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Articles 1 - 27 of 27
Full-Text Articles in Law
The Arts: A Traditional Sphere Of Free Expression? First Amendment Implications Of Government Funding To The Arts In The Aftermath Of Rust V. Sullivan , Thomas P. Leff
The Arts: A Traditional Sphere Of Free Expression? First Amendment Implications Of Government Funding To The Arts In The Aftermath Of Rust V. Sullivan , Thomas P. Leff
American University Law Review
No abstract provided.
The Arts: A Traditional Sphere Of Free Expression? First Amendment Implications Of Government Funding To The Arts In The Aftermath Of Rust V. Sullivan , Thomas P. Leff
The Arts: A Traditional Sphere Of Free Expression? First Amendment Implications Of Government Funding To The Arts In The Aftermath Of Rust V. Sullivan , Thomas P. Leff
American University Law Review
No abstract provided.
Awareness Of Meaning In Libel Law: An Interdisciplinary Communication & Law Critique, Clay Calvert
Awareness Of Meaning In Libel Law: An Interdisciplinary Communication & Law Critique, Clay Calvert
Northern Illinois University Law Review
This article critiques, from a communication and law perspective, a proposal to add another element to the already complex calculus of constitutional libel law. The element--a subjective state of mind hurdle closely akin to the actual malice standard--requires libel plaintiffs to prove that defendants were aware of the defamatory meaning conveyed by their messages at the time of publication. The article suggests that while free speech and press interests under the First Amendment may militate in favor of courts adopting this element, it: 1) conflicts with tie reality of communication processes inherent in meaning determination; 2) denigrates the pivotal roles …
Rules Of The Road: The Constitutional Limits Of Restricting Indecent Speech On The Information Superhighway, Stacey J. Rappaport
Rules Of The Road: The Constitutional Limits Of Restricting Indecent Speech On The Information Superhighway, Stacey J. Rappaport
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Rico And The First Amendment: Alexander V. United States, Bruno C. Bier
Rico And The First Amendment: Alexander V. United States, Bruno C. Bier
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
People Do Read Large Ads: The Law Of Advertising From Outer Space, Don E. Tomlinson, Rob L. Wiley
People Do Read Large Ads: The Law Of Advertising From Outer Space, Don E. Tomlinson, Rob L. Wiley
Federal Communications Law Journal
Although many may not be aware of it; the .technological capability currently exists to launch large, billboard-type advertisements into outer space. These ads could be as large as a full moon, and last for an almost infinite duration. Reaction to the possibility of space advertising has been generally negative, with many expressing concerns about the aesthetic effect of floating space billboards. One recent example of this is the proposal to launch a billboard containing the five-ring Olympic symbol in connection with Atlanta's hosting the 1996 Olympics, which was rejected by Mayor Maynard Jackson as "environmental pollution." Despite the fact that …
Hostile Environments And The First Amendment: What Now After Harris And St. Paul?, James H. Fowles Iii
Hostile Environments And The First Amendment: What Now After Harris And St. Paul?, James H. Fowles Iii
South Carolina Law Review
No abstract provided.
First Amendment And Private Property: A Sign For Free Speech, The, Anthony J. Durone, Melissa K. Smith
First Amendment And Private Property: A Sign For Free Speech, The, Anthony J. Durone, Melissa K. Smith
Missouri Law Review
Freedom of speech is one of the best known of all the constitutional rights protected by the Bill of Rights. Freedom of speech has received special attention from the courts for at least three reasons: (1) it is essential to the political process that is the foundation of our democracy;3 (2) it is fundamentally important to the discovery of truth in the free marketplace of ideas;4 and (3) it is an end in itself in a free country. In furtherance of a substantial interest, however, the freedom of speech falls subject to the police power of the state. In City …
You Have The Right To Criticize This Casenote: Protecting Negative Reviews Within The Law Of Defamation And The First Amendment, David C. Vogel
You Have The Right To Criticize This Casenote: Protecting Negative Reviews Within The Law Of Defamation And The First Amendment, David C. Vogel
Missouri Law Review
In Moldea v. New York Times Co., the District of Columbia Court of Appeals attempted to determine under what circumstances a statement labeled as opinion may be the basis for a defamation suit. The court approached the topic with some difficulty, as the United States Supreme Court's 1990 decision in Milkovich v. Lorain Journal Co. had created confusion in lower courts over not only the validity of several traditional tests used to distinguish between fact and opinion, but also as to whether placing statements in an opinion context provides them with blanket protection from liability, regardless of their content. The …
The Changing Landscape Of First Amendment Jurisprudence In Light Of The Technological Advances In Media, John M. Phelan, Robert F. Schneider, Steven Shapiro, Jacob Zamansky
The Changing Landscape Of First Amendment Jurisprudence In Light Of The Technological Advances In Media, John M. Phelan, Robert F. Schneider, Steven Shapiro, Jacob Zamansky
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Censorship On The Internet: Do Obscene Or Pornographic Materials Have A Protected Status?, Paula Franzese, J. Robert Flores, Peter D. Kennedy, Robert T. Perry
Censorship On The Internet: Do Obscene Or Pornographic Materials Have A Protected Status?, Paula Franzese, J. Robert Flores, Peter D. Kennedy, Robert T. Perry
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Money Talks: The First Amendment Implications Of Counterfeiting Law, Julie K. Staple
Money Talks: The First Amendment Implications Of Counterfeiting Law, Julie K. Staple
Indiana Law Journal
No abstract provided.
