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Full-Text Articles in Law
Courthouses, Bookshelves, And Portals: The Implications Of U.S. V. American Library Association On First Amendment Forum Analysis And Future Internet-Based Litigation Strategies, Alexandra R. Harrington
Courthouses, Bookshelves, And Portals: The Implications Of U.S. V. American Library Association On First Amendment Forum Analysis And Future Internet-Based Litigation Strategies, Alexandra R. Harrington
Oklahoma Journal of Law and Technology
No abstract provided.
Www.Obscenity.Com: An Analysis Of Obscenity And Indecency Regulation Of The Internet, Kelly M. Doherty
Www.Obscenity.Com: An Analysis Of Obscenity And Indecency Regulation Of The Internet, Kelly M. Doherty
Akron Law Review
This comment explores the constitutionality of federal regulations as applied to Internet content and alternatives to government regulation. Part II provides background on the Internet, First Amendment obscenity and indecency law as applied to communications media, and past and current legislation enacted to regulate Internet content. Part III analyzes the constitutionality of COPA, and discusses why other alternatives are more effective and preferable to government regulation. Part IV concludes that protecting children from harmful Internet content is the responsibility of parents, and therefore, Internet regulation should begin at home.
The Not-So-Risky Business Of High-End Escorts And The Internet In The 21st Century, Robert Rigg
The Not-So-Risky Business Of High-End Escorts And The Internet In The 21st Century, Robert Rigg
Richmond Journal of Law & Technology
Prostitution is often referred to as “the world’s oldest profession.” It is defined as “[t]he act or practice of engaging in sexual activity for money or its equivalent.” As a service industry, it fulfills specific human desires. Nevertheless, most states condemn and criminalize both the act of prostitution and those who solicit such services.
Toward A Constitutional Regulation Of Minors' Access To Harmful Internet Speech, Dawn C. Nunziato
Toward A Constitutional Regulation Of Minors' Access To Harmful Internet Speech, Dawn C. Nunziato
Chicago-Kent Law Review
In this Article, Prof. Nunziato scrutinizes Congress's recent efforts to regulate access to sexually-themed Internet speech. The first such effort, embodied in the Communications Decency Act, failed to take into account the Supreme Court's carefully-honed obscenity and obscenity-for-minors jurisprudence. The second, embodied in the Child Online Protection Act, attended carefully to Supreme Court precedent, but failed to account for the geographic variability in definitions of obscene speech. Finally, the recently-enacted Children's Internet Protection Act apparently remedies the constitutional deficiencies identified in these two prior legislative efforts, but runs the risk of being implemented in a manner that fails to protect …
Protecting Children From Pornography On The Internet: Freedom Of Speech Is Pitching And Congress May Strike Out, Dawn S. Conrad
Protecting Children From Pornography On The Internet: Freedom Of Speech Is Pitching And Congress May Strike Out, Dawn S. Conrad
Richmond Journal of Law & Technology
The Internet provides the First Amendment’s “freedom of speech” with a world of opportunity. Any person with access to the Internet may take advantage of a wide variety of information and communication methods. This unique medium, known to its users as cyberspace, is located in no particular geographical location and has no centralized control point, but is available to anyone, anywhere in the world with access." In the past twenty years, the Internet, a network of connected computers, has experienced extraordinary growth. The number of “host” computers, or those that store information and relay communications, increased between the years of …
The U.S. Supreme Court Addresses The Child Pornography Prevention Act And Child Online Protection Act In Ashcroft V. Free Speech Coalition And Ashcroft V. American Civil Liberties Union, Sue Ann Mota
Federal Communications Law Journal
Both the Child Pornography Prevention Act ("CPPA") and the Child Online Protection Act ("COPA") were intended by Congress to protect minors. The CPPA was intended to protect minors from the harmful effects of virtual child pornography. The COPA was intended to protect minors from pornography currently available commercially on the World Wide Web. However, in 2002, the U.S. Supreme Court addressed the constitutionality of both statutes: The Court struck down sections of the CPPA as overbroad and unconstitutional in Ashcroft v. Free Speech Coalition. In Ashcroft v. ACLU, the Court upheld some sections of COPA as not unconstitutionally overbroad, but …
Aclu V. Reno: Congress Places Speed Bumps On The Information Superhighway, Dharmesh S. Vashee
Aclu V. Reno: Congress Places Speed Bumps On The Information Superhighway, Dharmesh S. Vashee
Richmond Journal of Law & Technology
In 1996, Congress passed the Communications Decency Act ("CDA") in an effort to regulate indecent speech on the Internet. Through the CDA, Congress sought to protect children from easily accessible, harmful materials on the Internet. In spirit, the law had noble intentions; however, on its face, the CDA raised serious constitutional questions and was immediately challenged by First Amendment advocates in ACLU v. Reno ("Reno I"). Using broad and vague terms such as "indecent" and "patently offensive," the CDA threatened to restrict adult access to a tremendous amount of speech that was constitutionally protected. Additionally, through the imposition of criminal …
You Can't Always Get What You Want: Government's Good Intentions V. The First Amendment's Prescribed Freedoms In Protecting Children From Sexually-Explicit Material On The Internet, Abbigale E. Bricker
You Can't Always Get What You Want: Government's Good Intentions V. The First Amendment's Prescribed Freedoms In Protecting Children From Sexually-Explicit Material On The Internet, Abbigale E. Bricker
Richmond Journal of Law & Technology
Once a small and diverse community of a handful of government computers, the Internet has expanded to an estimated 157 million users worldwide. According to current studies, the fastest growing user populations on the Internet are thirteen to eighteen year-olds and five to twelve year-olds. In addition, the latest "research . . . predicts that the number of children online [will increase] by 155% between 1998 and 2002."
Strike Two: An Analysis Of The Child Online Protection Act’S Constitutional Failures, Heather L. Miller
Strike Two: An Analysis Of The Child Online Protection Act’S Constitutional Failures, Heather L. Miller
Federal Communications Law Journal
Congress's first attempt to regulate minors' access to sexually explicit material via the Internet failed. Congress responded with the Child Online Protection Act, which, despite its narrower scope, cannot withstand constitutional scrutiny. This Notes delves into the constitutionality of Congress's second attempt by addressing the difficulty of applying the vague "harmful to minors" definition to the Internet medium and the economic and technological unavailability of the Act's affirmative defenses. This Note concludes with an explanation as to why legislation is an ineffective mechanism to address the problem of minors' access to online pornography.
Zoning Speech On The Internet: A Legal And Technical Model, Lawrence Lessig, Paul Resnick
Zoning Speech On The Internet: A Legal And Technical Model, Lawrence Lessig, Paul Resnick
Michigan Law Review
Speech, it is said, divides into three sorts - (1) speech that everyone has a right to (political speech, speech about public affairs); (2) speech that no one has a right to (obscene speech, child porn); and (3) speech that some have a right to but others do not (in the United States, Ginsberg speech, or speech that is "harmful to minors," to which adults have a right but kids do not). Speech-protective regimes, on this view, are those where category (1) speech predominates; speech-repressive regimes are those where categories (2) and (3) prevail. This divide has meaning for speech …