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Full-Text Articles in Law
Toleration Of Free Speech: Imposing Limits On Elected Officials, Amos N. Guiora
Toleration Of Free Speech: Imposing Limits On Elected Officials, Amos N. Guiora
Utah Law Faculty Scholarship
Tolerance is a nuanced issue, inevitably raising concerns regarding tolerant of what and whom. There is a sense of subjective judgment in the tolerance-intolerance debate; the terminology reflects particular norms, mores, customs, and traditions. What one might perceive as a healthy and tolerable challenging of existing acceptable “ways,” another would not tolerate because of the very challenge it poses to society. That split between tolerance-intolerance applies to both speech and conduct. It reflects everyday tensions, challenges, and conflict. In examining the tolerance-intolerance debate in the speech context there are a number of assumptions integral to a robust, liberal democracy: the …
Unspoken Criticism: Audiovisual Forms Of Critique As Fair Use, Alec Fisher
Unspoken Criticism: Audiovisual Forms Of Critique As Fair Use, Alec Fisher
Kernochan Center for Law, Media, and the Arts
This Note argues that the traditional legal framework for analyzing a work of alleged criticism as fair use is particularly constraining for YouTube reaction videos and other audiovisual forms of criticism that largely critique or comment on an original work in a non-spoken, visual manner. It discusses the emphasis that the current fair use jurisprudence places on spoken and written critical elements when undertaking a fair use analysis of a work of criticism, then advocates for a new conception of fair use criticism that incorporates film-specific analytical techniques and concepts when analyzing the critical elements of online audiovisual works. Part …