Law Commons^™

"Under The Influence": Pornography And Alcohol - Some Common Themes, Jerome O'Callaghan

Akron Law Review

This paper examines the regulation of pornography outside the usual framework of First Amendment argument. Though it may seem heretical to some, this article postpones First Amendment discussion in order to promote a novel understanding of pornography regulation. For reasons explained in a later section, I believe First Amendment arguments are not dispositive of this issue. While free speech may be the gravamen of courtroom argument, there nevertheless remain underlying questions concerning the logic of antipornography reform that can be best seen outside the glare of free speech rhetoric.

My focus is the problem of identifying and quantifying the consequential …

Ashcroft V. Free Speech Coalition: Can We Roast The Pig Without Burning Down The House In Regulating "Virtual" Child Pornography?, Ryan P. Kennedy

Akron Law Review

This Note will explore the struggle in the area of child pornography between the state’s legitimate interest in the protection of children and the First Amendment’s guarantee of free speech. Part II provides a brief history of the free speech doctrine as related to the area of child pornography prevention. Part III discusses the circuit split, as well as the facts, procedural history, and the holding of the Supreme Court. Finally, Part IV will examine the effect of the Court’s interpretation of the statute as unconstitutional, explain why the decision was correct, and look at Congress’ recent efforts at new …