Clark Memorandum: Spring 2023, J. Reuben Clark Law School, BYU Law School Alumni Association, J. Reuben Clark Law Society
The Clark Memorandum

Back to the Sources? What’s Clear and Not So Clear About the Original Intent of the First Amendment, John Witte Jr.
BYU Law Review

Liberalism, Catholic Integralism, and the Question of Religious Freedom, Xavier Foccroulle Ménard, Anna Su
BYU Law Review

Praying for America: The Anti-Theocracy and Equal Status Principles of the Free Exercise, Equal Protection and Establishment Clauses, Corey Brettschneider
BYU Law Review

Political Partisanship and Sincere Religious Conviction, Mark Satta
BYU Law Review

Moderating from Nowhere, Gilad Abiri
BYU Law Review

A Call for State Legislators to Reconsider Their Stance on School Choice and School Funding, Leah Blake
Brigham Young University Journal of Public Law

On Criminalizing Violent Speech, Amitai Etzioni
Brigham Young University Journal of Public Law

The Case of the Smart City, Bruce Peabody, Kyle Morgan
Brigham Young University Journal of Public Law

Safety Net or Trap? A Policy-Oriented Analysis of the Public Sex Offender Registry as Compelled Speech, Ann Weigly Deam
Brigham Young University Journal of Public Law

Clark Memorandum: Fall 2020, J. Reuben Clark Law School, BYU Law School Alumni Association, J. Reuben Clark Law Society
The Clark Memorandum

Invasion of the Content-Neutrality Rule, William D. Araiza
BYU Law Review

It’s Whose Party? Accurately Defining Political Parties in First Amendment Cases, MaKade Claypool
BYU Law Review

School to Students: Post That, and You Won't Play, Ashley Waddoups
BYU Law Review

Clark Memorandum: Spring 2020, J. Reuben Clark Law School, BYU Law School Alumni Association, J. Reuben Clark Law Society
The Clark Memorandum

Shutting Down Speech 101: Saving Campus Free Speech from the Heckler’s Veto and the Speech Gerrymander, Charles Adside III
Brigham Young University Journal of Public Law

Kill Me Through the Phone: The Legality of Encouraging Suicide in an Increasingly Digital World, Sierra Taylor
BYU Law Review

Clark Memorandum: Fall 2019, J. Reuben Clark Law School, BYU Law School Alumni Association, J. Reuben Clark Law Society
The Clark Memorandum

The Case of the Exemption Claimants: Religion, Conscience, and Identity, Steven D. Smith
BYU Law Review

Native American Religious Freedom as a Collective Right, Michael D. McNally
BYU Law Review

The Broader Implications of Masterpiece Cakeshop, Douglas Laycock
BYU Law Review

A Rhetorical Revolution: the antithesis of the First Amendment, Eimi Priddis Yildirim
Brigham Young University Journal of Public Law

Taking a Day off to Pray: Closing Schools for Religious Observance in Increasingly Diverse Schools, Ann E. Blankenship-Knox, Brett A. Geier
Brigham Young University Education and Law Journal

Clark Memorandum: Fall 2018, J. Reuben Clark Law School, BYU Law School Alumni Association, J. Reuben Clark Law Society
The Clark Memorandum

The Original Meaning of “religion” in the First Amendment: A Test Case of Originalism’s Utilization of Corpus Linguistics, Lee J. Strang
BYU Law Review

Avoiding Deliberation: Why the "Safe Space" Campus Cannot Comport with Deliberative Democracy, Nicholas A. Schroeder
Brigham Young University Education and Law Journal

Clark Memorandum: Spring 2017, J. Reuben Clark Law School, BYU Law School Alumni Association, J. Reuben Clark Law Society of the J. Reuben Clark Law School
The Clark Memorandum

Commoditized Speech, “Bargain Fairness,” and The First Amendment, Andrew Tutt
BYU Law Review

