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Full-Text Articles in Law
Finding A Fair Balance For The Right Of Publicity And First Amendment Protections, Christine Digregorio
Finding A Fair Balance For The Right Of Publicity And First Amendment Protections, Christine Digregorio
Touro Law Review
No abstract provided.
The Electronic Media And The Flight From First Amendment Doctrine: Justice Breyer's New Balancing Approach, Jerome A. Barron
The Electronic Media And The Flight From First Amendment Doctrine: Justice Breyer's New Balancing Approach, Jerome A. Barron
University of Michigan Journal of Law Reform
Contemporary First Amendment issues in cases involving the electronic media transcend traditional conflicts between the government and the speaker. The speaker is not easy to identify. Listeners, programmer and medium operators or distributors all have competing claims to First Amendment protection. To determine whose interests shall prevail, courts increasingly seek a methodology that accounts for these warring interests. Justice Breyer, along with Justice Souter and, in some respects, Justice Stevens, have been instrumental in reviving balancing as a First Amendment approach in these situations.
In two recent First Amendment cable television cases Turner Broadcasting System, Inc. v. FCC (Turner II) …
Balancing Freedom Of Speech, David S. Bogen