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