Human Rights, Religious Freedom, and Peace, David Little
BYU Law Review

The Legal Revolution Against the Place of Religion: The Case of Trinity Western University Law School, Barry W. Bussey
BYU Law Review

When the State Requires Doctors to Act Against their Conscience: The Religious Freedom Implications of the Referral and the Direction Obligations of Health Practitioners in Victoria and New South Wales, Michael Quinlan
BYU Law Review

Religious Freedom in Faith Based Educational Institutions in the Wake of Obergefell v. Hodges: Believers beware, Charles J. Russo
Brigham Young University Education and Law Journal

Codifying Commonsense: Religious viewpoint antidiscrimination acts and the free speech rights they protect, Brandon Harvard Riches
Brigham Young University Education and Law Journal

Upping the Ante: Rethinking Anti-SLAPP Laws in the Age of the Internet, Andrew L. Roth
BYU Law Review

Be Careful What You Wish for: Why Hobby Lobby Weakens Religious Freedom, Frank S. Ravitch
BYU Law Review

Posner, Blackstone, and Prior Restraints on Speech, Ashutosh Bhagwat
BYU Law Review

Mergens v. Westside Community Schools at Twenty-Five and Christian Legal Society v. Martinez: From Live and Let Live to My Way or the Highway?, Charles J. Russo
Brigham Young University Education and Law Journal

Prohibition of Indoctrination in Education — A Look at the Cse Law of the European Court of Human Rights, Fernando Méndez Powell
Brigham Young University Education and Law Journal

Freedom of Speech in Schools and the Right to Participation: When the First Amendment Encounters the Convention on the Rights of the Child, Lotem Perry-Hazan
Brigham Young University Education and Law Journal

Clark Memorandum: Spring 2015, J. Reuben Clark Law School, BYU Law School Alumni Association, J. Reuben Clark Law Society
The Clark Memorandum

Commandments, Crosses, & Prayers: The Roberts Court’s Approach to Public Religion, Zachary D. Smith
BYU Law Review

Free Speech and Public Order Exceptions: A Case for the U.S. Standard, Asma T. Uddin
BYU Law Review

Keynote Address, Orrin G. Hatch
BYU Law Review

The Very Old New Separationism, Alan M. Hurst
BYU Law Review

Think of the Children: How the Role of Students in the Classroom Informs Future Applications of Garcetti v. Ceballos in Academic Contexts, Aaron Worthen
BYU Law Review

In the Weeds with Thomas: Morse, in loco parentis, Corporal Punishment, and the Narrowest View of Student Speech Rights, William C. Nevin
Brigham Young University Education and Law Journal

Press Definition and the Religion Analogy, RonNell Andersen Jones
Faculty Scholarship

The Dangers of Press Clause Dicta, RonNell Andersen Jones
Faculty Scholarship

Reversing the Tide: Restoring First Amendment Ideals in America's Schools through Legislative Protections for Journalism Students and Advisors, Christine Snyder
Brigham Young University Education and Law Journal

Off-Campus Cyberbullying: First Amendment Problems, Parameters, and Proposal, David R. Hostetler
Brigham Young University Education and Law Journal

What the Supreme Court Thinks of the Press and Why It Matters, RonNell Andersen Jones
Faculty Scholarship

Media Politicization of the United States Supreme Court, RonNell Andersen Jones
Faculty Scholarship

Invisible Women: Why an Exemption for Hobby Lobby Would Violate the Establishment Clause, Frederick Mark Gedicks, Andrew Koppelman
Faculty Scholarship

Cross, Crucifix, Culture: An Approach to the Constitutional Meaning of Confessional Symbols, Frederick Mark Gedicks, Pasquale Annicchino
Faculty Scholarship

RFRA Exemptions from the Contraception Mandate: An Unconstitutional Accommodation of Religion, Frederick Mark Gedicks, Rebecca G. Van Tassell
Faculty Scholarship

