Search PubMed⌕ Search

SEARCH · Search PubMed

Results for “First Amendment”

Search indexed PubMed citations on genomics, clinical trials, systematic reviews and public health. Explore titles, authors and supplied subject terms, then open the PubMed record.

Quote a phrase for an exact phrase match. Source license links do not imply unrestricted reuse.

At least 91 records · Page 5Linked to original sources

Swallowing the scroll: legal implications of the recent Supreme Court peyote cases.

Two cases decided by the United States Supreme Court in the past two years, with the same factual bases and involving the religious use of peyote by Native American Church members, are described and analyzed. In 1990 the Supreme Court ruled that states may prohibit the use of peyote for religious purposes. These cases are examined by applying traditional equal-protection and First Amendment religious liberty analyses as well as by traditional Western interpretations of sacrament. The Supreme Court now has established a legal precendent running contrary to previous lower court cases that has implications for the religious use of peyote, specifically, and for nontraditional use of sacramental drugs, generally.

Cultural Characteristics↗

Religious and philosophical exemptions from vaccination requirements and lessons learned from conscientious objectors from conscription.

All jurisdictions in the US require proof of vaccination for school entrance. Most states permit non-medical exemptions. Public health officials must balance the rights of individuals to choose whether or not to vaccinate their children with the individual and societal risks associated with choosing not to vaccinate (i.e., claiming an exemption). To assist the public health community in optimally reaching this balance, this analysis examines the constitutional basis of non-medical exemptions and examines policies governing conscientious objection to conscription as a possible model. The jurisprudence that the US Supreme Court has developed in cases in which religious beliefs conflict with public or state interests suggests that mandatory immunization against dangerous diseases does not violate the First Amendment right to free exercise of religion. Accordingly, states do not have a constitutional obligation to enact religious exemptions. Applying the model of conscientious objectors to conscription suggests that if states choose to offer nonmedical exemptions, they may be able to optimally balance individual freedoms with public good by considering the sincerity of beliefs and requiring parents considering exemptions to attend individual educational counseling.

Adult↗

Is free speech free in the nursing profession?

The nursing profession is a helping one. However, a desire to "help" by speaking on an issue of concern may result in a lawsuit. In many such cases, the "helper" invokes free speech protection through the Constitution. Nurse administrators have been involved both as plaintiffs and defendants. An understanding of First Amendment free speech protection is vital to nurse administrators in determining whether their own speech is protected and in handling situations in which the nurses they supervise have spoken. The author discusses relevant cases and suggests ways in which nurse administrators can evaluate situations in which they become involved.

Female↗

Consumer health education and the problem of television.

The ubiquity of television and its ability to reach low income people make it an attractive medium for health education. However, its present influence on health is largely negative due to misleading or inaccurate commercials and program material. Efforts to provide accurate health information on television are difficult because of the financial structure of the industry, a mutual suspicion of health and television people toward each other, and possible legal entanglements involving constitutional issues. This paper suggests four ways which health people should consider in seeking to influence commercial television. None involve legislation, none threaten First Amendment guarantees, and none threaten the profit structure of the industry.

Advertising↗

Fake abortion clinics: the threat to reproductive self-determination.

The establishment of "fake abortion clinics" poses a great threat to women's ability to make free and informed procreative decisions. Such clinics intentionally deceive pregnant women into believing that they provide a full range of women's health services when, in reality, they provide only a pregnancy test, accompanied by intense anti-abortion propaganda. Because fake abortion clinics threaten women's interests in "privacy" and decisional autonomy, state attorneys general should challenge them under deceptive business practice statutes. Successful challenges can be brought without violating anti-abortion groups' First Amendment rights.

Abortion, Legal↗

Lesbian and gay rights as a free speech issue: a review of relevant caselaw.

The legal struggles waged by lesbian and gay male litigants almost invariably involve issues of freedom of expression, broadly construed. To illustrate this point, a wide array of caselaw is examined--ranging from classic "access to a forum" controversies to those concerning symbolic conduct and freedom of association (including marriage and child custody law), employment discrimination, and proscriptions against deviant sexual conduct. In each category, claims to a right of freedom of expression are manifested. Cautionary notes are offered concerning those cases in which gay litigants try to protect their rights by inhibiting the speech of others. A brief concluding section assesses the long-term and short-term efficacy of raising First Amendment arguments (as opposed to privacy or equal protection arguments) in lesbian/gay male litigation.

