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Articles 1 - 13 of 13

Full-Text Articles in Law

Communications Media And The First Amendment: A Viewpoint-Neutral Fcc Is Not Too Much To Ask For, Helgi Walker Dec 2000

Communications Media And The First Amendment: A Viewpoint-Neutral Fcc Is Not Too Much To Ask For, Helgi Walker

Federal Communications Law Journal

In the "new economy" driven by the telecommunications industry, the FCC is a busy agency. Given the myriad legal issues faced daily by agency decisionmakers and the lack of perfect clarity in major communications legislation, a few legal missteps here and there by the FCC might be expected. In one area, however, the public can and should demand a first-rate agency record: regulation of communications media without regard to the viewpoint expressed via that media, as the First Amendment requires. This Article offers two case studies in which the FCC arguably took viewpoint-discriminatory actions with regard to regulated broadcasters, and …


Viacom-Cbs Merger: Media Competition And Consolidation In The New Millennium, Andrew Jay Schwartzman May 2000

Viacom-Cbs Merger: Media Competition And Consolidation In The New Millennium, Andrew Jay Schwartzman

Federal Communications Law Journal

No abstract provided.


Limiting Tort Liability For Online Third-Party Content Under Section 230 Of The Communications Act, Jonathan A. Friedman, Francis M. Buono May 2000

Limiting Tort Liability For Online Third-Party Content Under Section 230 Of The Communications Act, Jonathan A. Friedman, Francis M. Buono

Federal Communications Law Journal

Section 230 of the Communications Act provides online service providers (OSPs) with immunity from liability for harms arising from third-party content that is made available through an OSP's services. Some courts have recently held that section 230 immunity covers not only defamation but any tort claim that would make an OSP liable for information originating from the OSP's users or commercial partners. This Article argues that section 230 has been properly interpreted by the courts and that, contrary to the claims of critics, those decisions have not created a disincentive for OSPs aggressively to monitor their sites for defamatory or …


Editorial Rights Of Public Broadcasting Stations Vs. Access For Minor Political Candidates To Television Debates, Kyu Ho Youm May 2000

Editorial Rights Of Public Broadcasting Stations Vs. Access For Minor Political Candidates To Television Debates, Kyu Ho Youm

Federal Communications Law Journal

In Arkansas Education Television Commission v. Forbes, the Supreme Court of the United States held that a state-owned public station did not violate the First Amendment in excluding a third-party candidate from a political debate organized and broadcast by the television station because the debate was a nonpublic forum. In this Article, Professor Youm examines the constitutional and statutory framework on the access for political candidates to TV debates, the judicial interpretations of the political candidates' claim for access to public television debates, and the Supreme Court's balancing in Forbes of the conflicts between the candidates' access rights and the …


Computer Code Vs. Legal Code: Setting The Rules In Cyberspace, Mark S. Nadel May 2000

Computer Code Vs. Legal Code: Setting The Rules In Cyberspace, Mark S. Nadel

Federal Communications Law Journal

Book Review: Code and Other Laws of Cyberspace, by Lawrence Lessig, Basic Books, 1999, 230 pages.


The Normalized Free Exercise Clause: Three Abnormalities, Fredrick Mark Gedicks Jan 2000

The Normalized Free Exercise Clause: Three Abnormalities, Fredrick Mark Gedicks

Indiana Law Journal

Symposium: Religious Liberty at the Dawn of a New Millennium held at Indiana University School of Law-Bloomington on April 9, 1999.


Religion/Religions In The United States: Changing Perspectives And Prospects, Stephen J. Stein Jan 2000

Religion/Religions In The United States: Changing Perspectives And Prospects, Stephen J. Stein

Indiana Law Journal

Symposium: Religious Liberty at the Dawn of a New Millennium held at Indiana University School of Law-Bloomington on April 9, 1999.


Blooming Confusion: Madison's Mixed Legacy, Steven D. Smith Jan 2000

Blooming Confusion: Madison's Mixed Legacy, Steven D. Smith

Indiana Law Journal

Symposium: Religious Liberty at the Dawn of a New Millennium held at Indiana University School of Law-Bloomington on April 9, 1999.


What Is The Matter With Equality?: An Assessment Of The Equal Treatment Of Religion And Nonreligion In First Amendment Jurisprudence, William P. Marshall Jan 2000

What Is The Matter With Equality?: An Assessment Of The Equal Treatment Of Religion And Nonreligion In First Amendment Jurisprudence, William P. Marshall

Indiana Law Journal

Symposium: Religious Liberty at the Dawn of a New Millennium held at Indiana University School of Law-Bloomington on April 9, 1999.


Religion And Education: Whither The Establishment Clause?, Martha Mccarthy Jan 2000

Religion And Education: Whither The Establishment Clause?, Martha Mccarthy

Indiana Law Journal

Symposium: Religious Liberty at the Dawn of a New Millennium held at Indiana University School of Law-Bloomington on April 9, 1999.


Freedom Of Religion In The United States: Fin De Siècle Sketches, Michael J. Perry Jan 2000

Freedom Of Religion In The United States: Fin De Siècle Sketches, Michael J. Perry

Indiana Law Journal

Symposium: Religious Liberty at the Dawn of a New Millennium held at Indiana University School of Law-Bloomington on April 9, 1999.


American-Arab -- Getting The Balance Wrong -- Again!, John A. Scanlan Jan 2000

American-Arab -- Getting The Balance Wrong -- Again!, John A. Scanlan

Articles by Maurer Faculty

No abstract provided.


The Path Of American Religious Liberty: From The Original Theology To Formal Neutrality And An Uncertain Future, Daniel O. Conkle Jan 2000

The Path Of American Religious Liberty: From The Original Theology To Formal Neutrality And An Uncertain Future, Daniel O. Conkle

Indiana Law Journal

Symposium: Religious Liberty at the Dawn of a New Millennium held at Indiana University School of Law-Bloomington on April 9, 1999.