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Articles 1 - 30 of 44
Full-Text Articles in Entire DC Network
The Arts: A Traditional Sphere Of Free Expression? First Amendment Implications Of Government Funding To The Arts In The Aftermath Of Rust V. Sullivan , Thomas P. Leff
The Arts: A Traditional Sphere Of Free Expression? First Amendment Implications Of Government Funding To The Arts In The Aftermath Of Rust V. Sullivan , Thomas P. Leff
American University Law Review
No abstract provided.
The Arts: A Traditional Sphere Of Free Expression? First Amendment Implications Of Government Funding To The Arts In The Aftermath Of Rust V. Sullivan , Thomas P. Leff
The Arts: A Traditional Sphere Of Free Expression? First Amendment Implications Of Government Funding To The Arts In The Aftermath Of Rust V. Sullivan , Thomas P. Leff
American University Law Review
No abstract provided.
Awareness Of Meaning In Libel Law: An Interdisciplinary Communication & Law Critique, Clay Calvert
Awareness Of Meaning In Libel Law: An Interdisciplinary Communication & Law Critique, Clay Calvert
Northern Illinois University Law Review
This article critiques, from a communication and law perspective, a proposal to add another element to the already complex calculus of constitutional libel law. The element--a subjective state of mind hurdle closely akin to the actual malice standard--requires libel plaintiffs to prove that defendants were aware of the defamatory meaning conveyed by their messages at the time of publication. The article suggests that while free speech and press interests under the First Amendment may militate in favor of courts adopting this element, it: 1) conflicts with tie reality of communication processes inherent in meaning determination; 2) denigrates the pivotal roles …
Learned Hand: The Jurisprudential Trajectory Of An Old Progressive, Edward A. Purcell Jr.
Learned Hand: The Jurisprudential Trajectory Of An Old Progressive, Edward A. Purcell Jr.
Articles & Chapters
Reviewing Gerald Gunther’s biography of Learned Hand, this article explores the career and jurisprudence of Judge Learned Hand. It focuses on the evolution of Hand’s thinking from his early days as a Progressive to his late years as the advocate for an extreme form of “judicial restraint,” and it argues that Gunther’s book, although thorough and incisive, overlooks some critical changes that occurred in Hand’s thinking over the course of his life. First, it argues that Hand did not merely follow the constitutional prescriptions of his teacher, James Bradley Thayer, but modified them--as did other Progressives, such as Louis Brandeis …
Closing The Barn Door After The Genie Is Out Of The Bag: Recognizing A "Futility Principle" In First Amendment Jurisprudence, Eric Easton
All Faculty Scholarship
This article argues for a simple proposition: the First Amendment imposes a presumption against the suppression of speech when suppression would be futile. Suppression is futile when the speech is available to the same audience through some other medium or at some other place. The government can overcome this presumption of futility only when it asserts an important interest that is unrelated to the content of the speech in question, and only when the suppression directly advances that interest.
In Part I, the article explores the role that this unarticulated "futility principle" has played in Supreme Court and other decisions …
Rules Of The Road: The Constitutional Limits Of Restricting Indecent Speech On The Information Superhighway, Stacey J. Rappaport
Rules Of The Road: The Constitutional Limits Of Restricting Indecent Speech On The Information Superhighway, Stacey J. Rappaport
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Rico And The First Amendment: Alexander V. United States, Bruno C. Bier
Rico And The First Amendment: Alexander V. United States, Bruno C. Bier
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
New Restrictions On Academic Free Speech: Jeffries V. Harleston Ii, Richard H. Hiers
New Restrictions On Academic Free Speech: Jeffries V. Harleston Ii, Richard H. Hiers
UF Law Faculty Publications
Notwithstanding academic freedom's venerable and near-sacrosanct place among academicians in the United States today, the Supreme Court first accorded it constitutional status only in the 1950s. The Court did not recognize First Amendment speech rights of public employees generally until 1968. In subsequent years, the Court evolved two separate lines of cases: the one relating to, and generally protective of, academic freedom in public colleges and universities; the other, relating to the speech rights of public school teachers and public employees in other work contexts. The Supreme Court has yet to address the question whether the severely restrictive standards developed …
People Do Read Large Ads: The Law Of Advertising From Outer Space, Don E. Tomlinson, Rob L. Wiley
People Do Read Large Ads: The Law Of Advertising From Outer Space, Don E. Tomlinson, Rob L. Wiley
Federal Communications Law Journal
Although many may not be aware of it; the .technological capability currently exists to launch large, billboard-type advertisements into outer space. These ads could be as large as a full moon, and last for an almost infinite duration. Reaction to the possibility of space advertising has been generally negative, with many expressing concerns about the aesthetic effect of floating space billboards. One recent example of this is the proposal to launch a billboard containing the five-ring Olympic symbol in connection with Atlanta's hosting the 1996 Olympics, which was rejected by Mayor Maynard Jackson as "environmental pollution." Despite the fact that …
Hostile Environments And The First Amendment: What Now After Harris And St. Paul?, James H. Fowles Iii
Hostile Environments And The First Amendment: What Now After Harris And St. Paul?, James H. Fowles Iii
South Carolina Law Review
No abstract provided.
