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Articles 1 - 21 of 21
Full-Text Articles in Law
Speech Along The Atrocity Spectrum, Gregory S. Gordon
Speech Along The Atrocity Spectrum, Gregory S. Gordon
Georgia Journal of International & Comparative Law
No abstract provided.
Foreign Affairs And First Amendment Rights: Office Of Foreign Assets Control Prohibits Abc's Pan American Games Broadcast. Capital Cities/Abc, Inc. V. Brady, 740 F. Supp. 1007 (S.D.N.Y. June 29, 1990), Allison Sanford
Georgia Journal of International & Comparative Law
No abstract provided.
Protecting Defamatory Fiction And Reader-Response Theory With Emphasis On The German Experience, Henry Ordower
Protecting Defamatory Fiction And Reader-Response Theory With Emphasis On The German Experience, Henry Ordower
Georgia Journal of International & Comparative Law
No abstract provided.
Finding An Appropriate Global Legal Paradigm For The Internet: United States And International Responses, Benjamin A. Perlman
Finding An Appropriate Global Legal Paradigm For The Internet: United States And International Responses, Benjamin A. Perlman
Georgia Journal of International & Comparative Law
No abstract provided.
Hammering Down Nails, Scott M. Lenhart
Hammering Down Nails, Scott M. Lenhart
Georgia Journal of International & Comparative Law
No abstract provided.
Freedom Of Religion In Public Schools In Germany And In The United States, Inke Muehlhoff
Freedom Of Religion In Public Schools In Germany And In The United States, Inke Muehlhoff
Georgia Journal of International & Comparative Law
No abstract provided.
Balancing The First Amendment And Child Protection Goals In Legal Approaches To Restricting Children's Access To Violent Video Games: A Comparison Of Germany And The United States, Laura Tate Kagel
Georgia Journal of International & Comparative Law
No abstract provided.
Ready Or Not, Here Comes Dr-Cafta: Comparing The Right Of Association In Mexico, Guatemala, And El Salvador, Laura Glass-Hess
Ready Or Not, Here Comes Dr-Cafta: Comparing The Right Of Association In Mexico, Guatemala, And El Salvador, Laura Glass-Hess
Georgia Journal of International & Comparative Law
No abstract provided.
Shame, Rage And Freedom Of Speech: Should The United States Adopt European "Mobbing" Laws?, Brady Coleman
Shame, Rage And Freedom Of Speech: Should The United States Adopt European "Mobbing" Laws?, Brady Coleman
Georgia Journal of International & Comparative Law
No abstract provided.
Learning Lessons From Multani: Considering Canada's Response To Religious Garb Issues In Public Schools, Allison N. Crawford
Learning Lessons From Multani: Considering Canada's Response To Religious Garb Issues In Public Schools, Allison N. Crawford
Georgia Journal of International & Comparative Law
No abstract provided.
Lausti And Salazar: Are Religious Symbols Legitimate In The Public Square?, Katie A. Croghan
Lausti And Salazar: Are Religious Symbols Legitimate In The Public Square?, Katie A. Croghan
Georgia Journal of International & Comparative Law
No abstract provided.
The Stealth Press Clause, Sonja R. West
The Stealth Press Clause, Sonja R. West
Georgia Law Review
As we reflect on the 50th anniversary of New York Times Co. v. Sullivan, there will likely be many tributes to Sullivan as one of the Supreme Court's most significant press cases. Yet Sullivan was not really a "press" case. The Supreme Court, in its opinion, granted all speakers greater protection against defamation liability regardless of whether they were a member of the press. Sullivan is not the only famous so-called "press" case that was not just about the press. Several more "not-just-the-press" victories followed in Sullivan's wake. New York Times Co. v. United States (the "Pentagon Papers case"), for …
Institutional Actors In New York Times Co. V. Sullivan, Paul Horwitz
Institutional Actors In New York Times Co. V. Sullivan, Paul Horwitz
Georgia Law Review
Like all major cases, New York Times Co. v. Sullivan, which has now reached its fiftieth anniversary, is capable of multiple readings. This is less true of Sullivan than of some other epochal cases, especially those cases that continue to have a powerful political valence. Brown v. Board of Education, in particular, which will mark its sixtieth anniversary this year, continues to provoke fierce debates about its meaning and, in a deeper sense, its ownership. Sullivan is unquestionably one of the most important decisions in First Amendment jurisprudence. It has certainly produced debate. But arguments about Sullivan generally focus on …
Journalism Standards And "The Dark Arts": The U.K.'S Leveson Inquiry And The U.S. Media In The Age Of Surveillance, Lili Levi
Georgia Law Review
In July 2011, the British newspaper The Guardian reported that journalists and private investigators working for Rupert Murdoch's tabloid News of the World had hacked into the mobile phone messages of teenage murder victim Milly Dowler after her reported abduction in 2002, thereby giving her parents and friends the false hope that she had accessed her phone and was still alive. While journalistic "dark arts"-such as phone hacking, covert surveillance, blagging had been used by the British tabloid press vis-A-vis celebrities and public persons for some time without triggering much press interest or public outrage, the Dowler story enraged the …
Citizen-Critics, Citizen Journalists, And The Perils Of Defining The Press, William E. Lee
Citizen-Critics, Citizen Journalists, And The Perils Of Defining The Press, William E. Lee
Georgia Law Review
