Search Results

The United Nations Human Rights Council: Issues for Congress
This report provides historical background of the Council, including the role of the previous Commission. It discusses the Council's current mandate and structures, as well as U.S. policy and congressional actions. Finally, it highlights possible policy issues for the 112th Congress, including the overall effectiveness of the Council in addressing human rights, implications for U.S. membership, and U.S. financial contributions to the Council.
The United Nations Human Rights Council: Issues for Congress
This report provides historical background of the the United Nations (UN) Human Rights Council, including the role of the previous Commission. It discusses the Council's current mandate and structures, as well as U.S. policy and congressional actions. Finally, it highlights possible policy issues for the 112th Congress, including the overall effectiveness of the Council in addressing human rights, implications for U.S. membership, and U.S. financial contributions to the Council.
The United Nations Human Rights Council: Issues for Congress
No Description Available.
Free Exercise of Religion by Secular Organizations and Their Owners: Implications for the Affordable Care Act (ACA)
This report examines the constitutional and statutory protections related to free exercise of religion, including current Supreme Court interpretations, as well as judicial and legislative avoidance of defining the parameters of religious belief. It also discusses significant examples of existing religious exemptions in current law, such as employment nondiscrimination, health care, and public accommodations law. Finally, it analyzes recent federal judicial decisions that have considered the religious freedom rights of commercial entities whose owners have religious objections to the contraceptive coverage requirement.
Legal Analysis of Religious Exemptions for Photo Identification Requirements
This report analyzes the legal issues associated with religious exemptions to photo identification laws. Although no lawsuits appear to have challenged federal laws with photo requirements, state photo identification laws have been challenged for several decades.
Legal Standing Under the First Amendment's Establishment Clause
This report analyzes the constitutional issues associated with standing (a restraint on the power of federal courts to render decisions), specifically related to cases arising under the Establishment Clause of the First Amendment regarding religion. It provides a background on the doctrine of standing, including the U.S. Supreme Court's interpretation of various types of standing: standing to sue as a citizen, as a taxpayer, and on behalf of another party. It also examines the current standing rules related to the Establishment Clause.
Legal Standing Under the First Amendment's Establishment Clause
This report analyzes the constitutional issues associated with standing, specifically related to cases arising under the Establishment Clause. It provides a background on the doctrine of standing, including the U.S. Supreme Court's interpretation of various types of standing, including standing to sue as a citizen, as a taxpayer, and on behalf of another party.
Congress and U.S. Policy on North Korean Human Rights and Refugees: Recent Legislation and Implementation
This report discusses U.S. policy and legislation in response to Pyongyang's human rights record. North Korea's systematic violation of its citizens' human rights and the plight of North Koreans trying to escape their country have been well documented in multiple reports issued by governments and other international bodies.
Congress and U.S. Policy on North Korean Human Rights and Refugees: Recent Legislation and Implementation
The passage of the reauthorization of the North Korean Human Rights Act in October 2008 reasserted congressional interest in influencing the Bush Administration's policy toward North Korea. In addition to reauthorizing funding at original levels, the bill expresses congressional criticism of the implementation of the original 2004 law and adjusts some of the provisions relating to the Special Envoy on Human Rights in North Korea and the U.S. resettlement of North Korean refugees. Some outside analysts have pointed to the challenges of highlighting North Korea's human rights violations in the midst of the ongoing nuclear negotiations, as well as the difficulty in effectively reaching North Korean refugees as outlined in the law. Further, the law may complicate coordination on North Korea with China and South Korea.
Congressional Authority to Regulate Firearms: A Legal Overview
Courts have been confronted with the question of whether federal laws can be applied to intrastate possession and intrastate transfers of firearms, or whether such application exceeds the authority of Congress. This report explores these cases and how courts have analyzed these as-applied challenges under the Supreme Court's Commerce Clause jurisprudence primarily set forth in United States v. Lopez.
No Second Amendment Cases for the Supreme Court's 2014-2015 Term...Yet
This report discusses the reluctance by the Supreme Court to take cases involving the Second Amendment. Commentators have observed that the Court appears to have become "gun shy" regarding this issue, given that it has not taken up a Second Amendment case since its landmark rulings in District of Columbia v. Heller in 2008 and McDonald v. City of Chicago in 2010.
