Law Commons^™

Racist Speech, Outsider Jurisprudence, And The Meaning Of America, Steven H. Shiffrin

Cornell Law Faculty Publications

Section 6: First Amendment, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Antitrust And First Amendment Implications Of Professional Real Estate Investors, Gary Myers

Faculty Publications

This article begins with a discussion of the development of Noerr-Pennington immunity as it applies to litigation behavior. Parts III and IV describe the litigation in Professional Real Estate Investors and then analyze the effect of this new decision on predatory litigation law. Part V discusses possible ramifications of the case for other areas of federal and state law in which subjective intent is the sole keystone for the imposition of liability on petitioning activity. Because Professional Real Estate Investors interprets the First Amendment to preclude antitrust liability in these cases, other laws that deter bad faith litigation may no …

Virtual Constitutions: The Creation Of Rules For Governing Private Networks, Michael I. Meyerson

All Faculty Scholarship

This article discusses the legal issues involving the owners of private computer networks. These issues include public/private network distinctions, First Amendment free speech issues, liability for computer network owners for improper speech posted on their networks, and anti-trust questions. The article analyzes the complexities that result from different forms of network ownership and the relationship of such networks to governmental entities.

The Politics Of The Mass Media And The Free Speech Principle, Steven H. Shiffrin

Cornell Law Faculty Publications

Fight Muhammad's 'Secret' With Facts, Kenneth Lasson

All Faculty Scholarship

No abstract provided.

Laws Intentionally Favoring Mainstream Religions: An Unhelpful Comparison To Race, Gary J. Simson

Cornell Law Faculty Publications

No abstract provided.

A Response To Professor Choper: Laying Down Another Ladder, Sheri Lynn Johnson

Cornell Law Faculty Publications

No abstract provided.

Letter To Ken Yalowitz, Esq., Wendy J. Gordon

Scholarship Chronologically

I hope you received the fax I sent with the material by Mark Rose discussing the linkages between paper money and art.

The First Amendment And Fcc Rule Making Under The 1992 Cable Act, Michael I. Meyerson

All Faculty Scholarship

This Article explores the First Amendment implications of the Federal Communication Commission's (FCC) regulations issued under the Cable Television Consumer Protection and Competition Act of 19921 (1992 Cable Act). The 1992 Cable Act imposes numerous requirements that are beyond the scope of this Article. This Article analyzes only the FCC's exercise of rule making discretion under the 1992 Cable Act.

Additionally, it must be remembered that an under-staffed FCC was given an enormous amount of work to do within fixed time limits. Therefore, it must be expected that the rulemaking would be vulnerable to second-guessing. Nonetheless, whenever a governmental entity …

Hate Speech, Offensive Speech, And Public Discourse In America, Edward J. Eberle

Law Faculty Scholarship

In this article, Professor Eberle discusses several limitations on governmental power to regulate public discourse. After examining the United States Supreme Court decisions of R.A.V. v. City of St. Paula nd Wisconsin v. Mitchell, Professor Eberle concludes that government should refrain from regulating speech itself. Rather, any restrictions should focus strictly on the problematic conduct underlying the speech which justifies regulation. Professor Eberle also concludes that the Court has implicitly recognized two distinct subcategories of "content" discrimination and viewpoint discrimination. Both subcategories are presumptively unconstitutional and nominally subject to conventional strict scrutiny. The Court, however, finds viewpoint discrimination more dangerous …

Sullivan's Paradox: The Emergence Of Judicial Standards Of Journalism, Brian C. Murchison

Scholarly Articles

In this article, the authors examine the development of libel law in America since the Supreme Court's watershed decision in New York Times Co. v. Sullivan and suggest that Sullivan affords members of the press less protection than many think. Sullivan's actual malice standard invites judges to create norms of acceptable journalistic conduct for news gathering, which members of the press and their lawyers use as maps to navigate around libel liability. The authors examine a large number of these judicial decisions and note the types of journalistic conduct at issue and what conduct the courts view positively. The authors …

The Pornographic State, David Skover, Ronald Collins

Faculty Articles

Written as a contribution to the Harvard Symposium on Changing Images of the State, this article explores the realm of Pornotopia, a republic of images, the state that liberal America aspires to be. Imagine a nation in which there is little or no discord about pornography because there is little or no meaningful discourse about it. Imagine a nation in which people gladly trade the reality of human beings for images of that reality, a "virtual reality." Imagine a nation in which there is erotic self­expression but little or no communal expression. Imagine a nation in which sexual war and …

Courts Take Close Look At Adult Use Regs, Alan C. Weinstein

Law Faculty Articles and Essays

Regulations imposed on "adult businesses" by state or local government raise serious constitutional issues because the First Amendment's guarantee of freedom of expression extends to sexually oriented media. This article provides an update on recent adult business cases dealing with locational restrictions, public indecency laws, licensing requirements, and public health regulations.