Media lawyers frequently describe New York Times Co. v. Sullivan as a great win for the press. Certainly the Court's ruling saved the New York Times from financial ruin. However, four Alabama ministers active in the Southern Christian Leadership Conference (SCLC), Ralph D. Abernathy, Joseph E. Lowery, Fred L. Shuttlesworth, and S.S. Seay Sr., were also targeted by Sullivan as defendants. Despite testimony that the ministers had not authorized the use of their names in the advertisement, "Heed Their Rising Voices," and learned of the ad only when Sullivan asked them for a retraction, the jury found each liable for …
Fast Forward Fifty Years: Protecting Uninhibited, Robust, And Wide-Open Debate After New York Times Co. V. Sullivan, Amy K. Sanders
Fast Forward Fifty Years: Protecting Uninhibited, Robust, And Wide-Open Debate After New York Times Co. V. Sullivan, Amy K. Sanders
Georgia Law Review
In September 2013, California Governor Jerry Brown signed into law SB 606, criminalizing attempts to photograph or videotape a child if the reason for doing so was because the child's parent is a celebrity or public official. Not surprisingly, the measure garnered significant support from Hollywood's elite, including legislative testimony from actress-moms Halle Berry and Jennifer Garner. Against the outcry of the California Broadcasters Association and the California Newspaper Publishers Association, the California Legislature approved the measure, which raises current penalties for first-time offenders to one year of incarceration and/or a $10,000 fine (up from a maximum of six months …
Liability For Massive Online Leaks Of National Defense Information, Rodney A. Smolla
Liability For Massive Online Leaks Of National Defense Information, Rodney A. Smolla
Georgia Law Review
Imagine that a group of activist American journalists and lawyers launch a new Internet site called "AmeriLeaks." The site is incorporated as a nonprofit organization with its principal place of business in Washington, D.C. The announced purpose of the site is to provide an American alternative to the WikiLeaks site led by Julian Assange. AmeriLeaks encourages whistleblowers across the United States to post documents on the site exposing corruption and crime in government, with an emphasis on American foreign policy and national security issues. "American universities have launched Moocs-Massive Open Online Courses-and we are now launching a site for American …
In New York Times Co. V. Sullivan, The Supreme Court Got It Right Then- And Now, David G. Savage
In New York Times Co. V. Sullivan, The Supreme Court Got It Right Then- And Now, David G. Savage
Georgia Law Review
On April 5, 1960, Ray Jenkins, a city editor for the Alabama Journal,the afternoon paper in Montgomery, was having lunch at his desk and skimming through the old papers that had piled up. They included a week-old copy of the New York Times. He spotted an item that had a local angle, and he wrote a thirteen-paragraph story for that day's paper. "Sixty prominent liberals, including [former First Lady] Eleanor Roosevelt, have signed a full page advertisement in the New York Times appealing for contributions to 'The Committee to Defend Martin Luther King and the Struggle for Freedom in the …
Scandal! Early Supreme Court News Coverage And The Justice-Journalist Divide, Amy Gajda
Scandal! Early Supreme Court News Coverage And The Justice-Journalist Divide, Amy Gajda
Georgia Law Review
In January of 1900, United States Supreme Court Associate Justice Henry Brown (author of Plessy v. Ferguson) had apparently just about had it with the press. He gave what was called "[t]he principal address" before members of the New York State Bar Association in Albany and focused not principally on law, but on what he called journalism's sensationalistic methods.' "Ugly stories are told," he told the gathered attorneys, "of spies put upon houses to unearth domestic scandals or upon the steps of public men to ferret out political secrets," including early reports of court decisions. The greatest of the cruelties …
The Impact Of Clapper V. Amnesty International Usa On The Doctrine Of Fear-Based Standing, Amanda M. Mcdowell
The Impact Of Clapper V. Amnesty International Usa On The Doctrine Of Fear-Based Standing, Amanda M. Mcdowell
Georgia Law Review
The Supreme Court's 2013 decision in Clapper v. Amnesty International USA dealt with the government's electronic surveillance authority under the Foreign Intelligence SurveillanceAct (FISA) Amendments. In a 5- 4 opinion, the Court held that a variety of U.S. persons, including attorneys and media organizations, did not have standing to challenge the constitutionality of the FISA Amendments because the plaintiffs' fear of future unlawful surveillance was not "certainly impending." Depending on how lower courts choose to interpret Clapper, the decision could have a significant impact on the doctrine of fear-based standing, which allows plaintiffs to establish standing based on fear of …
The Dangers Of Press Clause Dicta, Ronnell A. Jones
The Dangers Of Press Clause Dicta, Ronnell A. Jones
Georgia Law Review
If an attorney, scholar, or citizen opened the 448th volume of the U.S. Reports to page 573, she would find herself midway through a case captioned Richmond Newspapers, Inc. v. Virginia. Context would make clear that the case was brought by a newspaper that wished to report on a criminal trial but was precluded from doing so when the trial judge closed the proceedings. The tenor of the analysis would foreshadow that the newspaper was on its way to a 7-1 victory and a holding that gave it the access it sought to the judicial proceeding. And the tone of …