Constitutionality of Applying the FCC's Indecency Restriction to Cable Television
Various federal officials have spoken in favor of extending the Federal Communication Commission’s indecency restriction, which currently applies to broadcast television and radio, to cable and satellite television. This report examines whether such an extension would violate the First Amendment’s guarantee of freedom of speech.
Freedom of Speech and Press: Exceptions to the First Amendment
This report provides an overview of the major exceptions to the First Amendment - of the ways that the Supreme Court has interpreted the guarantee of freedom of speech and press to provide no protection or only limited protection for some types of speech. For example, the Court has decided that the First Amendment provides no protection to obscenity, child pornography, or speech that constitutes "advocacy of the use of force or of law violation ... where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action."
Freedom of Speech and Press: Exceptions to the First Amendment
This report provides an overview of the major exceptions to the First Amendment, i.e., of the ways that the Supreme Court has interpreted the guarantee of freedom of speech and press to provide no protection or only limited protection for some types of speech.
Freedom of Speech and Press: Exceptions to the First Amendment
The First Amendment to the United States Constitution provides that “Congress shall make no law . . . abridging the freedom of speech, or of the press. . . .” This language restricts government both more and less than it would if it were applied literally. It restricts government more in that it applies not only to Congress, but to all branches of the federal government, and to all branches of state and local government. It restricts government less in that it provides no protection to some types of speech and only limited protection to others. This report provides an overview of the major exceptions to the First Amendment — of the ways that the Supreme Court has interpreted the guarantee of freedom of speech and press to provide no protection or only limited protection for some types of speech.
Freedom of Speech and Press: Exceptions to the First Amendment
The First Amendment to the United States Constitution provides that “Congress shall make no law... abridging the freedom of speech, or of the press....” This language restricts government both more and less than it would if it were applied literally. It restricts government more in that it applies not only to Congress, but to all branches of the federal government, and to all branches of state and local government. It restricts government less in that it provides no protection to some types of speech and only limited protection to others. This report provides an overview of the major exceptions to the First Amendment — of the ways that the Supreme Court has interpreted the guarantee of freedom of speech and press to provide no protection or only limited protection for some types of speech.
Freedom of Speech and Press: Exceptions to the First Amendment
The First Amendment to the United States Constitution provides that “Congress shall make no law . . . abridging the freedom of speech, or of the press. . . .” This language restricts government both more and less than it would if it were applied literally. It restricts government more in that it applies not only to Congress, but to all branches of the federal government, and to all branches of state and local government. It restricts government less in that it provides no protection to some types of speech and only limited protection to others. This report provides an overview of the major exceptions to the First Amendment — of the ways that the Supreme Court has interpreted the guarantee of freedom of speech and press to provide no protection or only limited protection for some types of speech.
Freedom of Speech and Press: Exceptions to the First Amendment
The First Amendment to the United States Constitution provides that “Congress shall make no law . . . abridging the freedom of speech, or of the press. . . .” This language restricts government both more and less than it would if it were applied literally. It restricts government more in that it applies not only to Congress, but to all branches of the federal government, and to all branches of state and local government. It restricts government less in that it provides no protection to some types of speech and only limited protection to others. This report provides an overview of the major exceptions to the First Amendment — of the ways that the Supreme Court has interpreted the guarantee of freedom of speech and press to provide no protection or only limited protection for some types of speech.
Freedom of Speech and Press: Exceptions to the First Amendment
The First Amendment to the United States Constitution provides that “Congress shall make no law . . . abridging the freedom of speech, or of the press. . . .” This language restricts government both more and less than it would if it were applied literally. It restricts government more in that it applies not only to Congress, but to all branches of the federal government, and to all branches of state and local government. It restricts government less in that it provides no protection to some types of speech and only limited protection to others. This report provides an overview of the major exceptions to the First Amendment — of the ways that the Supreme Court has interpreted the guarantee of freedom of speech and press to provide no protection or only limited protection for some types of speech.
