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Full-Text Articles in Law
Public Confidence Laws Gone Awry: A Modern Circuit Split Reveals That Some Federal Courts Manipulate Standing Rules To Promulgate Severe First Amendment Restrictions On The Spouses And Children Of Public Employees, Nicholas R. Farrell
Vanderbilt Law Review
Federal courts in the United States have consistently upheld the constitutional doctrine that "[t]he essential rights of the First Amendment in some instances are subject to the elemental need for order without which the guarantees of civil rights to others would be a mockery." Given the central role of government workers in maintaining that order, the First Amendment rights of public employees have been particularly susceptible to restriction. For example, in 1940, Congress enacted the Hatch Act, which declared unlawful certain political activities of federal employees. Specifically, section nine of the Act prohibited officers and employees in the executive branch …
Defamation Law And Free Speech: Reynolds V. Times Newspapers And The English Media, Andrew T. Kenyon, David F. Partlett, Clive P. Walker
Defamation Law And Free Speech: Reynolds V. Times Newspapers And The English Media, Andrew T. Kenyon, David F. Partlett, Clive P. Walker
Vanderbilt Journal of Transnational Law
The common law of defamation cut the balance between speech and reputation decisively in favor of reputation and allowed for the imposition of significant damages against media outlets that defamed. For the last four decades, U.S. media outlets have been insulated against the common law rules by the United States Supreme Court's landmark decision in New York Times Co. v. Sullivan. Following Sullivan, Commonwealth countries clung steadfastly to common law rules and are only now beginning to modify the common law rules to provide speech and media protections. Rather than following Sullivan by adopting constitutional protections, however, Commonwealth courts have …
Adult Entertainment And The First Amendment: A Dialogue And Analysis With The Industry's Leading Litigator, Clay Calvert, Robert D. Richards
Adult Entertainment And The First Amendment: A Dialogue And Analysis With The Industry's Leading Litigator, Clay Calvert, Robert D. Richards
Vanderbilt Journal of Entertainment & Technology Law
This article gives Cambria the legal spotlight, at a time when conservatives control the White House and Congress, to discuss the never-ending tension between the First Amendment freedom of speech, which sometimes, although certainly not always, protects the $10 billion adult entertainment industry in the United States and the voices of censorship who would squelch such content. It is a tension that clearly affects many people, given the sheer popularity of sexually explicit speech and the mainstreaming today of adult content; sales and rentals of adult videos in 2002 totaled more than $4 billion, according to the Adult Video News. …
Typosquatters, The Tactical Fight Being Waged By Corporations, And Congress' Attempt To Fight Back In The Criminal Arena, David A. Gusewelle
Typosquatters, The Tactical Fight Being Waged By Corporations, And Congress' Attempt To Fight Back In The Criminal Arena, David A. Gusewelle
Vanderbilt Journal of Entertainment & Technology Law
Part II of this Note presents an overview of domain names as well as a general overview of cybersquatting and trademarks. Part III analyzes some of the measures Congress has taken against cybersquatting and the case law under those measures. Part IV gives a general overview of typosquatters, who constitute a subgroup of cybersquatters. Part V discusses the TDNA and issues that have been addressed through U.S. v. Zuccarini. Part VI asks whether the TDNA is an unconstitutional restriction on free speech. Part VII questions whether criminal liability is appropriate and argues for a higher culpability standard in § 2252(B)(b) …