Patrick M. Garry

University of South Dakota - School of Law

414 E. Clark Street

Vermillion, SD 57069

United States

SCHOLARLY PAPERS

93

DOWNLOADS
Rank 8,786

SSRN RANKINGS

Top 8,786

in Total Papers Downloads

9,690

SSRN CITATIONS
Rank 38,824

SSRN RANKINGS

Top 38,824

in Total Papers Citations

14

CROSSREF CITATIONS

10

Scholarly Papers (93)

1.

The Myth of Separation: America's Historical Experience with Church And State

Hofstra Law Review, Vol. 33, No. 2, 2004
Number of pages: 19 Posted: 01 Jun 2008
Patrick M. Garry
University of South Dakota - School of Law
Downloads 619 (80,374)

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First Amendment, Establishment Clause, Thomas Jefferson, Wall of Separation, Separation of Church and State, Constitutional Framers

2.

The Post-WWI Red Scare and the Effect on Civil Liberties

Number of pages: 2 Posted: 12 Jul 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 517 (101,183)

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civil liberties, Red Scare, WWI, The Espionage Act of 1917, Sedition Act of 1918

3.

Judicial Review and the 'Hard Look' Doctrine

Nevada Law Review, Vol. 7, No. 1, 2006
Number of pages: 20 Posted: 10 Nov 2007
Patrick M. Garry
University of South Dakota - School of Law
Downloads 467 (113,889)

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Judicial Review, Hard Look Doctrine, Administrative Law, Capture Theory, APA, Administrative Procedure Act

4.

Captive Audience Doctrine in First Amendment Jurisprudence

Number of pages: 3 Posted: 20 Jun 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 445 (121,165)

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First Amendment, offensive speech, captive audience doctrine

5.

The Second Amendment as a Guard Against Government-Sanctioned Tyrannous Factions

Liberty & Law Center Research Paper No. 20-06
Number of pages: 20 Posted: 16 Oct 2020 Last Revised: 28 Oct 2020
Patrick M. Garry
University of South Dakota - School of Law
Downloads 418 (129,624)

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Second Amendment, riots and looting, Summer 2020, self-defense, law and order, individual right

6.

The Effectiveness of Media Rating Systems in Preventing Children's Exposure to Violent and Sexually Explicit Media Content: An Empirical Study

Oklahoma City University Law Review, Vol. 32, No. 2, 2007
Number of pages: 22 Posted: 01 Jun 2008
Patrick M. Garry and Candice Spurlin
University of South Dakota - School of Law and University of South Dakota Law School
Downloads 321 (173,676)

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First Amendment, Freedom of Speech, Media content, Media rating system, Media self-regulation, Children, Electronic entertainment

7.

The Irrationality of Shareholder Class Action Lawsuits: A Proposal for Reform

South Dakota Law Review, Vol. 49, No. 2, 2004
Number of pages: 38 Posted: 09 Nov 2007
University of South Dakota - School of Law, University of South Dakota Law School, affiliation not provided to SSRN, affiliation not provided to SSRN and affiliation not provided to SSRN
Downloads 266 (210,926)

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Shareholder Class Actions, Direct Actions, Derivative Actions, Shareholder Reform, Corporations, SEC, Private Securities Litigation Reform Act

8.

Does Filtering Stop the Flow of Valuable Information?: A Case Study of the Children's Internet Protection Act (CIPA) in South Dakota

South Dakota Law Review, Vol. 54, No. 1, 2009
Number of pages: 8 Posted: 27 Mar 2009
Candice Spurlin and Patrick M. Garry
University of South Dakota Law School and University of South Dakota - School of Law
Downloads 260 (215,742)
Citation 1

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9.

Accommodating the Administrative State: The Interrelationship between the Chevron and Nondelegation

Arizona State Law Journal, Vol. 38, No. 4, 2006
Number of pages: 39 Posted: 29 Sep 2007
Patrick M. Garry
University of South Dakota - School of Law
Downloads 252 (222,599)

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Administrative law, Administrative state, Nondelegation doctrine, Chevron doctrine, Separation of powers, New Deal

10.

A New First Amendment Model for Evaluating Content-Based Regulation of Internet Pornography: Revising the Strict Scrutiny Model to Better Reflect the Realities of the Modern Media Age

Brigham Young University Law Review, No. 6, 2007
Number of pages: 26 Posted: 03 Apr 2008
Patrick M. Garry
University of South Dakota - School of Law
Downloads 236 (237,343)

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Freedom of Speech, Media Programming, Content-based regulation, Children, Obscenity, Censorship, Internet, Pornography

11.

