PRLS 360, Bill of Rights Issues Parks, Schools & Public Places

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INTRODUCTION

Kozlowski law columns

PRLS 360 Syllabus

GMU-TV "Watch GMU TV Live"

Legal Dictionary (law.com)

FindLaw Cases and Codes

FINDING Court Opinions on LEXIS

(1) George Mason University(2) GMU Libraries and Research (3) University Libraries Databases (4) Alphabetical list of databases: L (5) LexisNexis Academic (6) Legal Research (7) Federal or State Case Law

Using Lexis FIND:

First Amendment opinions re GMU sanctions against Fraternity for “Ugly Woman” contest.

IOTA XI Chapter of Sigma Chi Fraternity v. George Mason University, 993 F.2d 386 (C.A.4 (Va.), 1993)

Iota Xi Chapter of Sigma Chi v. George Mason Univ., 773 F.Supp. 792 (E.D. Va., 1991)

FIND LATER CASE referencing IOTA CHI v. GMU:

Willis v. Town of Marshall, N.C., 426 F.3d 251 (Fed. 4th Cir., 2005) "dirty dancing" in the community center

GMU Democracy Project

First Amendment Center

About the First Amendment: First Amendment Center

Newspapers could educate public about First Amendment

GMU Broadside, 10/05/2005 Question of Civil Rights Infringement Spawns Protest

GMU Broadside 10/17/2005 Mason Community Responds to Student's Arrest

GMU Broadside 10/24/2006 Mason Officials Recommend Dropping Charges Against Khan

GMU Broadside 11/21/2005 Virginia Dismisses All Charges Against Tariq Khan

Mason Gazette 10/21/2005 George Mason Updates Campus on Incident Involving Student's Arrest

4th Circuit upholds University of Maryland speech policy

 

1. FIRST AMENDMENT ON THE MALL AND CAPITOL

Regulating Constitutionally Protected Symbolic Speech in Parks.

Thomas v. U.S., 696 F.Supp. 702 (D.C., 1988)

Krishnas Challenge Park Service Regs Banning Solicitations and Sales on Mall

Iskcon of Potomac, Inc. v. Kennedy, 61 F.3d 949 (C.A.D.C., 1995)

Friends of the Vietnam Veterans Memorial v. Kennedy, 116 F.3d 495 (C.A.D.C., 1997)

Henderson v. Kennedy, 253 F.3d 12 (D.C. Cir., 2001)

Park Service Noise Regulation Unconstitutionally Applied To War Protest

Bloch v. District of Columbia, No. 03-CT-680 (DC 12/30/2004) (DC, 2004)

2. KU KLUX KLAN AND NAZIS

State Rejects KKK Application For Adopt-A-Highway Program

KKK Cross On Capitol Square Not State Endorsement Of Religion. Parks and Recreation

Collin v. Smith, 447 F.Supp. 676 (N.D. Ill., 1978)

Edwards v. City of Coeur D'Alene, 262 F.3d 856 (9th Cir., 2001)

Church of the American Knights of the Ku Klux Klan v. City of Gary 334 F.3d 676 (7th Cir., 2003)

Christian Knights of Kkk v. District of Columbia, 751 F.Supp. 218 (D.C., 1990)

Christian Knights of Ku Klux Klan Invisible Empire, Inc. v. District of Columbia, 972 F.2d 365 (C.A.D.C., 1992)

Pritchard v. Carlton, 821 F.Supp. 671 (S.D. Fla., 1993)

Invisible Empire Knights of Kkk v. City of W. Haven, 600 F.Supp. 1427 (Conn., 1985)

Church of the Ku Klux Klan v. Kerik, 356 F.3d 197 (2nd Cir., 2004)

U.S. v. Allen, 341 F.3d 870 (9th Cir., 2003)

3. POLITICAL PROTESTS AND PARADES

Burning the American Flag: Political Protest with Constitutional Protection  Parks & Recreation . Dec 1989. Vol. 24, Iss . 12; p. 17

Central Park Demonstration Might Destroy Great Lawn. Parks & Recreation .    NOV 2004. Vol. 39, Iss . 11

Preacher Too Loud for Commons. Parks & Recreation. Jul 2006. Vol. 41, Iss.7.

