyword(s):  
United States ◽  
Supreme Court ◽  
First Amendment ◽  
The United States ◽  
United States Constitution ◽  
Positive Contribution ◽  
Religion And Law ◽  
The Supreme Court ◽  
Theories Of Religion ◽  
Definition Of

AbstractThe meaning and application of the religion clauses of the First Amendment to the United States Constitution are currently a matter of intense and increasingly intractable public debate. The academic study of religion can make a positive contribution to this debate by inviting its participants into a conversation about human religion that is already struggling with problems of definition and of language and that wishes to affirm the existence and importance of human religion without establishing a particular definition of religion, without unconsciously theologizing. A close examination of the legal debate can, in turn, serve the purposes of scholars of religion. The politically charged context of First Amendment jurisprudence provides an interesting laboratory in which to test theories of religion.

scholarly journals Congress Shall Make No Law: The First Amendment, Unprotected Expression, and the U.S. Supreme Court

AmeriQuests ◽  
2011 ◽  
Vol 8 (1) ◽  
Author(s):  
Charles Percy DeWitt
Keyword(s):  
United States ◽  
Supreme Court ◽  
First Amendment ◽  
Free Speech ◽  
The United States ◽  
Research Associate ◽  
Daunting Task ◽  
The Supreme Court ◽  
History Of ◽  
The University

David M. O’Brien’s Congress Shall Make No Law: The First Amendment, Unprotected Expression, and the Supreme Court serves as a significant contribution to the field of First Amendment Law by offering an overview of crucial issues and, moreover, by emphasizing the outlook for the future of free speech. O’Brien’s credentials position him favorably for the task; he was a judicial fellow and research associate with the Supreme Court, he has written numerous articles and books on the Supreme Court, and he is currently the Leone Reaves and George W. Spicer Professor of Law at the University of Virginia. Considering the daunting task of compiling a succinct account and analysis of the history of free speech in the United States, Professor O’Brien does well to allow readers to better understand the complexities of free speech policy in the United States.

scholarly journals Elonis v. United States: The Doctrine of True Threats: Protecting Our Ever-Shrinking First Amendment Rights in the New Era of Communication

2015 ◽  
Vol 15 (2) ◽  
pp. 197-223
Author(s):  
Mary Margaret Roark
Keyword(s):  
United States ◽  
Supreme Court ◽  
First Amendment ◽  
Free Speech ◽  
Freedom Of Speech ◽  
The United States ◽  
New Era ◽  
The Public ◽  
Definition Of ◽  
The U.S

The First Amendment protects one of our most precious rights as citizens of the United States—the freedom of speech. Such protection has withstood the test of time, even safeguarding speech that much of the population would find distasteful. There is one form of speech which cannot be protected: the true threat. However, the definition of what constitutes a "true threat" has expanded since its inception. In the new era of communication—where most users post first and edit later—the First Amendment protection we once possessed has been eroded as more and more speech is considered proscribable as a "true threat." In order to adequately protect both the public at large and our individual right to free speech, courts should analyze a speaker’s subjective intent before labeling speech a "true threat." Though many courts have adopted an objective, reasonable listener test, the U.S. Supreme Court now has the opportunity, in deciding Elonis v. United States, to take a monumental step in protecting the First Amendment right to free speech. By holding that the speaker’s subjective intent to threaten is necessary for a true threat conviction, the Court will restore the broad protection afforded by the First Amendment and repair years of erosion caused by an objective approach.

Shouldn't Dead Be Dead?: The Search for a Uniform Definition of Death

2017 ◽  
Vol 45 (1) ◽  
pp. 112-128 ◽  
Author(s):  
Ariane Lewis ◽  
Katherine Cahn-Fuller ◽  
Arthur Caplan
Keyword(s):  
United States ◽  
Supreme Court ◽  
The United States ◽  
Definition Of Death ◽  
The Past ◽  
The Supreme Court ◽  
Uniform Definition ◽  
Definition Of ◽  
Death By Neurologic Criteria ◽  
The Way

In 1968, the definition of death in the United States was expanded to include not just death by cardiopulmonary criteria, but also death by neurologic criteria. We explore the way the definition has been modified by the medical and legal communities over the past 50 years and address the medical, legal and ethical controversies associated with the definition at present, with a particular highlight on the Supreme Court of Nevada Case of Aden Hailu.

The United States Supreme Court: Definitions of Obscenity

1972 ◽  
Vol 18 (1) ◽  
pp. 59-67
Author(s):  
Marc Schnall
Keyword(s):  
United States ◽  
Supreme Court ◽  
United States Supreme Court ◽  
The United States ◽  
United States Supreme ◽  
Current Test ◽  
The Supreme Court ◽  
Average Person ◽  
Lower Courts ◽  
Definition Of

This article summarizes the activity of the United States Supreme Court in formulating and applying definitions of what constitutes obscenity. For almost ninety years, American courts applied a test of obscenity established by a British court in 1868. In 1957, after lower courts in the United States had expanded the British definition, the Supreme Court, in Roth v. United States, defined as obscene such material which, "to the average person, apply ing contemporary community standards," appealed to prurient interests and lacked redeeming social value. Between 1957 and 1966, the Court added several dimensions to its definition of obscenity. The current test of obscenity was framed in 1966 in Memoirs v. Massachusetts, which reworded the Roth definition and included a third standard—namely, that the material must also be "patently offensive." This article examines not only the Supreme Court's actual definitions of obscenity but also the trends in these definitions and the Court's continual efforts to define and redefine obscenity.

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