History of the 1889 South Dakota Constitution

South Dakota Law Review, Vol. 59, No. 1, 2014
Number of pages: 21 Posted: 22 May 2014
Patrick M. Garry and Candice Spurlin
University of South Dakota - School of Law and University of South Dakota Law School
Downloads 229 (245,297)

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South Dakota Constitution, History of South Dakota Constitution, 3 Constitutional Conventions, Ratification of South Dakota Constitution

12.

Anonymous Sources, Libel Law, and the First Amendment

Temple Law Review, Vol. 78, No. 3, 2005
Number of pages: 28 Posted: 03 Nov 2007
Patrick M. Garry
University of South Dakota - School of Law
Downloads 227 (246,359)

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First Amendment, Libel, Anonymous Sources, Confidential Sources, Media, Fourth Estate Theory

13.

Motor Vehicle Manufacturers Association v. State Farm Mutual Automobile Insurance Co: Hard Look Review of Agency Actions

Number of pages: 2 Posted: 27 Jun 2013 Last Revised: 22 Aug 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 203 (273,384)
Citation 6

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Reagan Administration, Department of Transportation, Hard look review

14.

Wind Energy in Indian Country: A Study of the Challenges and Opportunities Facing South Dakota Tribes

South Dakota Law Review, Vol. 54, No. 3, 2009
Number of pages: 12 Posted: 11 Sep 2009
Patrick M. Garry, Candice Spurlin and Derek Nelsen
University of South Dakota - School of Law, University of South Dakota Law School and affiliation not provided to SSRN
Downloads 150 (355,792)

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"wind energy", "Indian Country", tribes study, "tax credit", PTCs

15.

Defining Speech in an Entertainment Age: The Case of First Amendment Protection for Video Games

Southern Methodist University Law Review, Vol. 57, No. 1, 2004
Number of pages: 22 Posted: 09 Feb 2020
Patrick M. Garry
University of South Dakota - School of Law
Downloads 149 (357,736)

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First Amendment, Free Speech, Protected Speech, Low value Speech, Video Games

16.

Agostini v. Felton - The Court's Modification of the Lemon Test

Number of pages: 2 Posted: 28 Jun 2013 Last Revised: 08 Mar 2014
Patrick M. Garry
University of South Dakota - School of Law
Downloads 143 (369,767)

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First Amentment, Establishment clause, Lemon test, Religious schools, Parochial schools

17.

Religious Freedom Deserves More than Neutrality: The Constitutional Argument for Nonpreferential Favoritism of Religion

Florida Law Review, Vol. 57, No. 1, 2005
Number of pages: 52 Posted: 29 Sep 2007
Patrick M. Garry
University of South Dakota - School of Law
Downloads 131 (395,953)

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First Amendment, Religion Clause, Neutrality Doctrine, Establishment Clause, Free Exercise Clause, Nonpreferentialism, Accommodation Doctrine

18.

The First Amendment in a Time of Media Proliferation: Does Freedom of Speech Entail a Private Right to Censor?

University of Pittsburgh Law Review, Vol. 65, No. 2, 2004
Number of pages: 44 Posted: 18 Nov 2007
Patrick M. Garry
University of South Dakota - School of Law
Downloads 130 (398,343)

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First Amendment , Censorship, Right to Censor, Free Speech Clause, Media

19.

The Use and Success of Summary Judgment – Motions: A Case Study of Summary Judgment – Motion Practice in Minnehaha County

7 Liberty University Law Review 1, 2012
Number of pages: 13 Posted: 23 Jul 2013
Jaclyn Aberson, Patrick M. Garry, Candice Spurlin and John Garry
University of South Dakota Law School, University of South Dakota - School of Law, University of South Dakota Law School and University of South Dakota Law School
Downloads 121 (420,493)

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Hagemann Center for Legal and Public Policy Research, Summary judgment motions, Research study, Minnehaha County

20.

The Trouble with Confidential Sources: A Criticism of the Supreme Court's Interest-Group View of the First Amendment in Cohen v Cowles Media Co

Hastings Communications and Entertainment Law Journal, Vol. 14, No. 3, 1992
Number of pages: 19 Posted: 01 Jun 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 116 (434,033)

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First Amendment Press Clause, press, Confidential source, Branzburg, Cohen, Interest-view, First Amentment

Action for Children’s Television and the Regulation of Broadcast Indecency

John Vile, David Hudson Jr., David Schultz, ENCYCLOPEDIA OF THE FIRST AMENDMENT, CQ Press (2008)
Number of pages: 2 Posted: 15 Jun 2013 Last Revised: 08 Mar 2014
Patrick M. Garry
University of South Dakota - School of Law
Downloads 74 (593,464)

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indecent programming, FCC, Public Telecommunications Act, time channeling regulations

Action for Children’s Television and the Regulation of Broadcast Indecency

Number of pages: 2 Posted: 20 Jun 2013 Last Revised: 30 Aug 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 37 (815,540)
Citation 2

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22.

