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Articles 1 - 27 of 27
Full-Text Articles in Law
The Constitutional Right To Watch Television: Analyzing The Digital Switchover In The Context Of The First Amendment , Eugene Ho
American University Law Review
No abstract provided.
Religious Liberty That Almost Wasn't: On The Origin Of The Establishment Clause Of The First Amendment, Gregory C. Downs
Religious Liberty That Almost Wasn't: On The Origin Of The Establishment Clause Of The First Amendment, Gregory C. Downs
University of Arkansas at Little Rock Law Review
The purpose of this article is to briefly examine the origin of the Establishment Clause in the event sometimes referred to as the "Virginia Experience," and to consider the possibility that the significant "leading roles" in the First Amendment's creation were not limited to Jefferson and Madison. Further, Madison's leading role in the actual sponsorship of the First Amendment may not have been entirely voluntary. With the ever-present litigation and controversies revolving around the extent and meaning of the First Amendment's Establishment Clause, the overlooked history of the creation of the First Amendment is both interesting and instructive in the …
Taking Stock Of The First Amendment's Application To Securities Regulation, Antony Page
Taking Stock Of The First Amendment's Application To Securities Regulation, Antony Page
South Carolina Law Review
No abstract provided.
Disclosure Is Speech: Imposing Meaningful First Amendment Constraints On Sec Regulatory Authority, Lloyd L. Drury Iii
Disclosure Is Speech: Imposing Meaningful First Amendment Constraints On Sec Regulatory Authority, Lloyd L. Drury Iii
South Carolina Law Review
No abstract provided.
Speaking Legally And Freely: Lawyers, Web Sites, And The First Amendment, James B. Lake
Speaking Legally And Freely: Lawyers, Web Sites, And The First Amendment, James B. Lake
South Carolina Law Review
No abstract provided.
It's Not The Thought That Counts: A Political Economy Of Obscenity, Karen M. Markin
It's Not The Thought That Counts: A Political Economy Of Obscenity, Karen M. Markin
South Carolina Law Review
No abstract provided.
Consumer Gripe Sites, Intellectual Property Law, And The Use Of Cease-And-Desist Letters To Chill Protected Speech On The Internet. , Rachael Braswell
Consumer Gripe Sites, Intellectual Property Law, And The Use Of Cease-And-Desist Letters To Chill Protected Speech On The Internet. , Rachael Braswell
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Bosley Medical Institute V. Kremer: The Winds Shift To Protect Cybergripers And A Circuit Split Blows Into Town, Anita Bhushan
Bosley Medical Institute V. Kremer: The Winds Shift To Protect Cybergripers And A Circuit Split Blows Into Town, Anita Bhushan
Georgia State University Law Review
No abstract provided.
The Judith Miller Case And The Relationship Between Reporter And Source: Competing Visions Of The Media's Role And Function, Daniel Joyce
The Judith Miller Case And The Relationship Between Reporter And Source: Competing Visions Of The Media's Role And Function, Daniel Joyce
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
A Proposal To Rescue New York Times V. Sullivan By Promoting A Responsible Press, Benjamin Barron
A Proposal To Rescue New York Times V. Sullivan By Promoting A Responsible Press, Benjamin Barron
American University Law Review
No abstract provided.
Keeping Free Speech Free In The College Marketplace Of Ideas: California Legislation As An Imperfect Solution To Censorship By University Administrators, Jennifer Ross
University of San Francisco Law Review
This Comment highlights the difficult position that some private college or university students find themselves in, when it comes to suing to protect their free speech rights. As such, this Comment argues that in order for pending California legislation to go the full distance in fostering a "marketplace of ideas", the legislature should pass additional bills to protect private college students from Hosty-type administrative censorship.
Take Your Seats: A Student's Ability To Protest Immigration Reform At Odds With State Truancy And Compulsory Education Laws, Jason Scronic
Take Your Seats: A Student's Ability To Protest Immigration Reform At Odds With State Truancy And Compulsory Education Laws, Jason Scronic
Florida A & M University Law Review
No abstract provided.
Gay Pornography And The First Amendment: Unique, First-Person Perspectives On Free Expression, Sexual Censorship, And Cultural Images, Clay Calvert, Robert D. Richards
Gay Pornography And The First Amendment: Unique, First-Person Perspectives On Free Expression, Sexual Censorship, And Cultural Images, Clay Calvert, Robert D. Richards
American University Journal of Gender, Social Policy & the Law
No abstract provided.
A Common Tool For Individual Solutions: Why Countries Should Establish An International Organization To Regulate Internet Content, Paul Przybylski
A Common Tool For Individual Solutions: Why Countries Should Establish An International Organization To Regulate Internet Content, Paul Przybylski
Vanderbilt Journal of Entertainment & Technology Law
This note advances the case for an international organization to control Internet content. Part I describes the current state of affairs with respect to Internet regulation. First, this part describes briefly how the Internet works, to the extent that such a description is necessary to advance the argument presented in this note. Second, concentrating on Europe, the United States, and China, Part I describes the diverging preferences of countries regarding Internet regulation, the approaches they have taken, and the problems they have encountered due to the international nature of the Internet. Third, this part addresses the major attempt at international …
Panelist Biographies, Introduction By Dana Gold, Editor's Note, Dana L. Gold
Panelist Biographies, Introduction By Dana Gold, Editor's Note, Dana L. Gold
Seattle University Law Review
This conference brought together nationally recognized scholars, attorneys, policymakers and activists from across the country who represent a depth of knowledge and range of viewpoints necessary to explore the intersection of corporate and First Amendment law. This discussion was sometimes heated, frequently politically surprising, and always robust. In this symposium issue, the Seattle University Law Review has captured the presentations and exchanges at this unique, multidisciplinary conference.