Adult↗

What they didn't know may have helped us: how the Supreme Court misinterpreted the role of sign language interpreters.

In Zobrest v. Catalina Foothills School District (1993), the Supreme Court ruled that using state monies to pay for a sign language interpreter's services in a parochial school setting did not violate the Establishment Clause. That decision was based on a flawed reading of the role played by sign language interpreters and the implications of that role within the rubric of traditional First Amendment jurisprudence. This article explores why the interpreter's role is constitutionally significant. It then contrasts the two competing models set before the Court, the mechanical model and the full participant model. After finding that the latter model is the more accurate depiction of the interpreter's role, the article examines several unique features of interpreting between spoken and spatial languages that suggest a more sophisticated Court would have ruled against the Zobrests.

Deafness↗

Mum's the word: the Supreme Court and family planning.

On May 23, 1991, the US Supreme Court upheld federal regulations that prohibit federally funded family planning programs from counseling about or referring for abortion. As a result, government benefits may now entail substantial costs. The regulations changed the nature of government-assisted family planning from comprehensive care and counseling to limited services and government-prescribed information. The reasoning in Rust v Sullivan allows government to limit freedom of speech in federally funded programs. The decision may have been influenced by antiabortion sentiment, but it does not affect the legality of abortion. Instead, it sets a precedent for government control of whether and how health care can be discussed wherever government pays some of the bills.

Abortion, Legal↗

Immunity from criminal prosecution for parents who withhold medically necessary treatment from children on religious grounds.

Because child endangerment laws and their judicial interpretation are different in each state, healthcare providers should familiarize themselves with the law in their particular jurisdiction. In situations in which parents refuse on religious grounds to consent to medical treatment for their children, health care providers should consult local counsel as to the legal options available.

Child↗

German law: the differences.

Medical device regulations in Germany are changing. The first amendment of the Medical Device Law, the MPG, is in preparation. Four decrees on medical devices are also being discussed by the Bundesrat, the Federal Council. This article summarizes what manufacturers, distributors and users should know about the German device regulations.

Clinical Trials as Topic↗

Donaldson v. Van de Kamp: cryonics, assisted suicide, and the challenges of medical science.

In recent years, advances in medical science have left the legal community with a wide array of social, ethical, and legal problems previously unimaginable. Historically, legislative and judicial responses to these advances lagged behind the rapid pace of such developments. The gap between the scientist's question, "Can we do it?," and the lawyer's question, "Should/may we do it?'" is most evident in the field of cryonics, with its technique of cryonic, or cryogenic, suspension. In cryonic suspension, a legally dead but biologically viable person is preserved at an extremely low temperature until advances in medical science make it possible to revive the person and implement an effective cure. The terminally ill patient who wishes to benefit from such treatment is faced with the dilemma that present life must be ceased with hope of future recovery. As a result, the process challenges our traditional notions of death and the prospects of immortality while raising a host of concomitant legal dilemmas. Some facets of this dilemma are exemplified by Donaldson v. Van de Kamp. In Donaldson, Thomas A. Donaldson sought the declaration of a constitutional right to premortem cryonic suspension of his body and the assistance of others in achieving that state. Donaldson, a forty-six-year-old mathematician and computer software scientist, suffers from a malignant brain tumor that was diagnosed by his physicians in 1988. This tumor is inoperable and continues to grow and invade his brain tissue. Donaldson's condition will gradually deteriorate into a persistent vegetative state and will ultimately result in death. Physicians predict his probable death by August 1993. Donaldson petitioned the California courts, seeking a declaration that he had a constitutional right to achieve cryonic suspension before his natural death. His doctors believe that if Donaldson waits until his natural death to be suspended, future reanimation will be futile because the tumor will have destroyed his brain. In addition, Donaldson's doctors sought an injunction against criminal prosecution for their participation in the suspension, because Donaldson, once suspended, would be considered "dead" under California law. Donaldson and his doctors built their novel argument upon the recent right-to-die cases in which the courts recognized a patient's right to have life-sustaining medical treatment withdrawn. Donaldson argued that his right to privacy and self-determination is paramount to any state interest in maintaining life. Thus, according to Donaldson, balancing the state's reasons to end--or "interrupt," as cryonics enthusiasts would have it--his own life was not necessary. The trial court dismissed the complaint for failure to state a cause of action, and Donaldson appealed to the California Court of Appeals. Because the cryonic process would necessarily involve physician-assisted death, or the aiding, advising, or encouraging of another to commit suicide, the appellate court affirmed the ruling of the trial court, holding that Donaldson did not have a constitutional right to assisted death. Additionally, in light of Donaldson's First Amendment challenge to the statute, the court upheld the criminal statute prohibiting the aiding, advising, or encouraging of another to commit suicide. This Note briefly discusses the process of cryonic suspension and explores the holding of Donaldson in light of the underlying rationale of the California right-to-die cases. Considering the contradictory state and individual interests balanced in the right-to-die cases, this Note concludes that, under a similar balancing test, premortem cryonic suspension could be permitted under certain circumstances; however, the right to premortem cryonic suspension may be more effectively recognized through legislation.

