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Editor's Introduction 编辑器的介绍
Free Speech Yearbook Pub Date : 2012-01-01 DOI: 10.1080/08997225.2012.10556376
J. Dee
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引用次数: 0
The Supreme Court and Freedom of Expression, 2010–2011 最高法院与言论自由,2010-2011
Free Speech Yearbook Pub Date : 2012-01-01 DOI: 10.1080/08997225.2012.10556389
Donald Fishman
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引用次数: 0
The Delay of Tax-Exemption to Chill Pro-Israel Speech: Z STREET v. Shulman, Commissioner of Internal Revenue Service 推迟免税以冷却亲以色列的演讲:Z街诉舒尔曼,美国国税局局长
Free Speech Yearbook Pub Date : 2012-01-01 DOI: 10.1080/08997225.2012.10556387
Daniel S. Brown
{"title":"The Delay of Tax-Exemption to Chill Pro-Israel Speech: Z STREET v. Shulman, Commissioner of Internal Revenue Service","authors":"Daniel S. Brown","doi":"10.1080/08997225.2012.10556387","DOIUrl":"https://doi.org/10.1080/08997225.2012.10556387","url":null,"abstract":"The Internal Revenue Service (IRS) wants to know: “Does your organization support the existence of the land of Israel?” When government officials ask this question to an applicant for tax exempt status, other questions must be asked. For example, given the power and authority of the federal government, what might be the correct response? In what way does our response influence the status of our application for tax exemption as a charitable non-profit organization? What words and thoughts ought we not express? In a surprising move that seems aimed at silencing the political expression of nonprofit Jewish and pro-Israel organizations, the IRS has delayed and may deny the awarding of tax exempt status to at least one pro-Israel non-profit group. Representatives of the nonprofit organization Z STREET argue in court documents that they are in the cross-hairs of the Obama administration because their mission and goals contradict the policies of President Barack Obama’s Middle East policy. More specifically, the current administration favors a two-state solution to the Middle East hostilities, whereas Z STREET is founded to support the principle of a single Israeli state as the foundation for peace in the Middle East. Denial of tax exemption because an organization is seriously out of step with widely-accepted public policy has long been a practice of the IRS. The Supreme Court entered the fray and fashioned the judicial test of “public policy” for tax exemption in Bob Jones University v. United States, a 1982 decision that involved racial discrimination in admission policies of the South Carolina institution. Because racial discrimination in education is counter to established public policy, so the Court reasoned, Bob Jones University, a private university that received no government assistance, should be denied a tax exemption. This paper argues in part that the IRS is misapplying the Bob Jones “public policy test” to the President’s “administration policy” on Middle East peace negotiation processes. This misapplication of the public policy test has tremendous potential to create a chilling effect on discussion and debate regarding United States foreign policy.","PeriodicalId":439135,"journal":{"name":"Free Speech Yearbook","volume":"113 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120947965","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Cheerleader and the Athlete: A Sad Tale About the Dismal State of Student Speech Rights 《啦啦队长和运动员:一个关于学生言论权利惨淡状况的悲伤故事
Free Speech Yearbook Pub Date : 2012-01-01 DOI: 10.1080/08997225.2012.10556386
Dale A. Herbeck
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引用次数: 1
Introduction to the Commentaries on Snyder v. Phelps: The Problems and Promises of Protecting Abhorrent Speech 斯奈德诉菲尔普斯案评注导论:保护可恶言论的问题与承诺
Free Speech Yearbook Pub Date : 2012-01-01 DOI: 10.1080/08997225.2012.10556377
Susan Balter-Reitz
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引用次数: 0
The Litigious Abyss between Academic Freedom and Freedom of Speech Response to John Durham Peters' Courting the Abyss 学术自由与言论自由的诉讼深渊——兼评约翰·达勒姆·彼得斯的《追求深渊》
Free Speech Yearbook Pub Date : 2009-01-01 DOI: 10.1080/08997225.2009.10556356
C. Smith
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引用次数: 1
Special Section: Metaphors in Free Speech Jurisprudence 专题部分:言论自由法理学中的隐喻
Free Speech Yearbook Pub Date : 2009-01-01 DOI: 10.1080/08997225.2009.10556341
Dale A. Herbeck
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引用次数: 0
The Fighting Words Doctrine: A History of Balancing Order And Liberty 战斗话语主义:平衡秩序与自由的历史
Free Speech Yearbook Pub Date : 2009-01-01 DOI: 10.1080/08997225.2009.10556351
J. Hanson, Ross Richendrfer, Matt Schissler
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引用次数: 2
The Supreme Court and Freedom of Expression, 2008–2009 最高法院与言论自由,2008-2009
Free Speech Yearbook Pub Date : 2009-01-01 DOI: 10.1080/08997225.2009.10556352
P. Siegel
{"title":"The Supreme Court and Freedom of Expression, 2008–2009","authors":"P. Siegel","doi":"10.1080/08997225.2009.10556352","DOIUrl":"https://doi.org/10.1080/08997225.2009.10556352","url":null,"abstract":"The 2008-2009 Term was not brimming with cases related to the Yearbook’s subject matter. Indeed, the two most anticipated First Amendment cases resulted in a non-decision and a decision that purposely postponed the constitutional issues. In the first, court watchers were a bit surprised when the justices requested a second round of briefs and arguments in a case that asked if a 90-minute film highly critical of Hillary Clinton’s campaign for the presidency (the film was produced at a time when most pundits assumed she would win the Democratic nomination) was just an unusually long political advertisement, thus subject to the panoply of federal election campaign laws governing funding and public disclosure of donors. Whereas in the first round litigants addressed the matter of how the film should be treated under current law, the justices asked explicitly that both sides now address whether the case should be the vehicle for overturning at least a couple of Supreme Court precedents. The case was re-argued in September, 2009, several weeks before the Court’s traditional opening session. The second case, with which we will begin our more elaborate review momentarily, found the FCC defending itself against the charge that its sanctioning of FOX Television for on-air epithets uttered by Cher and Nicole Richie may have exceeded its authority. But the Court ruled only on a narrower statutory question, leaving the First Amendment issues to another day. Rounding out the relevant cases from the 2008-2009 Term are two decisions involving associational interests related to government employees’ payroll deductions going to labor unions’ litigation (in Maine) and political (in an Iowa case) expenses, and an Establishment Clause case from Utah over the display on public land of a monument to the Ten Commandments. We begin with the Fox Television case.","PeriodicalId":439135,"journal":{"name":"Free Speech Yearbook","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133535669","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Case of the Contentious Metaphor: The Marketplace of Ideas as Modernist Mystery 有争议的隐喻案例:作为现代主义奥秘的思想市场
Free Speech Yearbook Pub Date : 2009-01-01 DOI: 10.1080/08997225.2009.10556342
R. A. Parker
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引用次数: 4
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