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Articles 1 - 30 of 37
Full-Text Articles in Law
A Law Antecedent And Paramount, Fred H. Cate
A Law Antecedent And Paramount, Fred H. Cate
Federal Communications Law Journal
No abstract provided.
The Sensitive Society, James F. Fitzpatrick
The Sensitive Society, James F. Fitzpatrick
Federal Communications Law Journal
No abstract provided.
Jefferson On The Internet, Nicholas Johnson
Jefferson On The Internet, Nicholas Johnson
Federal Communications Law Journal
No abstract provided.
Lamb's Chapel V. Center Moriches Union Free School District, 113 S. Ct. 2141 (1993), John E. Burgess
Lamb's Chapel V. Center Moriches Union Free School District, 113 S. Ct. 2141 (1993), John E. Burgess
Vanderbilt Law Review
The First Amendment to the United States Constitution provides the primary foundation for the protection of several individual rights, including free speech and religious autonomy.' At times, how- ever, efforts to protect these rights appear to conflict with competing restraints on state action. The drafters of the First Amendment's Religion Clauses, for example, sought to guarantee religious freedom while maintaining a separation between church and state. The goal or of the press; or the right of the people peaceably to assemble, and to petition the Government for redress of grievances."
Virtual Constitutions: The Creation Of Rules For Governing Private Networks, Michael I. Meyerson
Virtual Constitutions: The Creation Of Rules For Governing Private Networks, Michael I. Meyerson
All Faculty Scholarship
This article discusses the legal issues involving the owners of private computer networks. These issues include public/private network distinctions, First Amendment free speech issues, liability for computer network owners for improper speech posted on their networks, and anti-trust questions. The article analyzes the complexities that result from different forms of network ownership and the relationship of such networks to governmental entities.
Commentary On Adrian Cronauer's "The Fairness Doctrine", Robert P. Rhodes
Commentary On Adrian Cronauer's "The Fairness Doctrine", Robert P. Rhodes
Federal Communications Law Journal
Symposium: The Transformation of Television News
The First Amendment And The Protection Of Unfair Speech, Barbara Mcdowell
The First Amendment And The Protection Of Unfair Speech, Barbara Mcdowell
Federal Communications Law Journal
Symposium: The Transformation of Television News
Fairness And The Public Trustee Concept: Time To Move On, Henry Geller
Fairness And The Public Trustee Concept: Time To Move On, Henry Geller
Federal Communications Law Journal
Symposium: The Transformation of Television News
The Fairness Doctrine: A Solution In Search Of A Problem, Adrian Cronauer
The Fairness Doctrine: A Solution In Search Of A Problem, Adrian Cronauer
Federal Communications Law Journal
The "Fairness Doctrine" refers to a former policy of the Federal Communications Commission wherein a broadcast station which presented one viewpoint on a controversial public issue had to afford the opposing viewpoint an opportunity to be heard. The FCC ceased to enforce the doctrine in 1987, reasoning that the doctrine actually decreased the viewpoints heard by discouraging broadcasters from covering controversial issues out of fear of censure by the FCC. The Author explores the historical development of the Fairness Doctrine and examines the flaws with the different rationales upon which the doctrine is based. The Autho concludes that today's marketplace …
The Indiana Supreme Court's Emerging Free Speech Doctrine, Daniel O. Conkle
The Indiana Supreme Court's Emerging Free Speech Doctrine, Daniel O. Conkle
Indiana Law Journal
Free Speech and the Indiana Constitution: First Thoughts on Price v. State
The Politics Of The Mass Media And The Free Speech Principle, Steven Shiffrin
The Politics Of The Mass Media And The Free Speech Principle, Steven Shiffrin
Indiana Law Journal
No abstract provided.
Wisconsin V. Mitchell: The End Of Hate Crimes Or Just The End Of The First Amendment, Lisa M. Stozek
Wisconsin V. Mitchell: The End Of Hate Crimes Or Just The End Of The First Amendment, Lisa M. Stozek
Northern Illinois University Law Review
This note examines Wisconsin v. Mitchell, wherein the United States Supreme Court ruled that the Constitution does not forbid "hate crime statutes" which lengthen the sentence of a criminal defendant for committing a bias-motivated crime. The author identifies a long line of First Amendment cases that are arguably contradictory to the Court's holding and examines the potential impact the decision's limit on free expression may have on society and free speech. The author concludes that while the Court's goal of suppressing hate crimes was admirable, the decision treads dangerously close to criminalizing speech and thought.
