First Amendment (From Sexual Orientation and the Law, P 9.1- 9.52, 1987, Roberta Achtenberg, ed. -- See NCJ-117686)

• NCJ Number: 117687
• Author(s): M C Dunlap; J Gomez; M Perdue
• Date Published: 1987
• Length: 52 pages
• Sale Source: Clark Boardman Company, Ltd
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

This discussion traces the development of First Amendment rights law in cases involving homosexuals and offers lawyers some analytical and logistical guidelines in recognizing and handling First Amendment issues on behalf of one or more lesbian or gay clients.

Abstract

The discussion emphasizes that First Amendment guarantees have generally been successfully invoked to vindicate the rights of lesbians and gay males to engage in a variety of activities, including demonstrations and marches, political testimony and statements to the news media about the rights of lesbians and gays, and the use of symbolic speech and expressive conduct. It also details freedoms of speech and expression in general and in relation to student organizations and situations, public forums, publications, incorporation, liquor licenses, and public employees. Additional sections focus on freedoms of association and assembly, freedom of the press, free exercise of religion, privacy, equal protection, and due process. Further sections present litigation strategies, with emphasis on invoking First Amendment issues and countering arguments that undermine lesbian and gay First Amendment interests. Footnotes containing case citations.