TITLE

FREE EXERCISE OF SPEECH IN SHOPPING MALLS: BASES THAT SUPPORT AN INDEPENDENT INTERPRETATION OF ARTICLE 40 OF THE MARYLAND DECLARATION OF RIGHTS

AUTHOR(S)
Fuchs, Matthew S.
PUB. DATE
February 2006
SOURCE
Albany Law Review;2006, Vol. 69 Issue 2, p449
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
Discusses the interpretation of Article 40 of the Maryland Declaration of Rights which supports the right to free expression on private properties. Difference of the Article 40 from the First Amendment of the U.S. Constitution; Application of the state action doctrine in First Amendment lawsuits involving restrictions on speech activities such as in the case of Marsh v. Alabama; Permission given by the U.S. Supreme Court to private malls to prohibit free speech under the Fifth Amendment.
ACCESSION #
21372530

 

Related Articles

  • Preview: What the High Court will consider.  // Human Rights;Spring94, Vol. 21 Issue 2, p3 

    The article presents human rights cases considered by the U.S. Supreme Court during the 1993-1994 term. In Elder v. Holloway, police arrested Elder after ordering him out of his home. Earlier Ninth Circuit decisions extended the Payton rule to these kinds of situations, but Elder lost his suit...

  • DECEMBER 10: A WORRISOME DAY FOR THE FREEDOM OF SPEECH. Taylor Jr., Stuart // National Journal;12/13/2003, Vol. 35 Issue 50, p3727 

    Comments on the December 10, 2003 decision of the U.S. Supreme Court on the McConnell versus U.S. Federal Election Commission case and its implication to the McCain-Feingold provision of the Bipartisan Campaign Reform Act of 2002. Implications of the case on the First Amendment right to...

  • STATE ACTION, GOVERNMENT SPEECH, AND THE NARROWING SPECTRUM OF PRIVATE, PROTECTED SPEECH. Wirth, Stephen K. // Cornell Law Review;Jan2014, Vol. 99 Issue 2, p485 

    The article discusses state action, government speech, and the reportedly narrowing spectrum of private protected speech in America as of January 2014. Jurisprudence in the U.S. is addressed in relation to America's Supreme Court and the First Amendment to the nation's Constitution. Freedom of...

  • ORIGINALISM'S EXPIRATION DATE. Samaha, Adam M. // Cardozo Law Review;Dec2008, Vol. 30 Issue 3, p1295 

    The Constitution of the United States declares itself supreme law, but even the amended document is ancient. By 2008, the predicted age of a randomly selected word in this text reached 178 years. The judiciary, for its part, might not interpret the text until decades after ratification. For...

  • FREE SPEECH IN THE SUBURBAN AND EXURBAN FRONTIER: SHOPPING MALLS, SUBDIVISIONS, NEW URBANISM, AND THE FIRST AMENDMENT. Batchis, Wayne // Southern California Interdisciplinary Law Journal;2012, Vol. 21 Issue 2, p301 

    The article presents information on the impact of free speech in public issues and public debates in the U.S. with respect to the protection of the First Amendment of the Constitution of the U.S. The courts case Snyder v. Phelps deals with the issue of suburbanizing and privatization of the...

  • Cyberbullying. ZIRKEL, PERRY A. // Principal;Jan/Feb2012, Vol. 91 Issue 3, p46 

    The article discusses the rulings of the federal district court in the Wolfe v. Fayetteville School District case regarding the bullying, off and on the internet, of Fayetteville, Arkansas middle school student Walter. The federal court dismissed the liabilities filed including the 14th...

  • THE NCAA AS REGULATOR, LITIGANT, AND STATE ACTOR.  // Boston College Law Review;Mar2011, Vol. 52 Issue 2, p415 

    No abstract available.

  • Federal Preemption at the Supreme Court. Troy, Daniel E.; Wood, Rebecca K. // Cato Supreme Court Review;2008, p257 

    The article discusses various issues regarding the Supreme Court's inconsistent use of federal preemption in the U.S. It outlines the six preemption cases which have been decided by the Supreme Court, and relates the sixth case which has not been participated by Justice John Roberts. It notes on...

  • PUBLIC FORUMS, SELECTIVE SUBSIDIES, AND SHIFTING STANDARDS OF VIEWPOINT DISCRIMINATION. Casarez, Nicole B. // Albany Law Review;2000, Vol. 64 Issue 2, p501 

    Argues that the United States Supreme Court has erred in treating the First Amendment concept of viewpoint discrimination in nonpublic forums and nonforum government funding allocations. Application of the prohibition on viewpoint discrimination in a speech protective manner in the traditional...

Share

Read the Article

Courtesy of VIRGINIA BEACH PUBLIC LIBRARY AND SYSTEM

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics