C. Ashley Royal

Publication Date


Document Type

Survey Article


The First Amendment presents some of the most nettlesome, yet interesting, issues for attorneys and federal judges. Once again this term, the Court of Appeals for the Eleventh Circuit dealt with some complex issues in cases involving nude dancing, freedom of the press, religious symbols, commerce, and the Confederate battle flag. The court even stirred nationwide controversy over its decision about a monument to the Ten Commandments in Alabama. This Article highlights some of the key legal principles the court follows in ruling on First Amendment cases.

The Article shows how the court, applying the same legal theories, reaches different results based on the facts of the case. This organization enhances the reader's understanding of these complex legal problems. This Article also considers in depth the issue of standing because the Eleventh Circuit stated this term that standing is "[plerhaps the most fundamental doctrine that has emerged from the case-or-controversy requirement."