California↗

Trouble in Vineville: church property and the civil courts.

During the past century the U.S. Supreme COurt has developed a "deference" approach to resolving church property disputes in civil courts. This approach requires a civil court to defer to the decisions of the appropriate superior body in a hierarchical church, absent allegations of fraud or collusion by the church. In the late 1970s, a parallel approach developed, whereby a civil court may resolve church property disputes by applying neutral principles of property law. Insofar as the property documents contain express assertions of church law to be applied in disputes, those laws will be followed. If the church documents are silent, the civil court will not have recourse to other church documents but will decide the matter for itself. This, of course, could result in the civil court deciding contrary to the church tribunal. Both the deference approach and the neutral-principles approach satisfy the demands of the First Amendment because neither, the Supreme Court has said, interferes with the free exercise of religion nor unduly establishes a religion. A strong four-justice dissent in a recent decision may, however, signal trouble ahead for the neutral-principles approach.

Civil Rights↗

Alcohol and Cigarette Advertising: A Legal Primer.

Legal precedent for the regulation of commercial speech makes clear that the First Amendment does not prohibit government control of alcohol and cigarette advertising. A review of federal legislation suggests that the problem lies with the political process rather than with constitutional prohibition.

Journal Article↗

Stalking in cyberspace.

The Internet has revolutionized communication on a global level while creating a medium for stalking. Cyberstalking has emerged as a new form of stalking behavior. While 10 states have passed laws against electronic harassment, there has been great debate about whether electronic stalking constitutes criminal behavior or whether a perpetrator is entitled First Amendment protection. In the psychiatric literature to date, there are no studies of cyberstalking. This article focuses on relevant cases of stalking on the Internet. Specific legal issues associated with cyberstalking, such as boundary laws and freedom of speech, are examined. The psychological profile of the cyberstalker, as well as methods of intervention, are discussed.

Aggression↗

No excuses: televised pornography harms children.

All youngsters are at some risk from exposure to televised pornography, as described above. At particular risk for harm, however, are the most vulnerable children in our society--children in single-parent homes, children with mental and emotional disturbances, mentally challenged children, children who have been physically and/or sexually abused, and children in dysfunctional families. Youngsters for whom television serves as a babysitter or parental surrogate unfortunately are exposed to few competing influences to television viewing. In addition, parents in such homes are least likely to know what their children are viewing and to be able to pass on their own values about sex and sexual behavior. The main possible effects of televised pornography that must concern us as clinicians, educators, and parents are modeling and imitation of language heard and behaviors observed in televised pornography; negative interference with children's normal sexual development; emotional reactions such as nightmares and feelings of anxiety, guilt, confusion, and/or shame; stimulation of premature sexual activity; development of unrealistic, misleading, and/or harmful attitudes toward sex and adult male-female relationships; and undermining of family values with resultant conflict between parents and children. Much more research is clearly needed on this topic. Because of the ethical and procedural problems surrounding research on children exposed to pornography, ideal research designs may never be possible. Nonetheless, we hope that this article will stimulate further discussion and work. To devise public policy that protects children from potentially harmful material while at the same time respecting the media's First Amendment rights, such public discourse and responsible research are essential.

Adolescent↗