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Lorillard Tobacco Co. V. Reilly: The Supreme Court Sends First Amendment Guarantees Up In Smoke By Applying The Commercial Speech Doctrine To Content-Based Regulations, Kerri L. Keller
Akron Law Review
This note examines why the Supreme Court’s application of the commercial speech doctrine to purely “content-based” regulations erodes First Amendment guarantees. Section II provides a brief history of the First Amendment and discusses the different levels of judicial scrutiny applied in First Amendment cases. Section III provides the statement of facts, the procedural history, and the United States Supreme Court’s decision in Lorillard. Finally, Part IV examines the decision in Lorillard and discusses why the Court should have applied strict scrutiny to the regulations at issue. It further discusses how the Court’s refusal to apply strict scrutiny to content-based commercial …
On Protecting Children From Speech, Amitai Etzioni
On Protecting Children From Speech, Amitai Etzioni
Chicago-Kent Law Review
Are children entitled to the same First Amendment rights as adults? This Article explores the constitutionality of limiting children's access to objectionable materials assuming that both free speech rights and the protection of children are two core values that, like all other social values, must be balanced. When used to assess specific court cases and public policies, the balancing principle is a helpful guide in determining whether voluntary or incentives-based programs are sufficient to remedy the problems at hand or whether government regulation of free speech is necessary. The Article analyzes five court cases involving Internet filters in libraries, the …
Response, Amitai Etzioni