The Establishment Clause and the Making of a New Secularism: A Review Essay on Church, State and the Crisis in American Secularism by Bruce Ledewitz

Duquesne University Law Review, Vol. 51, No. 1, 2013
Number of pages: 12 Posted: 12 Apr 2013
Patrick M. Garry and John Garry
University of South Dakota - School of Law and University of South Dakota Law School
Downloads 109 (454,671)

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church and state

23.

Raising the Question of Whether Out-of-State Political Contributions May Affect a Small State’s Political Autonomy: A Case Study of the South Dakota Voter Referendum on Abortion

South Dakota Law Review, Vol. 55, No. 1, 2010
Number of pages: 13 Posted: 23 Mar 2010
Patrick M. Garry
University of South Dakota - School of Law
Downloads 106 (463,779)

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Campaign finance, Out-of-State Contributions, Federalism, Referendum, Abortion

24.

Liberty from on High: The Growing Reliance on a Centralized Judiciary to Protect Individual Liberty

Kentucky Law Journal, Vol. 95, No. 2, 2006-2007
Number of pages: 44 Posted: 27 Dec 2007
Patrick M. Garry
University of South Dakota - School of Law
Downloads 102 (476,655)

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Federalism, Separation of Powers, Political Process, Substantive Due Process, Individual Rights, Tenth Amendment, State Sovereign Immunity

25.

The Constitutional Lynchpin of Liberty in an Age of New Federalism: Replacing Substantive Due Process with the Right to Travel

Brandeis Law Journal, Vol. 45, No. 3, 2007
Number of pages: 26 Posted: 04 Nov 2007
Patrick M. Garry
University of South Dakota - School of Law
Downloads 99 (486,357)

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Substantive Due Process, Federalism, Individual Rights, Constitution, Right to Travel

26.

The Constitutional Relevance of the Employer-Sovereign Relationship: Examining the Due Process Rights of Government Employees in Light of the Public Employee Speech Doctrine

St. John's Law Review, Vol. 81, No. 4, 2007
Number of pages: 22 Posted: 20 Nov 2007
Patrick M. Garry
University of South Dakota - School of Law
Downloads 98 (489,656)

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Public Employee Speech Doctrine, Due Process Rights, Government Employees, Fifth Amendment, Constitution, Property Rights

27.

A Different Model for the Right to Privacy: The Political Question Doctrine as a Substitute for Substantive Due Process

University of Miami Law Review, Vol. 61, No. 1, 2006
Number of pages: 34 Posted: 01 Nov 2007
Patrick M. Garry
University of South Dakota - School of Law
Downloads 96 (496,248)

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Substantive Due Process, Individual Rights, Privacy, Justiciability

28.

Tribal Incorporation of First Amendment Norms: A Case Study of the Indian Tribes of South Dakota

South Dakota Law Review, Vol. 53, No. 2, 2008
Number of pages: 29 Posted: 16 May 2008
University of South Dakota - School of Law, University of South Dakota Law School, affiliation not provided to SSRN and affiliation not provided to SSRN
Downloads 94 (503,030)

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First Amendment, Indian Civil Rights Act, ICRA, Individual rights, Freedom of religion, Freedom of press, Freedom of assembly, Freedom of speech, South Dakota tribes, Tribal constitutions, Study

29.

Samuel Adams and the Foundations of the Fourth Amendment

Number of pages: 2 Posted: 13 Jul 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 92 (510,028)

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Samuel Adams, general warrants, unreasonable searches, Fourth Amendment

30.

The Democratic Aspect of the Establishment Clause: A Refutation of the Argument that the Clause Serves to Protect Religious or Nonreligious Minorities

Mercer Law Review, Vol. 59, No. 2, 2008
Number of pages: 31 Posted: 08 May 2008
Patrick M. Garry
University of South Dakota - School of Law
Downloads 90 (524,458)

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First Amendment, Establishment Clause, Free Exercise Clause, Religious minority, Religious majority, Constitution

31.

