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The Concerto The Without Sheet Music: Revisiting The Debate Over First Amendment Protection For Information Gathering, Anthony L. Fargo Oct 2006

The Concerto The Without Sheet Music: Revisiting The Debate Over First Amendment Protection For Information Gathering, Anthony L. Fargo

University of Arkansas at Little Rock Law Review

No abstract provided.


Scholarly And Scientific Boycotts Of Israel: Abusing The Academic Enterprise, Kenneth Lasson Jan 2006

Scholarly And Scientific Boycotts Of Israel: Abusing The Academic Enterprise, Kenneth Lasson

All Faculty Scholarship

Veritas vos liberabit, chanted the scholastics of yesteryear. The truth will set you free, echo their latter-day counterparts in the academy.

Universities like themselves to be perceived as places of culture in a chaotic world, protectors of reasoned discourse, peaceful havens for learned professors roaming orderly quadrangles and pondering higher thoughts-a community of scholars seeking knowledge in sylvan tranquility.

The real world of higher education, of course, is not quite so wonderful.

Instead of a feast for unfettered intellectual curiosity, much of the modern academy is dominated by curricular deconstructionists who disdain western civilization, people who call themselves multiculturalists but, …


Limited Powers In The Looking-Glass: Otiose Textualism, And An Empirical Analysis Of Other Approaches, When Activitists In Private Shopping Centers Claim State Constitutional Liberties, Richard J. Peltz-Steele Jan 2006

Limited Powers In The Looking-Glass: Otiose Textualism, And An Empirical Analysis Of Other Approaches, When Activitists In Private Shopping Centers Claim State Constitutional Liberties, Richard J. Peltz-Steele

Faculty Publications

This article examines closely a narrow range of highly factually analogous cases, in which state constitutional rights are asserted despite a clear lack of entitlement to assert any federal constitutional claim. Specifically, the cases selected are those in which private persons assert a right to conduct expressive activity, including electoral activity, in private shopping centers during hours when the properties are held open to the general public. These cases may be referred to colloquially as “the mall cases.” Selected here are only those which were decided after the federal question became clear. The Article first inquires into the role of …


Porn In Their Words: Female Leaders In The Adult Entertainment Industry Address Free Speech, Censorship, Feminism, Culture And The Mainstreaming Of Adult Content, Clay Calvert, Robert D. Richards Jan 2006

Porn In Their Words: Female Leaders In The Adult Entertainment Industry Address Free Speech, Censorship, Feminism, Culture And The Mainstreaming Of Adult Content, Clay Calvert, Robert D. Richards

Vanderbilt Journal of Entertainment & Technology Law

Part I provides brief biographical information about each of the five women interviewed for this article. Part II then describes the interview and editing processes used by the authors, including details about when and where the interviews took place and the transcription process of the tapes used to record them. Next, Part III--the heart of the article--sets forth the views, opinions and comments of each of the five women, divided into three theme-based sections: 1) free speech and censorship of sexual content; 2) feminism and victimization; and 3) mainstreaming of adult entertainment and shifts of cultural mores. Finally, Part IV …


Warring Ideologies For Regulating Military Blogs: A Cyberlaw Approach For Balancing Free Speech And Security In Cyberspace, Julia E. Mitchell Jan 2006

Warring Ideologies For Regulating Military Blogs: A Cyberlaw Approach For Balancing Free Speech And Security In Cyberspace, Julia E. Mitchell

Vanderbilt Journal of Entertainment & Technology Law

Part I of this note provides an overview of the use of media during war. It also reviews case law relating to the military's limited right to freedom of speech under the First Amendment. Part II analyzes the problems of regulating milblogs in terms of societal costs and the technological challenges of regulating behavior on the Internet. This note argues that the military's "unexceptionalist" approach toward regulation, wherein it applies the traditional principles embodied in the UCMJ to milblog regulation, undermines its goal of maintaining operational security and impedes the free flow of ideas. Finally, Part II introduces an "exceptionalist" …


Bureaucracy And Distrust: Germaneness And The Paradoxes Of The Academic Freedom Doctrine, Alan K. Chen Jan 2006

Bureaucracy And Distrust: Germaneness And The Paradoxes Of The Academic Freedom Doctrine, Alan K. Chen

University of Colorado Law Review

No abstract provided.


Freedom Of Expression (R): Overzealous Copyright Bozos And Other Enemies Of Creativity (Book Review), Matthew Rimmer Dec 2005

Freedom Of Expression (R): Overzealous Copyright Bozos And Other Enemies Of Creativity (Book Review), Matthew Rimmer

Matthew Rimmer

Of late, there has been a spate of popular and academic books decrying that copyright law has a detrimental impact upon freedom of expression. Most notably, in Free Culture, Lawrence Lessig has tilted at the comforting, consoling fiction of the Supreme Court of the United States in Harper & Row that ‘copyright is an engine of free expression’. He complains:

"Now that technology enables us to rebuild the library of Alexandria, the law gets in the way. And it doesn’t get in the way for any useful copyright purpose, for the purpose of copyright is to enable the commercial market …