First Amendment And Private Property: A Sign For Free Speech, The, Anthony J. Durone, Melissa K. Smith
First Amendment And Private Property: A Sign For Free Speech, The, Anthony J. Durone, Melissa K. Smith
Missouri Law Review
Freedom of speech is one of the best known of all the constitutional rights protected by the Bill of Rights. Freedom of speech has received special attention from the courts for at least three reasons: (1) it is essential to the political process that is the foundation of our democracy;3 (2) it is fundamentally important to the discovery of truth in the free marketplace of ideas;4 and (3) it is an end in itself in a free country. In furtherance of a substantial interest, however, the freedom of speech falls subject to the police power of the state. In City …
You Have The Right To Criticize This Casenote: Protecting Negative Reviews Within The Law Of Defamation And The First Amendment, David C. Vogel
You Have The Right To Criticize This Casenote: Protecting Negative Reviews Within The Law Of Defamation And The First Amendment, David C. Vogel
Missouri Law Review
In Moldea v. New York Times Co., the District of Columbia Court of Appeals attempted to determine under what circumstances a statement labeled as opinion may be the basis for a defamation suit. The court approached the topic with some difficulty, as the United States Supreme Court's 1990 decision in Milkovich v. Lorain Journal Co. had created confusion in lower courts over not only the validity of several traditional tests used to distinguish between fact and opinion, but also as to whether placing statements in an opinion context provides them with blanket protection from liability, regardless of their content. The …
The Changing Landscape Of First Amendment Jurisprudence In Light Of The Technological Advances In Media, John M. Phelan, Robert F. Schneider, Steven Shapiro, Jacob Zamansky
The Changing Landscape Of First Amendment Jurisprudence In Light Of The Technological Advances In Media, John M. Phelan, Robert F. Schneider, Steven Shapiro, Jacob Zamansky
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Censorship On The Internet: Do Obscene Or Pornographic Materials Have A Protected Status?, Paula Franzese, J. Robert Flores, Peter D. Kennedy, Robert T. Perry
Censorship On The Internet: Do Obscene Or Pornographic Materials Have A Protected Status?, Paula Franzese, J. Robert Flores, Peter D. Kennedy, Robert T. Perry
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Progeny Of Lee V. Weisman: Can Student-Invited Prayer At Public School Graduation Still Be Constitutional?, Thomas A. Schweitzer
The Progeny Of Lee V. Weisman: Can Student-Invited Prayer At Public School Graduation Still Be Constitutional?, Thomas A. Schweitzer
Scholarly Works
No abstract provided.
Authors, Editors, And Uncommon Carriers: Identifying The "Speaker" Within The New Media, Michael I. Meyerson
Authors, Editors, And Uncommon Carriers: Identifying The "Speaker" Within The New Media, Michael I. Meyerson
All Faculty Scholarship
First Amendment analysis has historically depended on whether a party is a speaker, an editor, or a carrier. With communications technology rapidly evolving, determining which category is appropriate becomes increasingly complex, and ascertaining the First Amendment protections that are applied to various actors in the process of diffusing ideas becomes difficult. This article looks to the historical treatment of the First Amendment rights of speakers, editors, and distributors. This article traces the Supreme Court’s treatment of speech regulations on new technologies, from telegraph and telephone regulations to the seminal Turner Broadcast System, Inc. v. FCC case that created rules for …
The Second Adoption Of The Establishment Clause: The Rise Of The Non-Establishment Principle, Kurt T. Lash
The Second Adoption Of The Establishment Clause: The Rise Of The Non-Establishment Principle, Kurt T. Lash
Law Faculty Publications
In the 70 years since Gitlow first incorporated the First Amendment protections of speech and press against the states, the Establishment Clause has been a boon to incorporation's enemies and an embarrassment to its friends. Scholars who make the historical case for general incorporation either ignore, or carefully distinguish, the case of the Establishment Clause. Anti-incorporationists, on the other hand, use the case against incorporation of the Establishment Clause as their cause celebre. In fact, so wonderfully ambiguous is the history surrounding this opening line of the Bill of Rights that originalists use it to attack incorporation, and nonoriginalists use …
Anonymous Campaign Literature And The First Amendment, Erika Lietzan
Anonymous Campaign Literature And The First Amendment, Erika Lietzan
Faculty Publications
Presently, forty-eight states and the District of Columbia have statutes that require the disclosure of some party's identity (for example, an author or a sponsor) on political literature pertaining to elections. The most common explanations given for these statutes are that they deter fraud and libel in the election arena and that they provide valuable information to the voters. Because these statutes regulate core political speech, however, they necessarily implicate the First Amendment to the United States Constitution. Although campaign disclosure laws have been both struck down and sustained by state courts reviewing appealed convictions, the decisions have been disappointingly …
Money Talks: The First Amendment Implications Of Counterfeiting Law, Julie K. Staple
Money Talks: The First Amendment Implications Of Counterfeiting Law, Julie K. Staple
Indiana Law Journal
No abstract provided.