The Erosion of Common Law Privacy and Defamation: Reconsidering the Law's Balancing of Speech, Privacy, and Reputation

Wayne Law Review, Vol. 65, No. 2, 2020, p. 279-324
Number of pages: 46 Posted: 07 Dec 2020
Patrick M. Garry
University of South Dakota - School of Law
Downloads 86 (531,964)

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Common Law Torts, Privacy, Defamation, Media and Communications Law

32.

The 1885 and 1889 Constitutional Convention Debates

South Dakota Law Review, Vol. 59, No. 2, 2014
Number of pages: 21 Posted: 22 Nov 2014
Catherine Chicoine and Patrick M. Garry
University of South Dakota Law School and University of South Dakota - School of Law
Downloads 86 (531,964)

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South Dakota Constitution, History of South Dakota Constitution, 3 Constitutional Conventions, Debates of 1883, 1885,1889 Constitutional Conventions

33.

The Right to Reject: The First Amendment in a Media-Drenched Society

San Diego Law Review, Vol. 42, No. 1, 2005
Number of pages: 48 Posted: 09 Nov 2007
Patrick M. Garry
University of South Dakota - School of Law
Downloads 86 (531,964)

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First Amendment, Free Speech Clause, Censorship, Media, Pornography, Non-political Speech, Indecent Speech, Marketplace Model

Pleasant Grove City v. Summum: The Supreme Court Finds a Public Display of Ten Commandments to Be Permissible Government Speech

The Supreme Court Review - Cato Institute, 2009
Number of pages: 29 Posted: 20 Sep 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 46 (748,036)

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First Amendment rights, Free Speech Clause, Establishment Clause

Pleasant Grove City v. Summum: The Supreme Court Finds a Public Display of Ten Commandments to Be Permissible Government Speech

Supreme Court Review, 2009
Number of pages: 29 Posted: 06 Oct 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 39 (799,845)

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First Amendment Rights, Free Speech Clause, Establishment Clause, Government speech, Ten commandments

35.

Cohen v. California - and the Captive Audience Doctrine

Number of pages: 2 Posted: 27 Jun 2013 Last Revised: 22 Aug 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 83 (543,514)

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Captive audience doctrine, Averting eyes, Free Speech, First Amendment

36.

The Self-Government Rationale of Free Speech

Number of pages: 2 Posted: 20 Jun 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 82 (547,488)

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Meiklejohn, First Amendment, Speech value

37.

Carolene Products Footnote Four and the New Deal Constitutional Settlement

Number of pages: 2 Posted: 12 Jul 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 81 (551,552)
Citation 1

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New Deal Court, judicial review, Due Process Clause, Bill of Rights

38.

The Unannounced Revolution: How the Court Has Indirectly Effected a Shift in the Separation of Powers

Alabama Law Review, Vol. 57, No. Spring, 2006
Number of pages: 35 Posted: 17 Sep 2007 Last Revised: 27 Dec 2007
Patrick M. Garry
University of South Dakota - School of Law
Downloads 80 (555,637)
Citation 1

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Federalism, Administrative agencies, Individual rights, Separation of powers

39.

A One-Sided Federalism Revolution: The Unaddressed Constitutional Compromise on Federalism and Individual Rights

Seton Hall Law Review, Vol. 36, No. 3, 2006
Number of pages: 43 Posted: 29 Sep 2007
Patrick M. Garry
University of South Dakota - School of Law
Downloads 78 (563,696)

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Federalism, New Deal, Federalism revolution, New Federalism, States rights, Individual rights

40.

Inequality among Equals: Disparities in the Judicial Treatment of Free Speech and Religious Exercise Claims

Wake Forest Law Review, Vol. 39, No. 2, 2004
Number of pages: 33 Posted: 06 Sep 2007
Patrick M. Garry
University of South Dakota - School of Law
Downloads 78 (563,696)

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First Amendment, Religion, Free Speech, Establishment Clause, Exercise Clause

41.

Ashcroft v. Free Speech Coalition, and the First Amendment Protection of the Internet

Number of pages: 2 Posted: 28 Jun 2013 Last Revised: 15 Mar 2015
Patrick M. Garry
University of South Dakota - School of Law
Downloads 75 (576,502)

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Child pornography prevention act, First Amendment, Internet speech, Free speech

42.

The Flip Side of the First Amendment: A Right to Filter

Michigan State Law Review, Vol. 2004, No. 1, 2004
Number of pages: 33 Posted: 05 May 2008
Patrick M. Garry
University of South Dakota - School of Law
Downloads 72 (589,690)

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First Amendment, Free Exercise Clause, CIPA, Children's Internet Protection Act, Internet filtering, Media, Children, Violent progamming, Pornography

43.