Begging And The First Amendment, Jonathan Mallamud
Begging And The First Amendment, Jonathan Mallamud
South Carolina Law Review
No abstract provided.
Free Speech And Due Process In The Workplace, Cynthia L. Estlund
Free Speech And Due Process In The Workplace, Cynthia L. Estlund
Indiana Law Journal
No abstract provided.
Matusevitch V. Telnikoff: The First Amendment Travels Abroad, Preventing Recognition And Enforcement Of A British Libel Judgment, Rachel B. Korsower
Matusevitch V. Telnikoff: The First Amendment Travels Abroad, Preventing Recognition And Enforcement Of A British Libel Judgment, Rachel B. Korsower
Maryland Journal of International Law
No abstract provided.
The Supreme Court's Land Use Decisions, Hon. Leon D. Lazer
The Supreme Court's Land Use Decisions, Hon. Leon D. Lazer
Touro Law Review
No abstract provided.
New York's Son Of Sam Law: Alive And Well Today, Steven P. Vargas
New York's Son Of Sam Law: Alive And Well Today, Steven P. Vargas
Touro Law Review
No abstract provided.
"Face"-Ing Rico: A Remedy For Antiabortion Violence?, Susan L. Ronn
"Face"-Ing Rico: A Remedy For Antiabortion Violence?, Susan L. Ronn
Seattle University Law Review
In Section I, this Comment examines the nature of the violence erupting out of protest activity at abortion clinics. Section II outlines the treatment of different types of federal lawsuits brought by clinics and pro-choice groups against both antiabortion groups and the leaders that spearhead the violent protest campaigns. Section III explores the use of RICO against such groups and individuals, and the imposition of an economic motivation requirement. Section IV discusses both the Seventh Circuit's and the Supreme Court's decisions in NOW v. Scheidler. Section V addresses the concerns surrounding the application of RICO to political protest activities. Section …
Civil Rico, Protesters, And The First Amendment: A Constitutional Combination, Timothy S. Millman
Civil Rico, Protesters, And The First Amendment: A Constitutional Combination, Timothy S. Millman
Missouri Law Review
The Racketeer Influenced and Corrupt Organizations Act ("RICO") provides for both government causes of action and a private cause of action. The private cause of action is usually referred to as civil RICO In recent years, abortion clinics and other groups have used civil RICO in suits against violent protesters. The circuits had disagreed, however, on whether RICO requires the defendant to be economically motivated. The circuits had disagreed, however, on whether RICO. Therefore, abortion clinics and other potential plaintiffs were uncertain whether civil RICO was a viable option in suits against politically or religiously motivated protesters. Although the Court …
Free Speech: The Status Of The First Amendment, Martin B. Margulies
Free Speech: The Status Of The First Amendment, Martin B. Margulies
Touro Law Review
No abstract provided.
Legislating Against Hate In New York: Bias Crimes And The Lesbian And Gay Community, Martin S. Zwerling
Legislating Against Hate In New York: Bias Crimes And The Lesbian And Gay Community, Martin S. Zwerling
Touro Law Review
No abstract provided.
Employment Discrimination: Recent Developments In The Supreme Court, Eileen Kaufman
Employment Discrimination: Recent Developments In The Supreme Court, Eileen Kaufman
Touro Law Review
No abstract provided.
The Natural Law Tradition On The Modern Supreme Court: Not Burke, But The Enlightenment Tradition Represented By Locke, Madison, And Marshall., R. Randall Kelso
The Natural Law Tradition On The Modern Supreme Court: Not Burke, But The Enlightenment Tradition Represented By Locke, Madison, And Marshall., R. Randall Kelso
St. Mary's Law Journal
A traditional common-law style of judicial decisionmaking exists which was present at this nation’s founding. This common law style is derived from natural law tradition. And this tradition stands as an alternative to the formalism of Justice Scalia or the Holmesian style of Chief Justice Rehnquist. This natural law style, with its focus on the religious and communitarian ethical tradition, was the dominant view of judicial interpretation for the framing and ratifying generation of the original Constitution and the Civil War Amendments. The decisionmaking style of Justices O’Connor, Kennedy, and Souter appears to have great affinity with this traditional common-law …