Digital Commons Network^™

Internet Control Or Internet Censorship? Comparing The Control Models Of China, Singapore, And The United States To Guide Taiwan’S Choice, Jeffrey Li

Jeffrey Li

Internet censorship generally refers to unjustified online speech scrutiny and control by the government or government-approved measures for Internet control. The danger of Internet censorship is the chilling effect and the substantial harm on free speech, a cornerstone of democracy, in cyberspace. This paper compares China’s blocking and filtering system, the class license system of Singapore, and the government-private partnership model of the United States to identify the features, and pros and cons of each model on the international human rights. By finding lessons from each of the model, this paper suggests Taiwan should remain its current meager internet control …

2002 U.S. Supreme Court Term Includes Zoning Referendum Case, Patricia E. Salkin

Patricia E. Salkin

No abstract provided.

Regulating Controversial Land Uses, Patricia E. Salkin

Patricia E. Salkin

While the definition of what may constitute a controversial land use differs from community to community, the bottom line is that land use controls have been attempting to regulate these uses since the advent of zoning (and through nuisance law before that). When regulating many types of controversial land uses, constitutional issues may come into play and federal and state preemption issues may arise. However, local governments typically have wide discretion in designing standards and regulations for many types of controversial uses. This article explores four typically controversial uses - off-campus fraternity and sorority housing, tattoo parlors, medical marijuana and …

Advancing An Adaptive Standard Of Strict Scrutiny For Content-Based Commercial Speech Regulation, Nat Stern, Mark Joseph Stern

University of Richmond Law Review

No abstract provided.

Anonymity In Cyberspace: Judicial And Legislative Regulations, Sophia Qasir

Fordham Law Review

Historically, the scope of constitutional protections for fundamental rights has evolved to keep pace with new social norms and new technology. Internet speech is on the rise. The First Amendment protects an individual’s right to speak anonymously, but to what extent does it protect a right to anonymous online speech? This question is difficult because the government must balance the fundamental nature of speech rights with the potential dangers associated with anonymous online speech, including defamation, invasion of privacy, and intentional infliction of emotional distress. While lower courts have held that there is a right to anonymous online speech, they …

The Application Of Anti-Discrimination Laws To Religious Institutions: The Irresistible Force Meets The Immovable Object, Oliver S. Thomas

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Public Access To Physician And Attorney Disciplinary Proceedings, Michael Spake

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

The Shield Of Rights, The Sword Of Disorder: Robert H. Jackson And Civil Liberties, George B. Crawford

George B. Crawford

No abstract provided.

Breaking Terror's Bank Without Breaking The Law: A Comment On The Usa Patriot Act And The United States Financial War On Terrorism , Carrie L. Folendorf

Journal of the National Association of Administrative Law Judiciary

This comment will discuss the effect of abandoning our Constitution in times of crisis by discussing how Executive Order 13,224 and the USA PATRIOT Act infringe upon our fundamental First Amendment freedoms of association, and how they violate the Due Process Clause of the Fifth Amendment by withholding notice and the opportunity to be heard. Part II will outline legislation which demonstrates how the United States has historically dealt with freezing the assets of designated terrorists, and will include a discussion of the provisions in the Anti-Terrorism and Effective Death Penalty Act of 1996 (AEDPA) and the USA PATRIOT Act …

Opposing Interests: How Wikileaks Forces A Redrawing Of The Battle Lines Between The First Amendment And National Security, Brian Mitchell Perkins

Electronic Theses and Dissertations

The mainstream press and the United States government have found harmony in the still relatively undefined rules regarding the balance between national security and free press. While the government tried a handful of individuals and groups under the Espionage Act in the early 20th century, the press has avoided such trials. Even during the Pentagon Papers case, the government only sought an injunction against publication, which was ultimately not supported by the Supreme Court of the United States. The 21st century presents a new set of challenges for this unwritten peace. Wikileaks may be the proverbial guinea pig in determining …

Agencies And The Arts: The Dilemma Of Subsidizing Expression, Jennifer Weatherup

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Muzzling And Caging Administrative Law Judges: The Social Security Administration Attempts To Control Its Most "Notorious" Employees, Allen E. Shoenberger

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Consider The Source: A Note On Public-Sector Union Expenditure Restrictions Upheld In Davenport V. Washington Education Association, Daniel A. Himebaugh

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Executive Action And The First Amendment's First Word, Daniel J. Hemel

Pepperdine Law Review

In recent years, textualist scholars have advanced the argument that the First Amendment only applies to legislative action, and thus that executive authority is unencumbered by the First Amendment’s prohibitions. According to this argument, the words “Congress shall make no law” cannot be construed to limit the powers of the executive branch. Upon first glance, it might seem that a textualist reading of the First Amendment’s first word would give the executive branch carte blanche in the regulation of religion, expression, and association. Yet as this Article seeks to show, a textualist reading of the First Amendment’s first word does …