Maintaining Order In The Post-Strike Workplace: Employee Expression And The Scope Of Section 7, Lyrissa Lidsky

Faculty Publications

In the aftermath of a typical strike, management often seeks to restore order to the workplace by imposing restrictions on employee expression. Although in principle employee expression is protected by section 7 of the National Labor Relations Act, courts, relying on outdated notions of workplace organization, often accept ad hoc management justifications for restrictions on employee expression. The author argues that after a strike, it is crucial for employees to be able to express their grievances or vent their frustrations at exactly the same time that employers feel it necessary to restrict expression as a way of re-imposing order in …

A Matter Of Opinion: Milkovich Four Years Later, Kathryn D. Sowle

Articles

No abstract provided.

Speaking Of Race, Speaking Of Sex: Hate Speech, Civil Rights, And Civil Liberties, Nadine Strossen

Articles & Chapters

No abstract provided.

Feminist Jurisprudence And Free Speech Theory, Susan H. Williams

Articles by Maurer Faculty

No abstract provided.

Different Religions, Different Politics: Evaluating The Role Of Competing Religious Traditions In American Politics And Law, Daniel O. Conkle

Articles by Maurer Faculty

In addressing the role of religion in politics and law, American political theory has strongly embraced the principle of religious equality. In this article, I explain how this principle has evolved and how it has nourished the privatization of religion and the secularization of public discourse by generating the view that public evaluations of religion are inappropriate. Under this view, religion is a private good that lacks public significance. As matters merely of private taste, matters that cannot be evaluated publicly, religious positions on political issues are not to be "imposed" on other citizens.

I challenge this reading of the …

The Trivilization Of Religion, Reveiwing Stephen L. Carter, The Culture Of Disbelief: How American Law And Politics Trivialize Religious Devotion (1993), Leslie C. Griffin

Scholarly Works

No abstract provided.

Democratic Credentials, Donald J. Herzog

Articles

We've made a mistake, urges Bruce Ackerman. We've failed to notice, or have forgotten, that ours is a dualist democracy: ordinary representatives passing their statutes are in fact the democratic inferiors of We the People, who at rare junctures appear on the scene and affirm new constitutional principles. (Actually, he claims in passing that we have a three-track democracy.)' Dwelling lovingly on dualism, Ackerman doesn't quite forget to discuss democracy, but he comes close. I want to raise some questions about the democratic credentials of Ackerman's view. Not, perhaps, the ones he anticipates. So I don't mean to argue that …

The Constitutionality Of Enjoining Criminal Street Gangs As Public Nuisances, Christopher S. Yoo

All Faculty Scholarship

California jurisdictions have increasingly used injunctions to combat the growth criminal street gangs. The use of civil sanctions to redress criminal activity raises difficult constitutional questions, potentially creating personal criminal codes that may infringe upon defendants’ substantive constitutional rights. In addition, employing civil remedies may deprive defendants of constitutional procedural protections that would have been provided if the jurisdiction had elected to deter the same behavior with available criminal sanctions. Although the use of injunctions places pressure on a number of substantive constitutional rights, including the freedom of association, freedom of expression, right to travel, the injunction terms will likely …

Free Speech And The Widening Gyre Of Fund-Raising: Why Campaign Spending Limits May Not Violate The First Amendment After All Symposium On Campaign Finance Reform, Vincent A. Blasi

Faculty Scholarship

Candidates for office spend too much of their time raising money. This is scarcely a controversial proposition. A major impetus for campaign finance reform is the frustration politicians now feel concerning how much time they must devote to courting potential donors, often by methods borrowed from the marketplace that can only be described as demeaning. The situation has gotten worse as electoral merchandising has grown ever more sophisticated and expensive.

Voice In Government: The People, Emily Calhoun

Publications

No abstract provided.