An Equal Protection View of the First Amendment

Quinnipiac Law Review, Vol. 28, No. 4, p. 787, 2010
Number of pages: 68 Posted: 13 Dec 2010
Patrick M. Garry
University of South Dakota - School of Law
Downloads 71 (594,326)

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Bill of Rights, Limited Government, Equal Protection Clause, First Amendment, U. S. Constitution, Individual Freedoms, Minority Rights, Majority Rights, Democracy, Due Process Clause, Establishment Clause, Free Exercise Clause, Free Speech Clause, Discrimination

44.

The Values and Viewpoints Affecting Judicial Review of Agency Actions: A Focus on the Hard-Look Doctrine

Washburn Law Journal, Vol. 53, No. 1, 2014
Number of pages: 16 Posted: 22 May 2014
Patrick M. Garry
University of South Dakota - School of Law
Downloads 70 (598,940)

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Judicial review, Hard Look doctrine, Chevron doctrine, New Deal, Agency actions, Administrative Agencies, Administrative Regulations

45.

The Relationship between Employment Agreements and Trade Secret Litigation in Minnesota: The Evolution of Trade Secret Law from Cherne to Electro-Craft

William Mitchell Law Review, Vol. 11, No. 2, 1985
Number of pages: 26 Posted: 10 Oct 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 70 (598,940)

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Trade secret litigation, Minnesota law, Uniform Trade Secrets Act, Breach of contract, Tort misappropriation

46.

The First Amendment and Non-Political Speech: Exploring a Constitutional Model that Focuses on the Existence of Alternative Channels of Communication

Missouri Law Review, Vol. 72, No. 2, 2007
Number of pages: 48 Posted: 03 Nov 2007
Patrick M. Garry
University of South Dakota - School of Law
Downloads 70 (598,940)

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First Amendment, Political Speech, Free Speech, Non-political Speech, Media

47.

Where Speech Loses its Luster: Campaign Finance Laws and the Constitutional Downgrading of Political Speech

Nexus: A Journal of Opinion, Vol. 12, 2006-2007
Number of pages: 12 Posted: 30 Dec 2007
Patrick M. Garry
University of South Dakota - School of Law
Downloads 67 (612,885)

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First Amendment, Political Speech, Free Speech Clause, Campaign Finance, Political Advertising, Indecent Speech

48.

The Challenge to Harmonization of Inter-Jurisdictional Trade Laws: A Study of Transportational Regulation Disparities within the Northern Great Plains Region

South Dakota Law Review, Vol. 51, No. 2, 2006
Number of pages: 40 Posted: 14 May 2008
Patrick M. Garry, Candice Spurlin and Michelle DeWaelsche
University of South Dakota - School of Law, University of South Dakota Law School and University of South Dakota Law School
Downloads 64 (627,771)

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Trade laws, Trade harmonization, Transportation regulations, Trucking industry, Transporation disparities

49.

Distorting the Establishment Clause Into an Individual Dissenter’s Right

7 Charleston Law Review, 2012
Number of pages: 30 Posted: 06 Oct 2013 Last Revised: 12 Nov 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 61 (643,003)

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Free Speech Clause, First Amentment Rights, Establishment Clause, Dissenter's Rights, Separatationism

50.

Rowan v. US Post Office: The Privacy Rights Against Unwanted Speech

Number of pages: 2 Posted: 20 Jun 2013 Last Revised: 22 Aug 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 61 (643,003)

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Offensive and unwanted material, prohibit offensive mailing

51.

Lynch v. Donnelly and the Endorsement Test

Number of pages: 2 Posted: 27 Jun 2013 Last Revised: 22 Aug 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 60 (648,299)

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Establishment Clause, Endorsement test, Justice O'Connor, First Amendment, Religious symbol

52.

How Strictly Scrutinized?: Examining the Educational Benefits the Court Relied Upon in Grutter

Pepperdine Law Review, Vol. 35, No. 3, 2008
Number of pages: 14 Posted: 15 May 2008
Patrick M. Garry
University of South Dakota - School of Law
Downloads 59 (653,618)

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First Amendment, Grutter case, Racial diversity, Racial discrimination, Higher education, Strict scrutiny review

53.

Lemon v. Kurtzman, and the Court's Establishment Clause Jurisprudence

Number of pages: 8 Posted: 27 Jun 2013 Last Revised: 22 Aug 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 58 (658,995)

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Lemon test, Establishment Clause

54.