Neutrality Fatality as Between Government Speech and Religion and Nonreligion: How the Government Speech Doctrine Provides a Solution, Haley Jankowski
BYU Law Review

Defamation is More than Just a Tort: a New Constitutional Standard for Internet Student Speech, Reesa Miles
Brigham Young University Education and Law Journal

Not LOL: Legal Issues Encountered During One High School's Response to Sexting, R. Stewart Mayers Ph.D., Mike F. Desiderio Ph.D.
Brigham Young University Education and Law Journal

Religions as Sovereigns: Why Religion is "Special", Elizabeth Clark
Faculty Scholarship

Incorporation of the Establishment Clause Against the States: A Logical, Textual, and Historical Account, Frederick Mark Gedicks
Faculty Scholarship

Narrative Pluralism and the Doctrine Incoherence in Hosanna-Tabor, Frederick Mark Gedicks
Faculty Scholarship

Morse v. Frederick: Tinkering with School Speech: Can Five Years of Inconsistent Interpretation Yield a Hybrid Content—Effects-Based Approach to School Speech as a Tool for the Prevention of School Violence?, Ronald C. Schoedel III
BYU Law Review

Not a Free Press Court?, Lyrissa Barnett Lidsky
BYU Law Review

The Justices and News Judgment: The Supreme Court as News Editor, Amy Gajda
BYU Law Review

With Religious Liberty for All: A Defense of the Affordable Care Act's Contraception Coverage Mandate, Frederick Mark Gedicks
Faculty Scholarship

Tatooist v. Tattoo: Separating the Service from the Constitutionally Protected Message\, Hannah H. Porter
BYU Law Review

New Jersey's Anti-Bullying Fix: A Solution or the Creation of an Even Greater First Amendment Problem?, Lindsay Nash
BYU Law Review

Digitally Unknown: Why the Ninth Circuit Should Wish to Remain Anonymous in In re Anonymous Online Speakers, Brandon T. Crowther
BYU Law Review

American Atheists, Inc. v. Davenport: Endorsing a Presumption of Unconstitutionality Against Potentially Religious Symbols, Eric B. Ashcrof
BYU Law Review

Defining Fraud as an Unprotected Category of Speech: Why the Ninth Circuit Should Have Upheld the Stolen Valor Act in United States v. Alvarez, Natali Wyson
BYU Law Review

Eliminating the Subjective Intent Requirement for True Threats in United States v. Bagdasarian, Jake Romney
BYU Law Review

Mill, Holmes, Brandeis and a True Threat to Brandenburg, Mark Strasser
Brigham Young University Journal of Public Law

Can Students be Disciplined for Off-campus Cyberspeech?: The Reach of the First Amendment in the Age of Technology, Allan G. Osborne Jr., Charles J. Russo
Brigham Young University Education and Law Journal

Humanitarian Law Project and the Supreme Court's Construction of Terrorism, Wadie E. Said
BYU Law Review

The New Resident Evil? State Regulation of Violent Video Games and the First Amendment, James Dunkelberger
BYU Law Review

Preventing Divisiveness: The Ninth Circuit Upholds the 1954 Pledge Amendment in Newdow v. Rio Linda Union School District, Devin Snow
BYU Law Review

The Tension Within the Religion Clause of the First Amendment, Thomas B. Griffith
BYU Law Review

Secularity and Secularism in the United Kingdom: On the Way to the First Amendment, Iain McLean, Scot M. Peterson
BYU Law Review

Derridean Diagnosis of Marketplace Ills: Curing Schizophrenia and Amnesia in the First Amendment Search for Truth, Chris Whittaker
BYU Law Review

Tinker at a Breaking Point: Why the Specter of Cyberbullying Cannot Excuse Impermissible Public School Regulation of Off-Campus Student Speech, Allison Belnap
BYU Law Review

Preserving Access to Tattoos: First Amendment Trumps Municipal Ban in Anderson v. City of Hermosa Beach, Richard Hyde
BYU Law Review

