A New Birth of Freedom? The Fourteenth Amendment and the First Amendment

NASPA Journal ◽  
1997 ◽  
Vol 34 (2) ◽  
Author(s):  
Sherry L. Mallory

The author considers the rights of gay student organizations at state-supported public institutions, discusses the First Amendment and equal protections clause of the Fourteenth Amendment as they pertain to gay student organizations, and offers advice on the major principles and issues that should be taken into account in writing a campus policy regarding the rights of gay student organizations.


Author(s):  
Edward A. Jr. Purcell

This chapter explores Justice Antonin Scalia’s constitutional jurisprudence across the broad range of issues he addressed. The chapter shows that he contradicted his originalist jurisprudence in interpreting the First Amendment (both its free speech and religion clauses) as well as the Fourth, Fifth, and Eleventh Amendments, and that he did the same in construing a variety of other constitutional doctrines including those involving standing, the treaty power, affirmative action, the Commerce Clause, the Fourteenth Amendment, and the U.S. Supreme Court’s own appellate jurisdiction. The chapter argues that he frequently twisted, ignored, and abandoned his jurisprudential principles and methodologies he proclaimed and that the principal consistency his decisions and opinions reveal was his commitment to his own ideological goals and values.


Author(s):  
G. Edward White

Of all the areas of twentieth-century constitutional jurisprudence, that of free speech has had the most dramatic transformation. From a state of insignificance, the First Amendment has been applied against the states in the Due Process Clause of the Fourteenth Amendment and made the basis for invalidating restrictions on the expressive activities of political and religious minorities, corporations, contributors to political campaigns, and commercial advertisers.


Author(s):  
Jessica Bregant ◽  
Jennifer K. Robbennolt
Keyword(s):  

Sign in / Sign up

Export Citation Format

Share Document