Federalism's Battle with History: The Inaccurate Associations with Unpopular Politics

University of Missouri-Kansas City Law Review, Vol. 74, No. 2, 2005
Number of pages: 17 Posted: 30 Dec 2007
Patrick M. Garry
University of South Dakota - School of Law
Downloads 57 (664,522)

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New Federalism, New Deal Constitutional Revolution, States Rights, State Sovereignty, Administrative State, Rehnquist Court, Federalism Revolution

55.

Bowers v Hardwick and the Court's Inquiry into Whether Sexual Intimacy Constitutes a Fundament Constitutional Right

Number of pages: 2 Posted: 12 Jul 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 56 (670,101)

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Constitutional rights, Right to privacy, 14th Amendment, Due process clause, Sodomy

56.

The Role of Public Comment in the Administrative Agency Process: A Case Study of the Rulemaking Processes of One South Dakota Agency

Sustainable Development Law Journal, Vol. 14, p. 148, 2011
Number of pages: 9 Posted: 08 Mar 2012
University of South Dakota Law School, University of South Dakota - School of Law, affiliation not provided to SSRN, affiliation not provided to SSRN and affiliation not provided to SSRN
Downloads 54 (681,443)

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state, administrative rulemaking, public comment, agency rulemaking, agency rules, public participation, final rules, south dakota, rulemaking study, environmental rules

57.

National League of Cities v. Usery, and the Brief Revival of the Tenth Amendment

Number of pages: 2 Posted: 27 Jun 2013 Last Revised: 22 Aug 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 53 (687,173)

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Congressional power, New Deal Court, Rehnquist Court, Fair Labor Standards Act 1974 Amendments

58.

United States v. Playboy Entertainment Group: Speech Freedoms on Cable TV

Number of pages: 2 Posted: 27 Jun 2013 Last Revised: 30 Aug 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 52 (693,003)

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Telecommunications Act of 1996, Cable television, explicit speech, indecent programming

59.

Coordinating the Exercise and Establishment Clauses: A Narrow Establishment Clause Test for Government Funding of Prisoner Rehabilitation Services by Religious Providers

Ave Maria Law Review 387, Vol. 6, No. 2, 2008
Number of pages: 22 Posted: 30 Jun 2008
Patrick M. Garry
University of South Dakota - School of Law
Downloads 52 (693,003)

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Establishment Clause, Free Exercise Clause, Public funds, Government funding, Social welfare services, Prisoner rehabilitiation, Prisons, Religious organizations

60.

Oliver Wendell Holmes and the Democratic Foundations of the First Amendement

Great Justices of the U. S. Supreme Court, Peter Lang Press, 1993
Number of pages: 21 Posted: 10 Oct 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 51 (699,035)

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Oliver Wendall Holmes, First Amendment jurisprudence, Free speech theory

61.

Antifederalists and the Push for a Bill of Rights

Number of pages: 2 Posted: 12 Jul 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 51 (699,035)

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Bill of rights, Antifederalists, Federalists, Constitution

62.

The Institutional Side of Religious Liberty: A New Model of the Establishment Clause

Utah Law Review, Vol. 2004, No. 4, 2004
Number of pages: 35 Posted: 29 Oct 2007 Last Revised: 07 Dec 2007
Patrick M. Garry
University of South Dakota - School of Law
Downloads 51 (699,035)

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First Amendment, Establishment Clause, Free Exercise Clause, Religious Accommodation, Lemon Test, Religious Expression

63.

The Rising Role of State Constitutional Law: An Introduction to a Series of Articles on the South Dakota Constitution

South Dakota Law Review, Vol. 59, No. 1, 2014
Number of pages: 10 Posted: 22 May 2014
Patrick M. Garry
University of South Dakota - School of Law
Downloads 50 (705,257)

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South Dakota Constitution, History of South Dakota Constitution

64.

Re-Evaluating Media Regulation in a Media Environment of Nearly Unlimited Entertainment Programming and Ample Alternative Channels of Communication

Regent University Law Review, Vol. 22, No. 347, 2009-2010
Number of pages: 22 Posted: 12 Dec 2010
Patrick M. Garry
University of South Dakota - School of Law
Downloads 49 (711,520)

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free speech, First Amendment, political speech, indecent, media, entertainment, censorship

65.

Liberty Through Limits: The Bill of Rights as Limited Government Provisions

Southern Methodist University Law Review, Vol. 62, No. 4, 2009
Number of pages: 38 Posted: 17 Mar 2010 Last Revised: 12 Nov 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 49 (711,520)

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Bill of Rights, Constitution, Limited Government, Individual Rights, First Amendment, Anti-Federalist, Nineth Amendment

66.