Freedom of Speech and Press: Exceptions to the First Amendment
The First Amendment to the United States Constitution provides that “Congress shall make no law . . . abridging the freedom of speech, or of the press. . . .” This language restricts government both more and less than it would if it were applied literally. It restricts government more in that it applies not only to Congress, but to all branches of the federal government, and to all branches of state and local government. It restricts government less in that it provides no protection to some types of speech and only limited protection to others. This report provides an overview of the major exceptions to the First Amendment – of the ways that the Supreme Court has interpreted the guarantee of freedom of speech and press to provide no protection or only limited protection for some types of speech.
Freedom of Speech and Press: Exceptions to the First Amendment
The First Amendment to the United States Constitution provides that “Congress shall make no law . . . abridging the freedom of speech, or of the press. . . .” This language restricts government both more and less than it would if it were applied literally. It restricts government more in that it applies not only to Congress, but to all branches of the federal government, and to all branches of state and local government. It restricts government less in that it provides no protection to some types of speech and only limited protection to others. This report provides an overview of the major exceptions to the First Amendment — of the ways that the Supreme Court has interpreted the guarantee of freedom of speech and press to provide no protection or only limited protection for some types of speech.
Judge Samuel Alito's Opinions in Freedom of Speech Cases
This report examines his major judicial opinions, both for the majority and in dissent, in freedom of speech cases. It also briefly discusses some cases in which he joined the opinion for the court but did not write it. This report examines Judge Alito’s free speech opinions by subject area.
Obscenity, Child Pornography, and Indecency: Recent Developments and Pending Issues
No Description Available.
Obscenity, Child Pornography, and Indecency: Recent Developments and Pending Issues
No Description Available.
Obscenity, Child Pornography, and Indecency: Recent Developments and Pending Issues
No Description Available.
Obscenity, Child Pornography, and Indecency: Recent Developments and Pending Issues
No Description Available.
Obscenity, Child Pornography, and Indecency: Recent Developments and Pending Issues
No Description Available.
Obscenity, Child Pornography, and Indecency: Recent Developments and Pending Issues
No Description Available.
Obscenity, Child Pornography, and Indecency: Recent Developments and Pending Issues
No Description Available.
Obscenity, Child Pornography, and Indecency: Recent Developments and Pending Issues
No Description Available.
Restrictions on Minors' Access to Material on the Internet
No Description Available.
The "Son of Sam" Case: Legislative Implications
In Simon & Schuster, Inc. v. Members of the new York State Crime Victims Board, the U.S. Supreme Court held that New York State's "Son of Sam" law was inconsistent with the First Amendment's guarantee of freedom of speech and press. This report examines the Supreme Court decision and then considers whether its rationale renders the federal law unconstitutional. Concluding that it likely does, the report considers whether it would be possible to enact a constitutional Son-of-Sam statute. Finally, the report takes note of some state Son-of-Sam statutes that have been enacted since the Supreme Court decision.
Tobacco Advertising: The Constitutionality of Limiting its Tax Deductibility
No Description Available.
Tobacco Advertising: Whether the FDA's Restrictions Violate Freedom of Speech
No Description Available.
Tobacco Marketing and Advertising Restrictions in S. 1415, 105th Congress: First Amendment Issues
No Description Available.
Tobacco Marketing and Advertising Restrictions in S. 1648, 105th Congress: First Amendment Issues
No Description Available.
Citizen Control Over Records Held by Third Parties
The United States has become an information society. Government at every level and private industry have been collecting and using more personal information about individuals in the last several years than ever before. The Congress has been aware of this trend, and of the potencia1 for misuse of the information so collected; it has enacted several laws that protect the personal privacy of individuals, and respect the confidentiality of the information maintained about individuals by third parties. In this report, several privacy laws are summarized, and key provisions of each are compared, in order to make individual citizens aware of their rights , responsibilities and remedies under the law.
Military Base Closures: Socioeconomic Impacts
This report provides background on military base closures and an analysis of community economic impacts, planning for economic redevelopment, and environmental cleanup following closures. The most recent Base Realignment and Closure (BRAC) Commission rejected 13 of the initial Department of Defense recommendations, significantly modified the recommendations for 13 other installations, and approved 22 major closures.