Teacher Facebook Speech: Protected or Not?, Rachel A. Miller
Brigham Young University Education and Law Journal

Expensive Speech: Citizens United v. FEC and the Free Speech Rights of Tax-Exempt Religious Organizations, Brandon S. Boulter
BYU Law Review

Summum, the Vocality of Public Places, and the Public Forum, Timothy Zick
BYU Law Review

Government Speech and the Publicly Employed Attorney, Margaret Tarkington
BYU Law Review

The Free Speech Rights of “Off-Duty” Government Employees, Mary-Rose Papandrea
BYU Law Review

Justice Souter on Government Speech, Sheldon Nahmod
BYU Law Review

The Emerging Oversimplifications of the Government Speech Doctrine: From Substantive Content to a “Jurisprudence of Labels”, Barry P. McDonald
BYU Law Review

Pick Your Poison: Private Speech, Government Speech, and the Special Problem of Religious Displays, RonNell Andersen Jones
BYU Law Review

Government Speech and Online Forums: First Amendment Limitations on Moderating Public Discourse on Government Websites, David S. Ardia
BYU Law Review

Defamation and John Does: Increased Protections and Relaxed Standing Requirements for Anonymous Internet Speech, Stephanie Barclay
BYU Law Review

Coordination or Mere Registration? Single-Speaker Permits in Berger v. City of Seattle, Edan Burkett
BYU Law Review

Transforming the Public Employee Speech Standard in Posey v. Lake Pend Oreille: More than Meets the Eye , Benjamin M. Smith
BYU Law Review

Passive Acknowledgement or Active Promotion of Religion? Neutrality and the Ten Commandments in Green v. Haskell, Stephanie Barclay
BYU Law Review

To Speak or Not to Speak: Theoretical Difficulties of Analyzing Compelled Speech Claims under a Restricted Speech Standard, Brandon C. Pond
Brigham Young University Education and Law Journal

Adopted Speech: Summum's Implications on Government-Sponsored, Student Speech, Landon Wade Magnusson
Brigham Young University Education and Law Journal

Marriage and Religious Liberty: Comparative Law Problems and Conflict of Laws Solutions, Lynn D. Wardle
Faculty Scholarship

Presiding Bishop of the Church of Jesus Christ of Latter-day Saints v. Amos, 483 U.S. 327 (1987): Addressing Tensions between the Free Exercise and Establishment Clauses, Elizabeth Clark
Faculty Scholarship

Religious Liberty and Religious Minorities in the United States, Elizabeth Clark
Faculty Scholarship

Undoing Neutrality?: From Church-State Separation to Judeo-Christian Tolerance, Frederick Mark Gedicks
Faculty Scholarship

The Pornographic Secondary Effects Doctrine, John Fee
Faculty Scholarship

Understanding the Lobbying Efforts of a Church: How Far Is Too Far?, Chase Manderino
BYU Law Review

A Teacher's Right to Remain Silent: Reasonable Accommodation of Negative Speech Rights in the Classroom , Matthew Baker
BYU Law Review

Atmospheric Harms in Constitutional Law, Frederick Mark Gedicks
Faculty Scholarship

Finding a Place for Embedded Advertising Without Eroding the First Amendment: An Analysis of the Blurring Line Between Verisimilar Programming and Commercial Speech, Jacob J. Strain
Brigham Young University Journal of Public Law

Zero-Sum Judicial Elections: Balancing Free Speech and Impartiality Through Recusal Reform, David K. Stott
BYU Law Review

Student Speech in Public Schools: A Comprehensive Analytical Framework Based on the Role of Public Schools in Democratic Education, Curtis G. Bentley
Brigham Young University Education and Law Journal

Morality and Public School Speech: Balancing the Rights of Students, Parents, and Communities, Peter J. Jenkins
BYU Law Review

Ball on a Needle: Hein v. Freedom from Religion Foundation, Inc. and the Future of Establishment Clause Adjudication, Ira C. Lupu, Robert W. Tuttle
BYU Law Review