Widmar v. Vincent: the Protection of Religious Speech in a Public Forum

Number of pages: 4 Posted: 26 Jun 2013 Last Revised: 22 Aug 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 48 (717,884)

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Establishment Clause, religious liberty, religious speech, public forum

67.

Establishment Clause Jurisprudence Still Groping for Clarity: Articulating a New Constitutional Model

Northeastern University Law Review, Vol. 12, No. 2, 2020, p. 660-706
Number of pages: 47 Posted: 07 Dec 2020
Patrick M. Garry
University of South Dakota - School of Law
Downloads 46 (730,665)

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Constitutional Law, First Amendment, Law and Religion, Establishment Clause

68.

Journalistic Coverage of the 1883, 1885 and 1889 Constitutional Conventions

South Dakota Law Review, Vol. 59, No. 2, 2014
Number of pages: 55 Posted: 17 Nov 2014
University of South Dakota Law School, University of South Dakota Law School, University of South Dakota Law School and University of South Dakota - School of Law
Downloads 46 (730,665)

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South Dakota Constitution, History of South Dakota Constitution, Constitutional Conventions, Ratification of South Dakota Constitution, Journalistic Coverage of Conventions

69.

Zechariah Chafee’s Free Speech Theories

Number of pages: 2 Posted: 20 Jun 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 46 (730,665)

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Free speech, First Amendment, civil liberties

70.

The Emerging Legal Relationship between an Investment Banker and Its Client: An Argument for a Fiduciary Relationship

12 Hamline Law Review 43
Number of pages: 15 Posted: 01 Jun 2013
J. McDavitt and Patrick M. Garry
Briggs and Morgan and University of South Dakota - School of Law
Downloads 46 (730,665)

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Fiduciary duty, Banker client relationship, Banker, NASD, NASD Rules of Safe Practice

71.

Reno v. ACLU, and Internet Speech Freedom

Number of pages: 2 Posted: 26 Jun 2013 Last Revised: 04 Jul 2014
Patrick M. Garry
University of South Dakota - School of Law
Downloads 45 (737,222)

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Internet transmissions, indecent messages, offensive messages, Communications Decency Act of 1996

72.

Assessing the Constitutional Autonomy of Such Non-State Institutions as the Press and Academia

Utah Law Review, Vol. 2010, No. 1, 2010
Number of pages: 30 Posted: 01 Jan 2011 Last Revised: 20 Sep 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 44 (743,964)

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Non-state government, Journalism, Press autonomy, Academic freedom, First Amendment, Religious organizations, Confidentiality, Federalism, Non-state governance, Self-governing, Higher Education

73.

Branzburg v. Hayes and the Media's Confidentiality Privileges

Number of pages: 2 Posted: 29 Jun 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 43 (750,771)

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First Amendment, Confidential sources, Press, Grand Juries

74.

Miami Herald Publishing Company v. Tornillo: The Constitutional Distinction between Print and Broadcast Media

Number of pages: 2 Posted: 20 Jun 2013 Last Revised: 22 Aug 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 43 (750,771)

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Right-of-reply statute, newspaper editorial criticism, First Amendment

75.

Zurcher v. Stanford Daily, and the Court's Rejection of Special Press Rights

Number of pages: 2 Posted: 13 Jul 2013 Last Revised: 22 Aug 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 41 (764,776)

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First Amendment, Fourth Amendment, press rights, search warrant

76.

Captive Audience Doctrine in First Amendment Jurisprudence

John Vile, David Hudson, Jr., David Schultz, ENCYCLOPEDIA OF THE FIRST AMENDMENT, CQ Press (2008).
Number of pages: 3 Posted: 15 Jun 2013 Last Revised: 08 Mar 2014
Patrick M. Garry
University of South Dakota - School of Law
Downloads 41 (764,776)

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Captive audience doctrine, First Amendment, Free speech

77.

Restricting the Scope of the Establishment Clause in Rosenberger v Rector & Visitors of the University of Virginia

Number of pages: 2 Posted: 27 Jun 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 37 (793,892)
Citation 8

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Free Speech Clause, Establishment Clause

78.

F.C.C. v. Pacifica Foundation, and the Regulation of Broadcast Indecency

Number of pages: 2 Posted: 27 Jun 2013 Last Revised: 22 Aug 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 36 (801,551)

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FCC, Children, Indecent speech, Broadcast medium, First Amendment

79.

When Legislatures Become the Ally of Academic Freedom: The First State Intellectual Diversity Statute and Its Effect on Academic Freedom

South Carolina Law Review, Vol. 71, No. 1, 2019, p. 175-201
Number of pages: 27 Posted: 07 Dec 2020
Patrick M. Garry
University of South Dakota - School of Law
Downloads 34 (817,230)

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First Amendment, Academic Freedom, Free Speech

80.