A Critique Of An Illegal Conduct Limitation On The Reporters' Privilege Not To Testify, Leslie A. Warren
A Critique Of An Illegal Conduct Limitation On The Reporters' Privilege Not To Testify, Leslie A. Warren
Federal Communications Law Journal
The First Amendment is commonly interpreted to allow reporters a qualified privilege not to testify. By compelling testimony only where the party requesting the information meets the elements of a three-part test, a court balances the interests of the requesting party with those of the reporter. The court in United States v. Sanusi applied this traditional test and found that the defendant met the elements. However, the court also added a new restriction on the privilege. This Note argues that the additional limitation, requiring that the court be confident that the privilege not be "justifying otherwise illegal conduct," is an …
Commercial Speech Suffers A First Amendment Blow In United States V. Edge Broadcasting Co., Tara Lavery
Commercial Speech Suffers A First Amendment Blow In United States V. Edge Broadcasting Co., Tara Lavery
Northern Illinois University Law Review
This note examines the United States Supreme Court decision upholding the federal anti-lottery statutory scheme as constitutional under the First Amendment. The author contends that the Court disregarded precedent which established intermediate scrutiny as the standard of review when determining the constitutionality of restrictions on commercial speech. The Court utilized a mere rationality review, by deferring to legislative policies that at one time served an important interest, but no longer substantiate a complete ban on the free flow of truthful commercial information.
R.A.V. V. City Of St. Paul: The Continuing Confusion Of The Fighting Words Doctrine, Melody L. Hurdle
R.A.V. V. City Of St. Paul: The Continuing Confusion Of The Fighting Words Doctrine, Melody L. Hurdle
Vanderbilt Law Review
Communication contributes to the marketplace of ideasI which is the only way to promote the discovery of truth in society. The importance of communication has led the United States Supreme Court to herald freedom of expression as "the matrix, the indispensable condition, of nearly every other form of freedom." Indeed, the Court protects few other constitutional rights with such fervor. First Amendment protection is not absolute, however, and the United States Supreme Court consistently has asserted that certain forms or classes of expression may be regulated without violating the Constitution. Generally speaking, the Court has carved exceptions to First Amendment …
A Precarious Path: The Bill Of Rights After 200 Years, Tony A. Freyer
A Precarious Path: The Bill Of Rights After 200 Years, Tony A. Freyer
Vanderbilt Law Review
The Bill of Rights occupies an ambiguous place in American society. Americans favor the Bill of Rights in principle, but when asked whether they support particular rights guarantees for real-life practices such as gun ownership, capital punishment, abortion, and flag burning, Americans fervently and profoundly disagree. The essays David J. Bodenhamer and James W. Ely, Jr. have compiled in The Bill of Rights in Modern America After 200 Years, richly suggest why Americans have reconciled principle and practice with such difficulty. Written for a popular audience by specialists who possess a profound knowledge of and differing views concerning the technical …
Panel Iii: Cable Versus The Telephone Companies: Can Telephone Companies Be Constitutionally Barred From Delivering Video Programming? , David E. Bronston, James J. Gilligan, Mark C. Hansen, Joseph A. Post
Panel Iii: Cable Versus The Telephone Companies: Can Telephone Companies Be Constitutionally Barred From Delivering Video Programming? , David E. Bronston, James J. Gilligan, Mark C. Hansen, Joseph A. Post
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Constitutionality Of Current Crime Victimization Statutes: A Survey , Debra A. Shields
The Constitutionality Of Current Crime Victimization Statutes: A Survey , Debra A. Shields
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Panel I: The Changing Landscape Of First Amendment Jurisprudence In Light Of The New Communications And Media Alliances, J. Richard Devlin, Theodore C. Hirt, Andrew A. Merdek
Panel I: The Changing Landscape Of First Amendment Jurisprudence In Light Of The New Communications And Media Alliances, J. Richard Devlin, Theodore C. Hirt, Andrew A. Merdek
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Panel Ii: Cable Versus Broadcast Tv: The “Must Carry” Provisions Of The Cable Television Consumer And Competition Act Of 1992, Marc Apfelbaum, Gregory Buscarino, Steven J. Hyman, Robert D. Joffe
Panel Ii: Cable Versus Broadcast Tv: The “Must Carry” Provisions Of The Cable Television Consumer And Competition Act Of 1992, Marc Apfelbaum, Gregory Buscarino, Steven J. Hyman, Robert D. Joffe
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Panel Iv: Censorship Of Cable Television’S Leased And Public Access Channels, Majorie Heins, James N. Horwood, Robert T. Perry, Michael Sitcov
Panel Iv: Censorship Of Cable Television’S Leased And Public Access Channels, Majorie Heins, James N. Horwood, Robert T. Perry, Michael Sitcov
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Restricting The Right Of Correspondence In The Prison Context: Thornburgh V. Abbott And Its Progeny, Samuel J. Levine
Restricting The Right Of Correspondence In The Prison Context: Thornburgh V. Abbott And Its Progeny, Samuel J. Levine
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Our Conflicting Judgements About Pornography, Kent Greenfield
Our Conflicting Judgements About Pornography, Kent Greenfield
American University Law Review
No abstract provided.
