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The Smith-Mundt Act's Ban On Domestic Propaganda: An Analysis Of The Cold War Statute Limiting Access To Public Diplomacy, Edward L. Carter, Allen W. Palmer Dec 2006

The Smith-Mundt Act's Ban On Domestic Propaganda: An Analysis Of The Cold War Statute Limiting Access To Public Diplomacy, Edward L. Carter, Allen W. Palmer

Faculty Publications

For more than fifty years, the U.S. Code has authorized the federal government to disseminate messages about America to international audiences. For at least thirty years, federal law has also prohibited those international propaganda messages from being disseminated within the United States. Given the realities of the acceleration and dispersion of information flow across international borders in the twenty-first century, a ban on dissemination of information that is tied to geographic boundaries raises both practical and policy issues. The domestic dissemination ban may have outlived its usefulness and relevance. Further, futile enforcement of the statute contradicts general U.S. policy promoting …


“Arrogance Cloaked As Humility” And The Majoritarian First Amendment: The Free Speech Legacy Of Chief Justice William H. Rehnquist, Edward L. Carter, Brad Clark Sep 2006

“Arrogance Cloaked As Humility” And The Majoritarian First Amendment: The Free Speech Legacy Of Chief Justice William H. Rehnquist, Edward L. Carter, Brad Clark

Faculty Publications

In his 19 years as Chief Justice of theUnited States, William H. Rehnquist voted in favor of the individual expression interest asserted in approximately one-fifth of the Speech Clause cases heard by the Supreme Court. Meanwhile, he opposed protecting those constitutional interests in approximately two-thirds of the speech cases during that time. (His votes evidenced both speech-protective and non-protective elements just more than 10 percent of the time). This manuscript analyzes the Rehnquist jurisprudence in comparison with that of his two immediate predecessors as Chief, Warren Burger and Earl Warren. Rehnquist’s deference to government, reliance on history and formalist categorization …


Chw Productions: A Study To Determine Market Potential For Missionary Videos, Shalayne Packer, Francisco Pascual, Jed Lloyd Jan 2006

Chw Productions: A Study To Determine Market Potential For Missionary Videos, Shalayne Packer, Francisco Pascual, Jed Lloyd

Student Works

At the request of the CHW Productions, Shalayne Packer, Jed Lloyd, and Francisco Pascual, students of the Marriott School of Management located at Brigham Young University, were commissioned to determine the market potential for LDS missionary videos. PPL Consulting is comprised of Shalayne Packer, Francisco Pascual and Jed Lloyd.


Mormon Media History Timeline: 1827-2007, Sherry Baker Jan 2006

Mormon Media History Timeline: 1827-2007, Sherry Baker

Faculty Publications

This timeline is a work in progress. It is posted currently as a PDF file in order to make it available in a timely manner to scholars who are working on Mormon media history, or any other scholarship for which it might be helpful and informative. It is anticipated that the timeline eventually will be reworked into media formats that will make it more accessible, and that will allow it to be updated, enhanced, and corrected over time. If you wish to comment upon this Mormon Media History Timeline, contact Sherry Baker at sherry_baker@byu.edu.


Death Of Procedural Safeguards: Prior Restraint, Due Process And The Elusive First Amendment Value Of Content Neutrality, Edward L. Carter, Brad Clark Jan 2006

Death Of Procedural Safeguards: Prior Restraint, Due Process And The Elusive First Amendment Value Of Content Neutrality, Edward L. Carter, Brad Clark

Faculty Publications

In recent years, federal courts eroded the procedural safeguards required for prior restraint licensing schemes established in Freedman v. Maryland. The Supreme Court of the United States stated that the dangers of prior restraint were accounted for by content neutrality. But a close examination of federal courts of appeals opinions since 2002 reveals that erosion of procedural safeguards may threaten speech interests. First, procedural safeguards have not been required, in some cases, even for content-based prior restraints. Second, courts of appeals have held that, in the context of content-neutral prior restraints, the First Amendment no longer requires a time limit …