Several provisions of federal education law, including the Elementary and Secondary Education Act of 1965 (ESEA) and the Individuals with Disabilities Education Act (IDEA), require public school districts to provide certain educational services to students attending private schools on an "equitable" basis. Both ESEA and IDEA give…

In the twenty-first century, differences in the treatment of trade in alcoholic beverages in comparison to other commercial goods seem at odds with the federal regulation of interstate trade under the Commerce Clause of the United States Constitution, which prohibits "differential treatment of in-state and out-of-state economic interests that…

This monograph traces the themes in various court decisions that reflect a growing respect for the broadcast industry as a mature communication medium which, despite federal regulation, deserves a fuller measure of the First Amendment protection enjoyed by other media. The review begins with the first government involvement in broadcast content in…

Under the "commercial speech doctrine," corporations were restricted for many years from speaking out on public issues or engaging in certain advertising practices. This "doctrine" was based on a case from the 1940s, in which the court ruled that purely commercial advertising had no constitutional protection from government…

A review of federal court decisions in the area of cable television and First Amendment rights reveals an early, unified perception of cable's First Amendment status that has given way in the past decade to fragmented and often contradictory positions among lower level courts. This makes the problem before the courts today one of choosing from, or…

This paper examines the government's authority to regulate indecent broadcasts, beginning with a historical overview of the Federal Communication Commission's (FCC) involvement with broadcast indecency and its application in case law. First Amendment considerations are discussed and some suggestions are made regarding how the Commission should…

A number of court cases are being decided and laws are being passed that have an impact upon the First Amendment rights of children in the United States. In addition, groups such as the national Parent Teachers Association, Action for Children's Television, the Council on Dental Health, and the American Public Health Association are lobbying for…

In the revocation of Bob Jones University's tax exemption because of prohibition of interracial dating, these questions are addressed: Has the IRS the authority to interpret public policy, and if so, may it impinge on free exercise of religious beliefs that favor some organizations over others? (Author/MSE)

Examines the extent that educational institutions can regulate face-to-face solicitation. Legal decisions indicate that: (1) regulation is not aimed at commercial content; (2) legitimate college interests include student privacy and the harm posed by high pressure sales tactics; and (3) alternatives for commerical information dissemination must be…

By seeking to compel a religious organization to conform to a perceived government policy, the Internal Revenue Service violates both the free exercise and establishment clauses of the first amendment. This would open the door for further use of taxing power to pressure religious organizations to change. (Author/MSE)

This article discusses Supreme Court cases bearing upon the legal parameters for permissible government regulation of religious elementary and secondary schools. Two legal strategies of religious interests, traditional and radical, are described, followed by a discussion of strategies at the state level. (TE)

This article maintains that National Labor Relations Board regulation of parochial schools and teachers impermissibly intrudes on the decision-making processes that the First Amendment has committed to private individuals and institutions. Available from Duquesne Law Review, 901 Rockwell Hall, 600 Forbes Avenue, Pittsburgh, Pennsylvania 15219; sc…

Recently, there has been a definite shift away from United States government support for the unrestricted exchange of new, unclassified scientific and technical information at professional meetings. This has been substantiated by numerous specific examples of censorship by branches of the government. Scientists in the target professional…

Does a "school choice" program, under which state funds are disbursed on a neutral basis to parents in the form of a voucher to defray the cost of sending their children to a school of their choice, run afoul of the Establishment Clause of the First Amendment to the United States Constitution, or of the New Hampshire Constitution? No. A…

The Law section of the Proceedings contains the following 10 papers: "The Driver's Privacy Protection Act of 1994: Does Congress Have the Constitutional Authority to Override State FOI Laws by Regulating Access to State Driver's Licenses?" (Joey Senat); "The Truth Hurts: Intentional Infliction of Emotional Distress as a Cause of…