The Court's Missed Opportunity in Harper v. Poway, Andrew Canter, Gabriel Pardo
Brigham Young University Education and Law Journal

Student Speech: School Boards, Gay/Straight Alliances, and the Equal Access Act, Todd A. DeMitchell, Richard Fossey
Brigham Young University Education and Law Journal

The Pledge of Allegiance in the Classroom and the Court: An Epic Struggle over the Meaning of the Establishment Clause of the First Amendment, Brian Wheeler
Brigham Young University Education and Law Journal

Anti-Harassment Provisions Revisited: No Bright-Line Rule, Martha McCarthy
Brigham Young University Education and Law Journal

Indeterminacy and the Establishment Clause, Frederick Mark Gedicks
Faculty Scholarship

www.Sam·s_Stationery_and_Luncheonette.com: Bringing Ginsberg v. New York into the Internet Age, John Fee
BYU Law Review

Obscenity and the World Wide Web, John E. Fee
BYU Law Review

A New First Amendment Model for Evaluating Content-Based Regulation ofInternet Pornography: Revising the Strict Scrutiny Model To Better Reflect the Realities of the Modern Media Age, Mark S. Kende
BYU Law Review

Free Trade in Ideas Is (or Ought To Be) Absolute for Adults, Patrick M. Garry
BYU Law Review

Introduction to the 2007 BYU Law Review Symposium: Warning! Kids Online: Pornography, Free Speech, and Technology, Cheryl B. Preston
BYU Law Review

Politics or Principle? Zechariah Chafee and the Social Interest in Free Speech, Charles L. Barzun
BYU Law Review

The Public Forum Doctrine and Public Housing Authorities: Can You Say That Here?, Martin J. Rooney
Brigham Young University Journal of Public Law

Preaching from the State's Podium: What Speech is Proselytizing Prohibited by the Establishment Clause?, Christian M. Keiner
Brigham Young University Journal of Public Law

School Speech v. School Safety: In the Aftermath of Violence on School Campuses Throughout This Nation, How Should School Officials Respond to Threatening Student Expression?, Richard V. Blystone
Brigham Young University Education and Law Journal

Uncivil Religion: Judeo-Christianity and the Ten Commandments, Frederick Mark Gedicks, Roger Hendrix
Faculty Scholarship

Establishment Clause Jurisprudence and the Free Exercise Dilemma: A Structural Unitary-Accommodationist Argument for the Constitutionality of God in the Public Square, Carolyn A. Deverich
BYU Law Review

Whither Copyright? Transformative Use, Free Speech, and an Intermediate Liability Proposal, John Tehranian
BYU Law Review

Protecting Student Speech Rights While Increasing School Safety: School Jurisdiction and the Search for Warning Signs in a Post-Columbine/Red Lake Environment, Richard Salgado
BYU Law Review

Architecture as Art? Not in My Neocolonial Neighborhood: A Case for Providing First Amendment Protection to Expressive Residential Architecture, Janet Elizabeth Haws
BYU Law Review

The Formal State Action Doctrine and Free Speech Analysis, John Fee
Faculty Scholarship

Speech Discrimination, John Fee
Faculty Scholarship

Religious Monopolies and the Commodification of Religion, Brett G. Scharffs, Shima Baradaran-Robison, Elizabeth A. Sewell
Faculty Scholarship

Incarceration of the Free Exercise Clause: The Sixth Circuit's Misstep in Cutter v. Wilkinson, James B. McMullin
Brigham Young University Journal of Public Law

Freedom of the Press: How University Newspapers Have Fared in the Face of Challenges From Students, Administrators, Advertisers, and State Legislatures, Lisa Bohman
Brigham Young University Education and Law Journal

The Continuing Saga of Internet Censorship: The Child Online Protection Act, Martha McCarthy
Brigham Young University Education and Law Journal