Arrest and Detention of Material Witnesses and the USA PATRIOT Act and Terrorism Reauthorization Act (H.R. 3199): A Sketch
Section 12 of the USA PATRIOT and Terrorism Prevention Reauthorization Act (H.R. 3199), as reported by the House Judiciary Committee, directed the Department of Justice to review the detention of individuals under the federal material witness statute, including their length of detention], conditions of access to counsel, frequency of access to counsel, offense at issue, and frequency of appearance before a grand jury. This report illustrates the level of controversy easily generated by material witness statutes.
Arrest and Detention of Material Witnesses: Federal Law In Brief and Section 12 of the USA PATRIOT and Terrorism Prevention Reauthorization Act (H.R. 3199)
This report is an overview of the law under the federal material witness statute which authorizes the arrest of material witnesses, permits their release under essentially the same bail laws that apply to federal criminal defendants, but favors their release after their depositions have taken. A list of citations to comparable state statutes and a bibliography of law review articles and notes are appended.
Federal Habeas Corpus: A Brief Legal Overview
This report discusses Federal habeas corpus, which is a procedure under which a federal court may review the legality of an individual’s incarceration. It is most often the stage of the criminal appellate process that follows direct appeal and any available state collateral review.
Federal Habeas Corpus: An Abridged Sketch
This report discusses federal habeas corpus, which is a procedure under which a federal court may review the legality of an individual’s incarceration. It is most often invoked after conviction and the exhaustion of the ordinary means of appeal. It is at once the last refuge of scoundrels and the last hope of the innocent. It is an intricate weave of statute and case law whose reach has flowed and ebbed over time.
Habeas Corpus Legislation in the 111th Congress
This report is a brief overview of the recommendations from the Constitution Subcommittee of the House Committee on the Judiciary and legislative proposals on habeas review.
National Security Letters in Foreign Intelligence Investigations: A Glimpse at the Legal Background
This report discusses the USA PATRIOT Act (107-56) and its expanded authority to issue national security letters (NSLs). A report by the Department of Justice's Inspector General (IG) found that in its pre-amendment use of expanded USA PATRIOT Act authority the FBI had "used NSLs in violation of applicable NSL statutes, Attorney General Guidelines, and internal FBI policies," but that no criminal laws had been broken.
National Security Letters in Foreign Intelligence Investigations: A Glimpse at the Legal Background
This report discusses the USA PATRIOT Act (107-56) and its expanded authority to issue national security letters (NSLs). A report by the Department of Justice's Inspector General (IG) found that in its pre-amendment use of expanded USA PATRIOT Act authority the FBI had "used NSLs in violation of applicable NSL statutes, Attorney General Guidelines, and internal FBI policies," but that no criminal laws had been broken.
National Security Letters in Foreign Intelligence Investigations: A Glimpse of the Legal Background and Recent Amendments
This report discusses the USA PATRIOT Act, which expanded the authority of four national security letter (NSL) statutes and created a fifth, and the USA PATRIOT Improvement and Reauthorization Act that amended the previous legislation. This is an abridged version of CRS Report RL33320, "National Security Letters in Foreign Intelligence Investigations: Legal Background and Recent Amendments".
National Security Letters in Foreign Intelligence Investigations: Legal Background and Recent Amendments
This report discusses the USA PATRIOT Act, which expanded the authority of four national security letter (NSL) statutes and created a fifth, and the USA PATRIOT Improvement and Reauthorization Act that amended the previous legislation.
Privacy: An Abridged Overview of the Electronic Communications Privacy Act
Report that provides an overview of federal law governing wiretapping and electronic eavesdropping under the Electronic Communications Privacy Act (ECPA).
Privacy: An Abridged Overview of the Electronic Communications Privacy Act
This report provides an overview of federal law governing wiretapping and electronic eavesdropping under the Electronic Communications Privacy Act (ECPA).
Privacy: An Overview of the Electronic Communications Privacy Act
Report that provides an overview of federal law governing wiretapping and electronic eavesdropping under the Electronic Communications Privacy Act (ECPA). It also appends citations to state law in the area and the text of ECPA.
Back to Top of Screen