Begging And The First Amendment, Jonathan Mallamud
Begging And The First Amendment, Jonathan Mallamud
South Carolina Law Review
No abstract provided.
Free Speech And Due Process In The Workplace, Cynthia L. Estlund
Free Speech And Due Process In The Workplace, Cynthia L. Estlund
Indiana Law Journal
No abstract provided.
Matusevitch V. Telnikoff: The First Amendment Travels Abroad, Preventing Recognition And Enforcement Of A British Libel Judgment, Rachel B. Korsower
Matusevitch V. Telnikoff: The First Amendment Travels Abroad, Preventing Recognition And Enforcement Of A British Libel Judgment, Rachel B. Korsower
Maryland Journal of International Law
No abstract provided.
The Supreme Court's Land Use Decisions, Hon. Leon D. Lazer
The Supreme Court's Land Use Decisions, Hon. Leon D. Lazer
Touro Law Review
No abstract provided.
New York's Son Of Sam Law: Alive And Well Today, Steven P. Vargas
New York's Son Of Sam Law: Alive And Well Today, Steven P. Vargas
Touro Law Review
No abstract provided.
"Face"-Ing Rico: A Remedy For Antiabortion Violence?, Susan L. Ronn
"Face"-Ing Rico: A Remedy For Antiabortion Violence?, Susan L. Ronn
Seattle University Law Review
In Section I, this Comment examines the nature of the violence erupting out of protest activity at abortion clinics. Section II outlines the treatment of different types of federal lawsuits brought by clinics and pro-choice groups against both antiabortion groups and the leaders that spearhead the violent protest campaigns. Section III explores the use of RICO against such groups and individuals, and the imposition of an economic motivation requirement. Section IV discusses both the Seventh Circuit's and the Supreme Court's decisions in NOW v. Scheidler. Section V addresses the concerns surrounding the application of RICO to political protest activities. Section …
Counter-Demonstration As Protected Speech: Finding The Right To Confrontation In Existing First Amendment Law, Kevin F. O'Neill, R. Vasvari
Counter-Demonstration As Protected Speech: Finding The Right To Confrontation In Existing First Amendment Law, Kevin F. O'Neill, R. Vasvari
Law Faculty Articles and Essays
Accordingly, this Article is aimed at disentangling lines of precedent that are all too frequently entwined by urging an analysis of public protest cases that distinguishes among the four regulatory players. Thus, this Article devotes separate sections to the regulatory roles of legislators,16 administrators,17 judges,18 and police,19 with an introductory section on the doctrinal bedrock in this field: the public forum doctrine.20
Civil Rico, Protesters, And The First Amendment: A Constitutional Combination, Timothy S. Millman
Civil Rico, Protesters, And The First Amendment: A Constitutional Combination, Timothy S. Millman
Missouri Law Review
The Racketeer Influenced and Corrupt Organizations Act ("RICO") provides for both government causes of action and a private cause of action. The private cause of action is usually referred to as civil RICO In recent years, abortion clinics and other groups have used civil RICO in suits against violent protesters. The circuits had disagreed, however, on whether RICO requires the defendant to be economically motivated. The circuits had disagreed, however, on whether RICO. Therefore, abortion clinics and other potential plaintiffs were uncertain whether civil RICO was a viable option in suits against politically or religiously motivated protesters. Although the Court …
N.O.W. V. Scheidler: Rico Meets The First Amendment, Craig M. Bradley
N.O.W. V. Scheidler: Rico Meets The First Amendment, Craig M. Bradley
Articles by Maurer Faculty
A look at the controversial N.O.W. v. Scheidler case.