The Permissible Scope of Legal Limitations on the Freedom of Religion or Belief in the United States, Frederick Mark Gedicks
Faculty Scholarship

Sexual Misconduct and Ecclesiastical Immunity, Ira C. Lupu, Robert W. Tuttle
BYU Law Review

An Itty· Bitty Immunity and Its Consequences for The Church of Jesus Christ of Latter·day Saints: A Response to Professors Lupu and Tuttle, Cheryl B. Preston
BYU Law Review

Separation, Neutrality, and Clergy Liability for Sexual Misconduct, William P. Marshall
BYU Law Review

Continuing the Lord's Work and Healing His People: A Reply to Professors Lupu and Tuttle, Mark E. Chopko
BYU Law Review

"Omalous" Autonomy, Perry Dane
BYU Law Review

Thoughts on Smith and Religious-Group Autonomy, Laura S. Underkuffler
BYU Law Review

Religious Organizations and Free Exercise: The Surprising Lessons of Smith, Kathleen A. Brady
BYU Law Review

More or Less Bunk: The Establishment Clause Answers That History Doesn't Provide, Steven G. Gey
BYU Law Review

The Voluntary Principle and Church Autonomy, Then and Now, Thomas C. Berg
BYU Law Review

Religious Institutions, the No-Harm Doctrine, and the Public Good, Marci A. Hamilton
BYU Law Review

Introduction, Kevin J. Worthen
BYU Law Review

Unity of the Graveyard and the Attack on Constitutional Secularism, Steven G. Gey
BYU Law Review

The Establishment Clause Gag Reflex, Frederick Mark Gedicks
BYU Law Review

The Supreme Court's Rhetorical Hostility: What Is "Hostile" to Religion Under the Establishment Clause?, Frank S. Ravitch
BYU Law Review

Introduction, Brett G. Scharffs
BYU Law Review

The Menace of Neutrality in Religion, Gabriel A. Moens
BYU Law Review

Adding Marks to the Mix of an Already Muddled Decision Regarding Public Forums and Freedom of Speech on the Internet , Tyson Snow
Brigham Young University Journal of Public Law

Access to Public School Facilities for Religious Expression by Students, Student Groups and Community Organizations: Extending the Reach of the Free Speech Clause, Ralph D. Mawdsley
Brigham Young University Education and Law Journal

Facilitating Freedom of Religion or Belief: A Deskbook, Tore Lindholm, W. Cole Durham Jr., Bahia Tahzib-Lie, Elizabeth Clark, Lena Larsen
Faculty Scholarship

James Madison, John Witherspoon, and Oliver Cowdery: The First Amendment and the 134th Section of the Doctrine and Covenants, Rodney K. Smith
BYU Law Review

Proselytizers, Pamphleteers, Pests, and Other First Amendment Champions: Watchtower Bible and Tract Society of New York, Inc. v. Village of Stratton, Kathryn Lusty
Brigham Young University Journal of Public Law

Restorative Justice and the Two-Track Establishment Clause, Frederick Mark Gedicks
Faculty Scholarship

Promoting Progress or Rewarding Authors? Copyright Law and Free Speech in Bonneville International Corp. v. Peters, Edward L. Carter
BYU Law Review

Improper Application of First-Amendment Scrutiny to Conduct-Based Public Nudity Laws: City of Erie v. Pap's A.M. Perpetuates the Confusion Created by Barnes v. Glen Theatre, Inc., Aaron Brogdon
Brigham Young University Journal of Public Law

A Two-Track Theory of the Establishment Clause, Frederick Mark Gedicks
Faculty Scholarship

Abridging the Freedom of Non-English Speech: English-Only Legislation and the Free Speech Rights of Government Employees, Margaret Robertson
BYU Law Review

The Framers' Establishment Clause: How High the Wall?, J. Clifford Wallace
BYU Law Review

Jones v. Clinton: A Study in Politically Motivated Suits, Rule 1 1, and the First Amendment, Carol Rice Andrews
BYU Law Review