Gay Pride Message Not Accommodated In City Parade Organized By Private Association Parks & Recreation .  Sep 1995. Vol. 30, Iss . 9; P. 28

Free Speech and Public/Private Events . Parks & Recreation. Apr. 2006. Vol. 41, Iss.4.

4. PARK PERMITS

Special Event Fee Left Too Much Discretion To Licensing Official. Parks and Recreation. Jul 2005. Vol. 40, Iss. 7.

No Threat of Unconstitutional Censorship In Park Permit Ordinance. Parks and Recreation. Apr 2002. Vol. 37, Iss. 4.

"Pot Festival" Organizers Challenge City's Park Permit Ordinance. Parks and Recreation. Dec 2001. Vol. 36, Iss. 12.

5. ACCESS TO PUBLIC PARKS AND PLACES

Can Towns Restrict Public Park Access To Residents And Their Guests?. Parks & Recreation .    Oct 2001. Vol. 36, Iss. 10

Field Use Policy Favored Residents  Parks & Recreation. May. 2008. Vol. 43, Iss.5.

Motorcyclist Claims First Amendment Right To Ride Through County Park  Parks & Recreation .    Aug 1995. Vol. 30, Iss . 8; P. 25

Equestrians Allege Park Horseback Riding Regulation Unconstitutional. Parks and Recreation. Mar 1993. Vol. 28, Iss. 3.

Angry Hockey Dad Fights Five Year Ban From City Arena. Parks and Recreation. Mar 2003. Vol. 38, Iss. 3.

Police Claim Authority to Ban Gambler from Park Indefinitely. Parks & Recreation .    Feb 2005. Vol. 40, Iss . 2

Unwritten Park Trespass Policy Unconstitutional . Parks & Recreation. Feb.. 2007. Vol. 42, Iss.2.

Molester Park Ban Constitutional Process. Parks & Recreation. Dec. 2005. Vol. 40, Iss. 12.

“Sexual Addict” Banned From Parks After “Cruising” For Kids. Parks & Recreation .  Oct 2004. Vol. 39, Iss . 10

6. CURFEW AND LOITERING LAWS

Court Upholds Juvenile Curfew Law. Parks & Recreation .    Jan 2000. Vol. 35, Iss . 1

Chicago Won't Stand for Loitering Criminal Street Gang “Loitering” Statute Unconstitutionally Vague. Parks and Recreation. Aug 1999. Vol. 34, Iss. 8; 36

Brother, Can You Spare a Dime? Panhandling in Public Parks and Places Parks and Recreation. Dec 1999. Vol. 34, Iss. 12; p. 34 (5 Pages).

Ordinance Prohibiting Nighttime Loitering in City Park Constitutional Parks and Recreation. Jan 1993. Vol. 28, Iss. 1.

Gresham v. Peterson et al, 225 F.3d 899 (7th Cir., 2000)

Hodgkins v. Peterson, No. 01-4115 (7th Cir. 1/22/2004) (7th Cir., 2004)

7. NUDITY IN PUBLIC PLACES

Sunbather Gives City the Shirt off Her Back to Test Nudity Ban in Parks Parks & Recreation . Jul 1991. Vol. 26, Iss . 7; p. 24

Does the Constitution Protect Nude Bathing at a Public Beach ? Parks & Recreation . May 1990. Vol. 25, Iss . 5; p. 16
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8. RELIGIOUS SYMBOLS IN PARKS AND PUBLIC PLACES

Latin Cross in Public Park Violates Federal and State Constitutions. Parks and Recreation. Jan 1999. Vol. 34, Iss. 1; 38 (7 Pages).

Religious Symbol a Snake In The Grass? Serpent Statue in City Park: Unconstitutional Religious Symbol? Parks and Recreation. Sep 1999. Vol. 34, Iss. 9; p. 50 

Supreme Court Split on Public Display of Ten Commandments. Parks and Recreation. Sep 2005. Vol. 40, Iss. 9.