Redressing The Balance: An Examination Of The Scope First Amendment Protections, Prosecutorial Discretion, And Probable Cause In The Wake Of Hartman V. Moore, Anjoli Terhune

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Demystifying “Pornography”: Tailoring Special Release Conditions Concerning Pornography And Sexually Oriented Expression, Laura A. Napoli

The University of New Hampshire Law Review

[Excerpt] “This article examines the design of special release conditions and the problems that arise when such conditions do not comport with constitutional standards. Part I provides a general overview of the First Amendment issues that often arise with respect to special release conditions. Part II discusses the current state of the law and classifies the types of bans defendants have encountered in supervised release conditions. Part III explains the factors that are frequently considered in assessing the validity of special release conditions, and Part IV suggests a new approach for evaluating the constitutionality of special release conditions. The article …

Copyright And Freedom Of Expression: Saving Free Speech From Advancing Legislation, Amanda Beshears Cook

Chicago-Kent Journal of Intellectual Property

The Supreme Court has expressly recognized the possibility of a First Amendment defense to copyright infringement claims, but it has never actually found such a defense to apply to a case before it. And nearly every year, Congress enacts or attempts to enact more legislation that restricts speech under the banner of the copyright clause. The problem is that the natural right of free speech is being depleted by the legislatively granted right of intellectual property, putting both individual liberty and the public good at risk. Congress and the courts both must begin to acknowledge that in the common law …

Banning The Hijab In Prisons: Violations Of Incarcerated Muslim Women's Right To Free Exercise Of Religion, Ali Ammoura

Chicago-Kent Law Review

Muslim American women who wear the hijab, or Islamic headscarf, face religious discrimination in nearly every aspect of their public life. They even face it during arrest or incarceration. Law enforcement officials often force Muslim women to remove their hijab while in custody, which both degrades and humiliates them in the process. But prison policies that prohibit incarcerated Muslim women from wearing the hijab violate their right to free exercise of religion. Penal institutions should not prevent incarcerated Muslim women from wearing a hijab without compelling reasons, especially when such policies often arise out of religious discrimination. Courts must …

Some Thoughts On The First Amendment's Religion Clauses And Abner Greene's Against Obligation, With Reference To Patton Oswalt's Character 'Paul From Staten Island' In The Film Big Fan, Jay D. Wexler

Faculty Scholarship

In this short contribution to a symposium held at Boston University in the fall of 2012, I review Abner Greene's recent book Against Obligation by considering whether Greene's broad theory of freedom from state obligations under the Free Exercise Clause of the First Amendment would protect the maniacal New York Giants fan "Paul from Staten Island," portrayed by the ridiculously talented Patton Oswalt in Robert Siegel's hilarious film "Big Fan." I also explain how I use the film in my Law and Religion class to teach the Free Exercise Clause and the deeply perplexing question of how the word "religion" …

U.S. Asylum Law As A Path To Religious Persecution, Jack C. Dolance Ii

Jack C Dolance II

U.S. asylum law protects against persecution “on account of . . . religion.” But must the law protect a non-believer seeking religious asylum in the United States? Many may instinctively answer “no,” for a non-believer is by most definitions not “religious.” Such a response misses the mark however — at least in the context of U.S. asylum law, which is subject to the First Amendment. The protection of religious liberty enshrined in the First Amendment embodies freedom from persecution on account of one’s “religion” — in whatever form that religion may take. In the asylum context, then, “religion” must be …

Tactics, Strategies & Battles—Oh My!: Perseverance Of The Perpetual Problem Regarding Preaching To Public School Pupils & Why It Persists, Casey S. Mckay

Casey Scott McKay

After reviewing the history of the religious war on Darwin’s Theory of Evolution, my article, “Tactics, Strategies & Battles—Oh My!: Perseverance of the Perpetual Problem Regarding Preaching to Public School Pupils & Why it Persists,“ examines why such a seemingly well-settled issue survives and, to some extent, succeeds.

