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Articles 1 - 12 of 12

Full-Text Articles in Law

Anticompetitive Data Dissemination In The Medical Profession: The Conflict Between The Sherman Act And The First Amendment, Michael R. Young Dec 1980

Anticompetitive Data Dissemination In The Medical Profession: The Conflict Between The Sherman Act And The First Amendment, Michael R. Young

Duke Law Journal

No abstract provided.


Advertising The Economics Of High Jury Awards: The Insurance Industry's Bid For Prospective Jurors To Tighten Their Purse Strings Sep 1980

Advertising The Economics Of High Jury Awards: The Insurance Industry's Bid For Prospective Jurors To Tighten Their Purse Strings

Washington and Lee Law Review

No abstract provided.


Protective Orders Prohibiting Dissemination Of Discovery Information: The First Amendment And Good Cause, Donald J. Rendall Jr. Sep 1980

Protective Orders Prohibiting Dissemination Of Discovery Information: The First Amendment And Good Cause, Donald J. Rendall Jr.

Duke Law Journal

No abstract provided.


Toward A Constitutional Theory Of Expression: The Copyright Clause, The First Amendment, And Protection Of Individual Creativity, Jacqueline Shapiro Jul 1980

Toward A Constitutional Theory Of Expression: The Copyright Clause, The First Amendment, And Protection Of Individual Creativity, Jacqueline Shapiro

University of Miami Law Review

The author presents a unique theory of personal expression under the Constitution, which posits that underlying the first amendment and the copyright clause is the principle that the public good requires encouragement, not suppression, of individual expression. Historically, decisions undermining authors' copyrights in favor of other social goals discouraged the creativity necessary for cultural development, and Congress and the courts responded by increasing the protection of authors and expanding the domain of copyrightable works. Similarly, official proscription of commercial and offensive speech for less than the most urgent social needs threatens to inhibit the creative spirit protected by the first …


Civilizing Public Discourse: An Essay On Professor Bickel, Justice Harlan, And The Enduring Significance Of Cohen V. California, Daniel A. Farber Apr 1980

Civilizing Public Discourse: An Essay On Professor Bickel, Justice Harlan, And The Enduring Significance Of Cohen V. California, Daniel A. Farber

Duke Law Journal

No abstract provided.


The First Amendment And The Free Press: A Comment On Some New Trends And Some Old Theories, William W. Van Alstyne Jan 1980

The First Amendment And The Free Press: A Comment On Some New Trends And Some Old Theories, William W. Van Alstyne

Faculty Scholarship

Responding to the trend of media rights being subjugated through the legal process, this article examines Justice Stewart's suggestion that the media should be treated with extra deference in First Amendment cases. This examination looks at the sufficiency of the press's claim of judicial harshness, whether the press should be treated differently than other speakers, and also compares press freedom in foreign nations.


Fighting Words As Free Speech, Stephen W. Gard Jan 1980

Fighting Words As Free Speech, Stephen W. Gard

Law Faculty Articles and Essays

It is now settled that "above all else, the first amendment means that government has no power to restrict expression because of its message, its ideas, its subject matter, or its content." Despite the universal acceptance of this general principle, the United States Supreme Court has created several exceptions. In appropriate cases libel, obscenity, commercial speech, and offensive language may be censored without contravention of the first amendment guarantee of freedom of expression. The source of each of these exceptions to the general principle of governmental neutrality regarding the content of expression is Chaplinsky v. New Hampshire.


There May Be Harm In Asking: Homosexual Solicitations And The Fighting Words Doctrine, Thomas E. Lodge Jan 1980

There May Be Harm In Asking: Homosexual Solicitations And The Fighting Words Doctrine, Thomas E. Lodge

Case Western Reserve Law Review

No abstract provided.


Case Notes, Santa Clara Law Review Jan 1980

Case Notes, Santa Clara Law Review

Santa Clara Law Review

No abstract provided.


The Free Speech-Fair Trial Controversy: D R 7-107 Jan 1980

The Free Speech-Fair Trial Controversy: D R 7-107

Washington and Lee Law Review

No abstract provided.


Rodriguez Revisited: Federalism, Meaningful Access, And The Right To Adequate Education, Penelope A. Prevolos Jan 1980

Rodriguez Revisited: Federalism, Meaningful Access, And The Right To Adequate Education, Penelope A. Prevolos

Santa Clara Law Review

No abstract provided.


Restrictions On Electric Utility Advertising, Michigan Law Review Jan 1980

Restrictions On Electric Utility Advertising, Michigan Law Review

Michigan Law Review

This Note reconsiders the constitutionality of New York's restriction on advertising by electric utilities. Section I explains how and why the Supreme Court's current analysis of the first amendment distinguishes commercial speech from other forms of speech. Section II looks at what protection is due commercial speech and weighs the competing interests in the specific context of utility advertising. The Note concludes that states may restrict utility advertising to encourage energy conservation.