Eagles Ten Commandments Park Monument Fails “Lemon” Test. Parks and Recreation. May 2004. Vol. 39, Iss. 5.

Establishment Clause Violation Persists Despite Sale of Park Statue. Parks and Recreation. Jun 2000. Vol. 35, Iss. 6.

Constitutional Fence for a Monumental Controversy? Parks and Recreation. Apr 2005. Vol. 40, Iss. 4.

Constitution Bans Religious Effect in Public Holiday Displays Parks & Recreation . Oct 1989. Vol. 24, Iss . 10; p. 20

Religious Message Excluded From Christmas Displays In Park. Parks and Recreation. Jul 2004. Vol. 39, Iss. 7.

"Unattended Structures" Ban Includes Nativity Scene On Town Green. Parks and Recreation. Feb 2002. Vol. 37, Iss. 2.

Menorah In City Park: Unconstitutional Exception To Ban On Private Park Displays. Parks and Recreation. Mar 1997. Vol. 32, Iss. 3; p. 40 

Kreisner v. City of San Diego, 1 F.3d 775 (C.A.9 (Cal.), 1993)

10. USE OF PUBLIC FACILITIES BY RELIGIOUS GROUPS

No Home For Homeschooling at the Rec Center. Parks and Recreation. Dec 2003. Vol. 38, Iss. 12.

Bible Youth Group Excluded From School Open For Community Use. Parks and Recreation. Aug 2001. Vol. 36, Iss. 8.

City Policy Ban on Religious Film in Senior Center Unconstitutional. Parks and Recreation. Dec 1996. Vol. 31, Iss. 12; 33.

11. RELIGION AND FUND RAISING

Park Buy-A-Brick Fundraiser Hits a Constitutional Wall. Parks and Recreation. Aug 2004. Vol. 39, Iss. 8.

First Amendment Dilemma: Civic Event Fund Discriminated Against Prayer Day Parks and Recreation. Sep 2000. Vol. 35, Iss. 9.

School Refuses To Post Ten Commandments Advertisement On Ballfield Fence. Parks and Recreation. Feb 2000. Vol. 35, Iss. 2.

12. RELIGION AND SPORT ACTIVITIES

Religious Freedom Constitutional Challenge to Sports Program Rule Parks & Recreation. Jul 1990. Vol. 25, Iss. 7; p. 23 .

Basketball Prayer Tradition Unconstitutional. Parks and Recreation. Sep 1996. Vol. 31, Iss. 9; 41.

School's Alcohol-Abuse Policy Withstands Constitutional Challenge. Parks and Recreation. May 1999. Vol. 34, Iss. 5; 48.

County Dress Code Ruled Unconstitutional. Parks and Recreation. Aug 2002. Vol. 37, Iss. 8.

Is a Politically Correct Code of Conduct Too Idealistic for the First Amendment? Parks and Recreation. May 2002. Vol. 37, Iss. 5.

Challenged Dress Code Prohibited Clothing with Offensive Illustrations. Parks and Recreation. May 2001. Vol. 36, Iss. 5.

14. FREE SPEECH IN THE WORKPLACE

Unconstitutional Retaliation Against Employee's Free Speech? Parks and Recreation. Mar 2001. Vol. 36, Iss. 3.

Director Fired After Critical E-Mail. Parks & Recreation. Feb. 2008. Vol. 43, Iss.2.

15. DRUG TESTING

Supreme Court: Random Drug Testing Constitutional Without Identifiable Drug Problem. Parks and Recreation. Oct 2002.

Random Drug Testing Requires Identifiable Drug Abuse Problem. Parks and Recreation. Jul 2001. Vol. 36, Iss. 7.

Questioning the Constitutionality of Drug Tests Constitutionality of Drug Test Requirement for Athletes? Parks and Recreation. Feb 1999. Vol. 34, Iss. 2; p. 32