Preserving the Establishment Clause: One Step Forward and Two Steps Back, Martha McCarthy
Brigham Young University Education and Law Journal

The Supreme Court and the Establishment Clause at the Dawn of the New Millennium: "Bristl[ing] with Hostility to All Things Religious" or Necessary Seperation of Church and State?, Charles J. Russo, Ralph D. Mawdsley
Brigham Young University Education and Law Journal

Bernstein v. United States Depament of Justice: A Cryptic Interpretation of Speech, Seth Hanson
BYU Law Review

Counterspeech 2000: A New Look at the Old Remedy for "Bad" Speech, Robert D. Richards, Clay Calvert
BYU Law Review

The FDA Knows Best . . Or Does It? First Amendment Protection Of Health Claims On Dietary Supplements: Pearson v. Shalala, Amber K. Spencer
Brigham Young University Journal of Public Law

Internet Speech and the First Amendment Rights of Public School Students, Leora Harpaz
Brigham Young University Education and Law Journal

Towards a Defensible Free Exercise Doctrine, Frederick Mark Gedicks
Faculty Scholarship

The Normalized Free Exercise Clause: Three Abnormalities, Frederick Mark Gedicks
Faculty Scholarship

The First Amendment: Saving Us From Ourselves (Review of No Liberty for License, by David Lowenthal), Cory A. Talbot
BYU Law Review

The Believer's First Amendment (Review of Separating Church and State, by Timothy L. Hall), Marcus Mumford
BYU Law Review

The Developmental Progress of Free Exercise (Review of The Lustre of Our Country, by John T. Noonan, Jr.), Charlene Davis Luke
BYU Law Review

Using the Religion Clauses to Secure Religious Liberty (Review of Securing Religious Liberty, by Jesse Choper), Jared Goff
BYU Law Review

Deconstructing Deconstruction (Review of The Rhetoric of Church and State, by Frederick Mark Gedicks), D. Heath Bailey
BYU Law Review

Regulating Sexually Oriented Businesses: The Regulatory Uncertainties ofa "Regime of Prohibition by Indirection" and the Obscenity Doctrine's Communal Solution, Daniel J. McDonald
BYU Law Review

Lemon Is a Lemon: Toward a Rational Interpretation of the Establishment Clause, Thomas C. Marks Jr., Michael Bertolini
Brigham Young University Journal of Public Law

The Improbability of Religion Clause Theory, Frederick Mark Gedicks
Faculty Scholarship

"Brainwashing" Claims and Minority Religions Outside the United States: Cultural Diffusion of a Questionable Concept in the Legal Arena, James T. Richardson
BYU Law Review

Church and State Relations in Australia and the United States: The Purpose and Effect Approaches and the Neutrality Principle, Gabriel A. Moens
BYU Law Review

Constitutional Imperfection, Judicial Misinterpretation, and the Politics of Constitutional Amendment: Thoughts Generated by Some Current Proposals to Amend the Constitution, Sanford Levinson
BYU Law Review

Converting the Religious Equality Amendment into a Statute with a Little "Conscience", Rodney K. Smith
BYU Law Review

The Necessity and Impact of the Proposed Religious Equality Amendment, Steuen T. McFarland
BYU Law Review

All Things Being Equal ..., John H. Garvey
BYU Law Review

The Ironic State of Religious Liberty in America, Frederick Mark Gedicks
Faculty Scholarship

RFRA and the Possibility of Justice, Frederick Mark Gedicks
Faculty Scholarship

Religion, the First Amendment, and Public Education, Warren A. Nord
Brigham Young University Journal of Public Law

Religion, Zoning, and the Free Exercise Clase: The Impact of Employment Division v. Smith, Bradley Donald Parkinson
Brigham Young University Journal of Public Law

No Constitutional Shelter: The Ninth Circuit's Reading of the Hybrid Claims Doctrine in American Friends Service Committee Corp. v. Thornburgh, Shawn Gunnarson
Brigham Young University Journal of Public Law