A Limited Government Model of the First Amendment

Number of pages: 91 Posted: 07 Dec 2020
Patrick M. Garry
University of South Dakota - School of Law
Downloads 34 (817,230)

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First Amendment, Free Speech, Bill of Rights, Limited Government

81.

Heffron v. International Society for Krishna Consciousness

Number of pages: 2 Posted: 20 Jun 2013 Last Revised: 22 Aug 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 34 (817,230)

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Content-neutral regulation

82.

O'Hare Truck Service, Inc v. City of Northlake: The First Amendment Rights of Government Contractors

Number of pages: 2 Posted: 27 Jun 2013 Last Revised: 22 Aug 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 31 (841,428)

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First Amendment speech, patronage protections, government employees

83.

Cohen v. Cowles Media Co. and the Legacy of Branzburg

Number of pages: 2 Posted: 20 Jun 2013 Last Revised: 30 Aug 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 31 (841,428)

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Safe harbor provison, Public Telecommunications Act 1992, time-channeling regulation, children, indecency

84.

Bartnicki v. Vopper: The Media's Right to Broadcast Intercepted Telephone Conversations

Number of pages: 3 Posted: 12 Jul 2013 Last Revised: 22 Aug 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 30 (849,821)

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First Amendment rights, Media, Privacy rights, Electronic communication

85.

Churches and the Courts: The First Amendment Protection from Clergy Lawsuits

Journal of Law and Religion, Vol. 9, No. 1, 1991
Number of pages: 13 Posted: 21 Jun 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 30 (849,821)

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Clergy, religious organizations, First Amendment, religious employers, religious employees

86.

The Court's Separationist Approach to the Establishment Clause in Aguilar v Felton

Number of pages: 2 Posted: 28 Jun 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 27 (875,535)

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Lemon test, Parochial schools, Separationist approach, Establishment Clause

87.

That Venerable (Or Is It Vulnerable?) Institution: The Supreme Court

Reviews in American History 631 (1989)
Number of pages: 9 Posted: 02 Jul 2013
Paul Murphy and Patrick M. Garry
University of Minnesota - Minneapolis and University of South Dakota - School of Law
Downloads 26 (884,674)

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Supreme Court, judiciary, Gary McDowell, William H. Rehnquist, William Lasser, judicial power

88.

Randall v. Sorrell: The Limits of Campaign Finance Laws

Number of pages: 2 Posted: 20 Jun 2013 Last Revised: 22 Aug 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 26 (884,674)

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Campaign finance statute, contibution limits

89.

The Press and the Dilemma of the Fourth Estate

22 Law & Society Review, No. 5 1043, 1988
Number of pages: 7 Posted: 31 May 2013
Paul Murphy and Patrick M. Garry
University of Minnesota - Minneapolis and University of South Dakota - School of Law
Downloads 26 (884,674)

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First Amendment, Press, Freedom of the press

90.

When Anti-Establishment Becomes Exclusion: The Supreme Court's Opinion in American Legion v. American Humanist Association and the Flip Side of the Endorsement Test

Nebraska Law Review, Vol. 99, No. 3, 2020, p. 643-73
Number of pages: 31 Posted: 03 Dec 2020
Patrick M. Garry
University of South Dakota - School of Law
Downloads 25 (893,711)

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First Amendment, Establishment Clause, Law and Religion

91.

Opening Up the Marketplace to Free Trade in Ideas

Law and Social Inquiry, Vol. 14, No. 415, 1989
Number of pages: 8 Posted: 21 Jun 2013 Last Revised: 12 Nov 2013
Paul Murphy and Patrick M. Garry
University of Minnesota - Minneapolis and University of South Dakota - School of Law
Downloads 25 (893,711)

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Review, Abrams case, Supreme Court, dissenting voice, free speech theories, Holmes dissent

92.

A Congressional Attempt to Alleviate the Uncertainty of the Court's Establishment Clause Jurisprudence: The Public Expression of Religion Act

37 Cumberland Law Review 1 (2006)
Number of pages: 23 Posted: 10 Oct 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 24 (902,910)

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Establishment Clause, First Amendment, Freedom of Religion Act, Religious speech

93.

Board of County Commissioners v. Umbehr and the Extension of Public Employee Speech Protections

Number of pages: 2 Posted: 29 Jun 2013
Patrick M. Garry
University of South Dakota - School of Law
Downloads 20 (941,312)

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Employee Speech Doctrine, First Amendment, Free Speech