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Full-Text Articles in Law

Use "The Filter You Were Born With": The Unconstitutionality Of Mandatory Internet Filtering For The Adult Patrons Of Public Libraries, Richard J. Peltz-Steele Jan 2002

Use "The Filter You Were Born With": The Unconstitutionality Of Mandatory Internet Filtering For The Adult Patrons Of Public Libraries, Richard J. Peltz-Steele

Faculty Publications

The only federal court (at the time of this writing) to consider the question ruled unconstitutional the mandatory filtering of Internet access for the adult patrons of public libraries. That 1998 decision helped the American Library Association and other free speech advocates fend off mandatory filtering for two years at the state and federal level, against the vigorous efforts of filtering proponents. Then, in 2000, the U.S. Congress conditioned federal funding of libraries on filter use, forcing the question into the courts as the latest colossal struggle over Internet regulation. This Article contends that the federal court in 1998 was …


A Form Letter, Richard J. Peltz-Steele Jan 2002

A Form Letter, Richard J. Peltz-Steele

Faculty Publications

A humorous letter from Richard J. Peltz, who at the time was an Associate Professor at William H. Bowen Law School, to Professor John M. A. DiPippa, also of Bowen Law School at the University of Arkansas in Little Rock.


Security Vs. Privacy: Reframing The Debate, Shaun B. Spencer Jan 2002

Security Vs. Privacy: Reframing The Debate, Shaun B. Spencer

Faculty Publications

This essay explores several dimensions of the debate between security and privacy that accompanies many anti-terrorism and law enforcement proposals.


Reasonable Expectations And The Erosion Of Privacy, Shaun Spencer Jan 2002

Reasonable Expectations And The Erosion Of Privacy, Shaun Spencer

Faculty Publications

This Article examines how the prevailing legal conception of privacy facilitates the erosion of privacy. The law generally measures privacy by reference to society’s reasonable expectation of privacy. If we think of the universe of legally private matters as a sphere, the sphere will contract (or least in theory) expand in accordance with changing social expectations. This expectations-driven conception of privacy in effect establishes a privacy marketplace, analogous in both a literal and metaphorical sense to a marketplace of ideas. In this marketplace, societal expectations of privacy fluctuate in response to changing social practices. For this reason, privacy is susceptible …