First, by exploiting common misconceptions among the American public, lawmakers are able to take advantage of ignorance driven by strong emotions. Next, religious special interests groups, with seemingly unlimited funds, thrust propaganda supported by worldwide media reinforcement on an already vulnerable American public. Thus, irresponsible state legislators, caught between a rock and …

For-Profit Corporations, Free Exercise, And The Hhs Mandate, Scott W. Gaylord

Scott W. Gaylord

Under the Patient Protection and Affordable Care Act, most employers must provide their employees with health insurance that covers all FDA approved contraceptive methods and sterilization procedures (the “HHS mandate”). Across the country, individuals, religious schools, and corporations have sued to enjoin the mandate, arguing, among other things, that it violates the free exercise clause of the First Amendment and the Religious Freedom Restoration Act (“RFRA”). Federal district courts have reached conflicting decisions in the fifteen cases decided to date, leaving the Third, Fourth, Sixth, Seventh, Eighth, Tenth, and D.C. Circuits to sort out the complex relationship between the free …

Dancing Around Equality: Public Schools And Prejudice At The Prom, Jeffrey S. Thomas

Jeffrey S. Thomas

No abstract provided.

“Smut And Nothing But”: The Fcc, Indecency, And Regulatory Transformations In The Shadows, Lili Levi

Lili Levi

For almost a century, American broadcasting has received a lesser degree of constitutional protection than the print medium. Although many of the FCC’s regulations in “the public interest” have been upheld against First Amendment challenge on the ground that broadcasting is exceptional, the traditional reasons given for such exceptionalism – scarcity and pervasiveness – have become increasingly careworn. Fighting that consensus, the FCC has aggressively pursued the regulation of indecency on radio and television since 2003. When the FCC’s enhanced indecency prohibitions swept up U2 front-man Bono’s fleeting expletive on a music awards show, broadcasters finally thought they had found …

Terrorism And Associations, Ashutosh A. Bhagwat

Ashutosh Bhagwat

The domestic manifestation of the War on Terror has produced the most difficult and sustained set of controversies regarding the limits on First Amendment protections for political speech and association since the anti-Communist crusades of the Red Scare and McCarthy eras. An examination of the types of domestic terrorism prosecutions that have become common since the September 11 attacks reveals continuing and unresolved conflicts between national security needs and traditional protections for speech and (especially) associational freedoms. Yet the courts have barely begun to acknowledge, much less address, these serious issues. In the Supreme Court’s only sustained engagement with these …

Religions As Sovereigns: Why Religion Is "Special", Elizabeth A. Clark

Elizabeth A. Clark

Consolidated Edison Company Of New York V. Public Service Commission: Freedom Of Speech Extended To Monopolies - Is There No Escape For The Consumer?, Lynn K. Warren

Pepperdine Law Review

The author's focus is upon an opinion of the United States Supreme Court which silently extended first amendment freedoms to a corporate monopoly. The majority attempts a balancing of the monopoly utility's freedom of speech against the state's protection of the privacy interests of the ratepayers and finds the privacy interest not to be so compelling as to justify any restriction on freedom of speech. The author suggests that the privacy interest is so substantial as to be compelling and further agrees with the dissent, that because of the special position of the Consolidated Edison Company as a monopoly and …

A Barometer Of Freedom Of The Press: The Opinions Of Mr. Justice White , Michael J. Armstrong

Pepperdine Law Review

Since the Zurcher v. Stanford Daily decision which was authored by Justice Byron F. White, the news media has become increasingly concerned with its' first amendment protections from governmental searches. Since Justice White has been the voice of the United States Supreme Court on this very issue, the author submits that an examination of Justice White's media related opinions can serve as a "barometer" for the constitutional protections of the news media. The author examines the use of Justice White to the Supreme Court, his staunch adherence to stare decisis, and the historical foundation of the first amendment as they …

Heffron V. International Society For Krishna Consciousness Inc.: A Restrictive Constitutional View Of The Proselytizing Rights Of Religious Organizations , Michael M. Greenburg

Pepperdine Law Review

The persistent efforts of religious organizations to reach their public have consistently been met with governmental limitation due to the often conflicting interests of public order, and free speech and expression. Heffron v. International Society for Krishna Consciousness, Inc. represents the Court's latest redefinition of the extent of permissible limitations upon the activities of these groups. The author examines the decision in light of the traditional criteria for permissible time, place, and manner restrictions upon free speech and evaluates the Court's implementation of these restrictions with respect to the activities of the Krishna group. The impact of the decision upon …

Chandler V. Florida: Cameras, Courts, And The Constitution, Allen F. Camp

Pepperdine Law Review

The rising importance of television journalism in the 1960's has resulted in the Supreme Court deciding whether a criminal defendant's due process rights are violated by camera coverage of the courtroom proceeding. The decision of Chandler v. Florida clearly provides the answer; for unless a defendant proves prejudice with specificity, the Constitution does not ban televised criminal trials. The author examines the issues with a revealing historical perspective. He then traces the Court's factual and legal analysis and concludes that the decision will serve to offer the states guidance in deciding whether to implement a program allowing television coverage of …