Hate Speech, Offensive Speech, And Public Discourse In America, Edward J. Eberle
Hate Speech, Offensive Speech, And Public Discourse In America, Edward J. Eberle
Law Faculty Scholarship
In this article, Professor Eberle discusses several limitations on governmental power to regulate public discourse. After examining the United States Supreme Court decisions of R.A.V. v. City of St. Paula nd Wisconsin v. Mitchell, Professor Eberle concludes that government should refrain from regulating speech itself. Rather, any restrictions should focus strictly on the problematic conduct underlying the speech which justifies regulation. Professor Eberle also concludes that the Court has implicitly recognized two distinct subcategories of "content" discrimination and viewpoint discrimination. Both subcategories are presumptively unconstitutional and nominally subject to conventional strict scrutiny. The Court, however, finds viewpoint discrimination more dangerous …
Applying The First Amendment To Prayer In A Public University Locker Room: An Athlete's And Coach's Perspective, Gil Fried, Lisa Bradley
Applying The First Amendment To Prayer In A Public University Locker Room: An Athlete's And Coach's Perspective, Gil Fried, Lisa Bradley
Marquette Sports Law Review
No abstract provided.
Roulette V. City Of Seattle: A City Lives With Its Homeless, William M. Berg
Roulette V. City Of Seattle: A City Lives With Its Homeless, William M. Berg
Seattle University Law Review
This Note analyzes the Roulette holding with respect to prior decisions on begging and vagrancy. In addition, this Note discusses the sidewalk ordinance with respect to the efforts of other communities to control the detrimental effects of a growing homeless population. This Note concludes that the Roulette holding strikes a constitutionally valid doctrinal and jurisprudential middle ground between abandoning the streets to the homeless and driving them from the community. It is argued that the sidewalk ordinance is normatively valid, in that it sets a reasonable standard of conduct that meets commonly accepted norms of civility, serving to benefit the …
Voice In Government: The People, Emily Calhoun
Restricting The Right Of Correspondence In The Prison Context: Thornburgh V. Abbott And Its Progeny, Samuel J. Levine
Restricting The Right Of Correspondence In The Prison Context: Thornburgh V. Abbott And Its Progeny, Samuel J. Levine
Scholarly Works
In Thornburgh v. Abbott, the Supreme Court upheld the constitutionality of regulations that allowed prison officials to reject certain publications sent by publishers to prisoners. Finding the regulations reasonably related to legitimate penological interests, the Court for the first time applied a reasonableness standard to restrictions that directly affected the First Amendment rights of nonprisoners. Part I of this Note briefly reviews the instrumental Supreme Court decisions addressing First Amendment rights in the prison context. This Part traces the development of the standard of review for prison regulations that restrict First Amendment freedoms for both prisoners and nonprisoners. It concludes …
The Right Of Publicity Vs. The First Amendment: A Property And Liability Rule Analysis, Roberta Rosenthal Kwall
The Right Of Publicity Vs. The First Amendment: A Property And Liability Rule Analysis, Roberta Rosenthal Kwall
Indiana Law Journal
No abstract provided.
Krishna V. Lee Extricates The Inextricable: An Argument For Regulating The Solicitation In Charitable Solicitations, John Dziedzic
Krishna V. Lee Extricates The Inextricable: An Argument For Regulating The Solicitation In Charitable Solicitations, John Dziedzic
Seattle University Law Review
This Comment argues that, in the wake of the Supreme Court's decision in Society for Krishna Consciousness v. Lee, state and local regulations are more likely to pass federal constitutional muster if they regulate obnoxious fundraising practices defined with sufficient precision. The Riley trilogy and the continued existence of charitable solicitation scams have shown that attempting to prevent the "improper use of contributions intended for charitable purposes" by regulating how much charities pay for fundraising services has been not only unconstitutional but also ineffective. Part II is a brief review of the Riley trilogy, with an emphasis on the …