Law Commons^™

Because I Said So: An Examination Of Parental Naming Rights, Ashley N. Moscarello

Chicago-Kent Law Review

Naming a child is often one of the most exciting parts of having a baby. Some parents, of course, choose to be more creative and unique, which leads to some very interesting names like Toilet Queen, Acne Fountain, Crimson Tide Redd, Messiah, Candy Stohr, and Violence. Although some of these names are quite absurd, should the government be able to tell parents that they have crossed the line?

When parents agree about the name they want to give their child, should the state or courts be able to intervene in that decision if the state has problems with the name? …

The Power Of The Parental Trump Card: How And Why Frazier V. Winn Got It Right, Jocelyn Floyd

Chicago-Kent Law Review

When two fundamental rights are in conflict, such that the protection of one requires the infringement of the other, courts must weigh those rights against each other to determine which is ultimately greater. In Frazier v. Winn, the Eleventh Circuit dealt with precisely such an issue: specifically, the rights of parents pitted against those of their children. This note explores the history of both parental rights and student's rights in school to show why the court appropriately affirmed that children's right to free speech is only as expansive as their parents allow, justified by the parents' fundamental right to …

Freedom From Compulsion, Tess Slattery

Chicago-Kent Law Review

A recent Eleventh Circuit case, Frazier ex rel. Frazier v. Winn, upheld as facially constitutional a Florida statute that requires a student to obtain parental permission before abstaining from participation in the Pledge of Allegiance. This note argues that the court reached the wrong conclusion because it failed to properly weigh the students' right to free speech against the parents' right to control the upbringing of their children. This note argues that Justice Breyer's framework for balancing conflicting rights should be adopted for use in this context. By applying Justice Breyer's balancing test, the Florida statute should be found …

"Aren't You Lucky You Have Two Mamas?" Redefining Parenthood In Light Of Evolving Reproductive Technologies And Social Change, John G. New

Chicago-Kent Law Review

Advances in reproductive technologies and a greater social acceptance of same- sex relationships have resulted in increasing numbers of lesbian couples conceiving and raising families. But when these relationships fail, state courts are faced with the difficult problem of determining which partner constitutes a "parent" for purposes of support and visitation. This article provides a comparative analysis of the different approaches of various state courts to this vexing problem and suggests a model that states might adopt via a modification of the Uniform Parentage Act.

The Speech-Enhancing Effect Of Internet Regulation, Emily Buss

Chicago-Kent Law Review

In this Article, the author suggests that certain speech-reducing regulations will, in fact, be speech-enhancing for children. This is because children are vulnerable to far greater censorship at the hands of their parents than at the hands of Internet regulators. Regulations that inspire parents to relax their grip on their children's access to information are likely to produce significant net speech gains for children. Viewed this way, regulations designed to protect children can be conceived as pitting the speech interests of adults against the speech interests of children. The Article suggests a number of reasons we might value the children's …

When Well-Being Trumps Liberty: Political Theory, Jurisprudence, And Children's Rights, William Galston

Chicago-Kent Law Review

Compared to most adults, children are dependent and vulnerable and therefore require special protection. Efforts to safeguard their well-being often collide with one or more of the liberty guarantees of the First Amendment. Professor Etzioni fears that current jurisprudence has tipped the balance too far towards individual liberty, making it difficult to extend children the legal protection they need. Drawing on a theoretical account of constitutionalism as well as existing case law, the author argues that mainstream jurisprudence is up to the task of balancing the well-being of children against the liberty of adults. The Supreme Court's recent decision in …

Shielding Children: The European Way, Michael D. Birnhack, Jacob H. Rowbottom

Chicago-Kent Law Review

The Internet crosses physical borders, and carries with it both its promises and its harms to many different countries and societies. These countries thus share the same technology, but they do not necessarily share the same set of values or legal system. This Article compares the legal response in the United States and in Europe to one important issue: the exposure of children to certain materials, which are deemed harmful to them but not harmful to adults.

This US-European comparison, in which the experience in the United Kingdom serves as a leading example, illustrates the traits of various kinds of …

The Need For A Two (Or More) Tiered First Amendment To Provide For The Protection Of Children, Kevin W. Saunders

Chicago-Kent Law Review

This Article addresses the two sorts of problems raised by Professor Etzioni, while also responding to the earlier articles in this Symposium. With regard to the spillover effect, the author argues that there are ways to limit the effect on adults of restrictions designed to protect children, even on the Internet. Furthermore, some spillover effect is allowed and may leave open the possibility of protecting children from tobacco or alcohol advertisements. The Article also addresses areas in which material has been seen as protected even for children. While agreeing that depictions of violence pose an important problem, the Article also …

Free Speech And Children's Interests, David Archard

Chicago-Kent Law Review

This Article endorses the conclusion of Etzioni's article that the First Amendment right of free speech should not trump the interests of children. However the picture is more complicated once we recognize that parents have a "basic" right to bring up their children as they see fit that may conflict with the state's duty to protect children in its jurisdiction.

Moreover there is an important difference between protecting children now from harms and safeguarding the interests of the adults they will grow into. Society has an interest in protecting children based upon its fundamental interest in ensuring the conditions of …

The Liberal Theory Of Freedom Of Expression For Children, Colin M. Macleod

Chicago-Kent Law Review

This Article develops a liberal theory of freedom of expression which is sensitive to the interests of children as distinct, vulnerable but developing members of society. I argue that children have, in addition to welfare interests, interests in the development and exercise of basic moral powers. In virtue of such interests, children acquire, well before they become adults, nontrivial rights of free expression. Respecting children's rights to free expression entails limits on the prerogatives of parents and others to determine the sorts of cultural materials children should be permitted access. Nonetheless children's rights are importantly different from those of adults. …