The Rise and Fall of the Religion Clauses, Frederick Mark Gedicks
Brigham Young University Journal of Public Law

Solicitation on Postal Premises: United States v. Kokinda, Jay R. Larsen
Brigham Young University Journal of Public Law

Brown v. Palmer: Public Forum Analysis and the Military, David M. Jones
Brigham Young University Journal of Public Law

The Integrity of Survival: A Mormon Response to Stanley Hauerwas, Frederick Mark Gedicks
Faculty Scholarship

Beyond "Public Concern": New free speech standards for public employees, D. Gordon Smith
Faculty Scholarship

The History and Culture of Affirmative Action, Anthony J. Scanlon
BYU Law Review

Kendrick v. Bowen: "Primary Effect" Analysis and the Adolescent Family Life Act, Gregory M. Hess
BYU Law Review

Conflicts Between Copyright and the First Amendment After Harper & Row, Publishers v. Nation Enterprises, David E. Shipley
BYU Law Review

Motivation, Rationality, and Secular Purpose in Establishment Clause Review, Frederick Mark Gedicks
Faculty Scholarship

Drawing Lines and Defining Remedies: The Impact of Ellis v. Brotherhood of Railway, Airline and Steamship Clerks on the First Amendment Rights of Dissident Employees, Shane R. Swindle
BYU Law Review

Commercial Speech Concerning Unlawful Conduct: A Clear and Present Danger, Richard L. Barnes
BYU Law Review

Religion in Public Schoolrooms-Striking a Balance Between Freedom of Speech and Establishment of Religion: Bender v. Williamsport Area School District, John E. Leach
BYU Law Review

Accommodation of Conscientious Objection to Abortion: A Case Study of the Nursing Profession, W. Cole Durham Jr., Mary Anne Q. Wood, Spencer J. Condie
BYU Law Review

Revocation of Tax-Exempt Status of Religious Schools-Conflict with the Religion Clauses of the First Amendment: Bob Jones University v. United States, R. Clyde Parker Jr.
BYU Law Review

Trust Doctrines in Church Controversies, Dalin H. Oaks
BYU Law Review

Strict Liability Versus Negligence: An Economic Analysis of the Law of Libel, Gary L. Lee
BYU Law Review

A Restatement of the Intended Meaning of the Establishment Clause in Relation to Education and Religion, John Remington Graham
BYU Law Review

Miller v. California Revisited: An Empirical Note, Robert E. Riggs
BYU Law Review

Constitutional Law-Free Exercise of Religion-State May Require a Photograph on a Drivers License Though the Licensee's Religious Beliefs Prohibits Photographs of Any Type--Johnson v. Motor Vehicle Division, 593 P.2d 1363 (Colo. 1979),
BYU Law Review

Constitutional Law-Defamation-The Supreme Court Places Further Limitations on Designation as a "Public Figure" in Libel Actions- Wolston v. Reader's Digest Association, 443 U.S. 147 (1979),
BYU Law Review

Teacher Dismissal: A View from Mount Healthy, E. Gordon Gee
BYU Law Review

A Dubious Neutrality: The Establishment of Secularism in the Public Schools, Paul James Toscano
BYU Law Review

Conscientious Objection to Public Education: The Grievance and the Remedies, Charles E. Rice
BYU Law Review

Jefferson and the Church-State Wall : A Historical Examination of the Man and the Metaphor,
BYU Law Review

Government Aid to Church-Related Education : An Alternative Rationale,
BYU Law Review

Some Notes on the Proper Uses of the Clear and Present Danger Test, James W. Torke
BYU Law Review

Privacy, Appropriation, and the First Amendment: A Human Cannonball's Rather Rough Landing, Richard G. Wilkins
BYU Law Review

Constitutional Law--Commercial Speech Doctrine--A Clarification of the Protection Afforded Under the First Amendment--Bigelow v. Virginia,
BYU Law Review