The Corporatization Of Communication, Eric Chiappinelli, Adam Candeub, Jeffrey Chester, Lawrence Soley
The Corporatization Of Communication, Eric Chiappinelli, Adam Candeub, Jeffrey Chester, Lawrence Soley
Seattle University Law Review
Our next panel discusses the corporatization of communication.
Should Corporations Have First Amendment Rights?, Kent Greenfield, Daniel Greenwood, Erik Jaffe
Should Corporations Have First Amendment Rights?, Kent Greenfield, Daniel Greenwood, Erik Jaffe
Seattle University Law Review
As Professor Winkler correctly stated, current doctrine emphasizes the rights of listeners rather than the identity of corporate speakers. My argument is, in effect, that this emphasis misses the key point. But I will not deal with listeners directly. I am simply going to assume, rather than argue, that if corporate advertising were ineffective in influencing voters or legislators, normal market processes would eliminate it. I'm going to take it for granted that when corporations speak, it makes a difference in the actual results.
Corporations And Commercial Speech, Ron Collins, Mark Lopez, Tamara Piety, David Vladeck
Corporations And Commercial Speech, Ron Collins, Mark Lopez, Tamara Piety, David Vladeck
Seattle University Law Review
Today's discussion will be about a rather famous case-actually, a non-case, Nike v. Kasky.
Corporations And Political Speech: Should Speech Equal Money?, David Skover, Lisa Danetz, Martin Redish, Scott Thomas
Corporations And Political Speech: Should Speech Equal Money?, David Skover, Lisa Danetz, Martin Redish, Scott Thomas
Seattle University Law Review
Welcome now to the panel on corporations and political speech. We will explore the First Amendment jurisprudence of campaign finance regulation and some of the more controversial issues raised by corporate involvement in the marketplace of political ideas and elections.
Section 1983 Civil Rights Litigation In The October 2005 Term, Martin Schwartz
Section 1983 Civil Rights Litigation In The October 2005 Term, Martin Schwartz
Touro Law Review
No abstract provided.
Cyber-Libeling The Glitterati: Protecting The First Amendment For Internet Speech, Abbey L. Mansfield
Cyber-Libeling The Glitterati: Protecting The First Amendment For Internet Speech, Abbey L. Mansfield
Vanderbilt Journal of Entertainment & Technology Law
Celebrity gossip is disseminated on the Internet not only by profitable publications and Internet tabloids with professional writers and sophisticated legal teams, but also by countless numbers of "blogs" posted by ordinary individuals, often with nothing more than a dial-up connection. Americans posting speech on the Internet must be aware of the implications of the Gutnick decision and recognize that they could be dragged into court and held liable for defamation abroad. This note explores theoretical changes to the law that should be adopted to protect the First Amendment as it applies to Internet speech. Additionally, this note discusses various …
Twentieth Century Approaches To Defining Religion: Clifford Geertz And The First Amendment, Barbara Barnett
Twentieth Century Approaches To Defining Religion: Clifford Geertz And The First Amendment, Barbara Barnett
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Shifting Toward Balance, Not Conservatism: The Court's Interpretation Of The Lemon Test's Legislative Intent Prong And Reaction From The Electorate, Kedrick N. Whitmore
Shifting Toward Balance, Not Conservatism: The Court's Interpretation Of The Lemon Test's Legislative Intent Prong And Reaction From The Electorate, Kedrick N. Whitmore
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Subverting Justice: An Indictment Of The Animal Enterprise Terrorism Act, Kim Mccoy
Subverting Justice: An Indictment Of The Animal Enterprise Terrorism Act, Kim Mccoy
Animal Law Review
The Animal Enterprise Terrorism Act (AETA) creates yet another obstacle for the animal advocacy movement. This article explores the reasons behind the AETA’s enactment and its implications for those who advocate on behalf of animals. The author notes the AETA targets individuals based solely on their political ideology and can deter these individuals from exercising their right to free speech due to the threat of being permanently branded as a terrorist. It is this infringement on First Amendment rights, coupled with the AETA’s overbreadth and vagueness, that lead the author to conclude the AETA is unconstitutional. The author also notes …
Mashed Up Videos And Broken Down Copyright: Changing Copyright To Promote The First Amendment Values Of Transformative Video, Andrew S. Long
Mashed Up Videos And Broken Down Copyright: Changing Copyright To Promote The First Amendment Values Of Transformative Video, Andrew S. Long
Oklahoma Law Review
No abstract provided.
Slapping Around The First Amendment: An Analysis Of Oklahoma’S Anti-Slapp Statute And Its Implications On The Right To Petition, Laura Long
Oklahoma Law Review
No abstract provided.
Corporate Personhood And The Rights Of Corporate Speech, Adam Winkler
Corporate Personhood And The Rights Of Corporate Speech, Adam Winkler
Seattle University Law Review
My objective here is to provide a little historical background on business corporations and their place in First Amendment law. In the course of that overview, I will also make a few observations that I believe can be helpful in thinking about corporate speech rights. First, I will argue that one aspect of the constitutional status of corporations-the notion of corporate personhood-has not played the central role in shaping corporate speech rights that some believe. Corporations have free speech rights, but they are more limited than those held by individuals. Second, I will argue that there is not a single …