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Articles 1 - 26 of 26
Full-Text Articles in Law
From One [Expletive] Policy To The Next: The Fcc's Regulation Of "Fleeting Expletives" And The Supreme Court's Response, Brandon J. Almas
From One [Expletive] Policy To The Next: The Fcc's Regulation Of "Fleeting Expletives" And The Supreme Court's Response, Brandon J. Almas
Federal Communications Law Journal
After the broadcast of the 2003 Golden Globe Awards, during which the lead singer from U2 uttered an expletive on national television, the FCC revisited its prior policy on the use of expletives on the airwaves and declared, for the first time, that "fleeting expletives" are offensive according to community standards and are therefore finable. In a lawsuit filed in the Second Circuit Court of Appeals, Fox Television Stations, Inc. along with a number of other broadcasters argued that the FCC's new policy was arbitrary and capricious under the Administrative Procedure Act and unconstitutional under the First Amendment. The Second …
Twittering Away The Right Of Publicity: Personality Rights And Celebrity Impersonation On Social Networking Websites, Andrew M. Jung
Twittering Away The Right Of Publicity: Personality Rights And Celebrity Impersonation On Social Networking Websites, Andrew M. Jung
Chicago-Kent Law Review
Within the past couple of years, social networking websites have become an immensely popular destination for people from all walks of life. Websites like Facebook and Twitter now count tens of millions of worldwide users, including world leaders and a number of celebrities. Eventually, users realized that social networking websites lent themselves to the quick and easy impersonation of celebrities through the creation of fake social networking accounts, often as a form of parody. One subject of such impersonation was professional baseball manager Tony La Russa, who took the then-unprecedented step of suing his impersonators and Twitter over the incident. …
The First Amendment Degraded: Milkovich V. Lorain And A Continuing Sense Of Loss On Its 20th Birthday, Richard H. Weisberg
The First Amendment Degraded: Milkovich V. Lorain And A Continuing Sense Of Loss On Its 20th Birthday, Richard H. Weisberg
South Carolina Law Review
No abstract provided.
The Scarlet "L": Lobbying Reform And The First Amendment, Mona Sheth
The Scarlet "L": Lobbying Reform And The First Amendment, Mona Sheth
Legislation and Policy Brief
While the enactment of the Honest Leadership and Open Government Act of 2007 (HLOGA) in Congress shifted the lobbying industry towards heightened transparency and stronger ethics, future reforms of the executive branch threatened the constitutional rights of lobbyists. As the following pages summarize, the collective forces of the 2008 presidential campaign, executive ethics order, and stimulus restrictions also endangered the success of the congressional response. An examination of the Obama Administration’s executive directives and an exploration of the constitutional issues implicated in the ARRA guidance on stimulus funds reveal that disclosure and enforcement are more effective (and constitutional) methods to …
The Suppression Of A Saggin' Expression: Exploring The "Saggy Pants" Style Within A First Amendment Context, Onika K. Williams
The Suppression Of A Saggin' Expression: Exploring The "Saggy Pants" Style Within A First Amendment Context, Onika K. Williams
Indiana Law Journal
No abstract provided.
Fcc V. Fox Television Stations And The Fcc's New Fleeting Expletive Policy, Jerome A. Barron
Fcc V. Fox Television Stations And The Fcc's New Fleeting Expletive Policy, Jerome A. Barron
Federal Communications Law Journal
This Article focuses on the Supreme Court's decision in FCC v. Fox Television Stations, Inc., 129 S. Ct. 1800 (2009). In that case, the Supreme Court upheld an important change in the FCC indecency regulation. In the past, the FCC's policy had been that the broadcast of a single expletive did not violate FCC indecency policy. In order for such fleeting expletives to be actionable, the FCC required that they had to be repetitive and gratuitous. But in 2004, in response to the use of some expletives by entertainers during the Golden Globe Awards, the FCC changed its policy and …
Music As Speech: A First Amendment Category Unto Itself, David Munkittrick
Music As Speech: A First Amendment Category Unto Itself, David Munkittrick
Federal Communications Law Journal
Perhaps the most ubiquitous of art forms, music accompanies daily activities from shopping to jogging. Music permeates modem society, and there is little question it constitutes an integral mode of expression. Despite recognition of music's worth, however, there is little explanation of music in First Amendment jurisprudence. A rationale for First Amendment protection begins with analysis of the particular medium of speech. Through a foray in musical aesthetics and the history of musical censorship, this Note discusses the role of music in political, societal, and individual experience. Music has had an important role in political events, from the fall of …
Taming The Derivative Works Right: A Modest Proposal For Reducing Overbreadth And Vagueness In Copyright, Christina Bohannon
Taming The Derivative Works Right: A Modest Proposal For Reducing Overbreadth And Vagueness In Copyright, Christina Bohannon
Vanderbilt Journal of Entertainment & Technology Law
The Supreme Court recently decided United States v. Stevens, a case challenging the constitutionality of a federal statute that punishes commercial depictions of animal cruelty, such as videos of dog fights. Concluding that the statute prohibited a good deal of speech that was unrelated to eradicating illegal animal cruelty, the Court held that the statute was substantially overbroad and therefore invalid under the First Amendment.
This case and other First Amendment cases help to shed light on the problems of overbreadth and vagueness in copyright law, particularly the derivative works right. The copyright holder's derivative works right prohibits others from …
Cease-And-Desist: Tarnishment’S Blunt Sword In Its Battle Against The Unseemly, The Unwholesome, And The Unsavory, Regina Schaffer-Goldman
Cease-And-Desist: Tarnishment’S Blunt Sword In Its Battle Against The Unseemly, The Unwholesome, And The Unsavory, Regina Schaffer-Goldman
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Street Shootings: Covert Photography And Public Privacy, Nancy D. Zeronda
Street Shootings: Covert Photography And Public Privacy, Nancy D. Zeronda
Vanderbilt Law Review
Street photographers, like snipers, pride themselves on stealth.' Camouflaged in nondescript clothing, they wander the streets undetectable, armed, and on the hunt. When they find their mark, they act quickly. As the famous twentieth-century street photographer Henri Cartier-Bresson described: "The creative act lasts but a brief moment, a lightning instant of give-and-take, just long enough for you to level the camera and to trap the fleeting prey in your little box." While methods of "trapping prey" vary from shooter to shooter, the mission remains the same-staying as covert as possible and catching an unknowing subject in a candid pose. In …
Shining A Light On Democracy's Dark Lagoon, Helen Louise Norton
Shining A Light On Democracy's Dark Lagoon, Helen Louise Norton
South Carolina Law Review
No abstract provided.
Snyder V. Phelps, Sarah E. Merkle
A Survey Of The Fourth Circuit's Developing Government-Speech Jurisprudence, M. Todd Carroll, Kevin A. Hall
A Survey Of The Fourth Circuit's Developing Government-Speech Jurisprudence, M. Todd Carroll, Kevin A. Hall
South Carolina Law Review
No abstract provided.
The Power Of The Parental Trump Card: How And Why Frazier V. Winn Got It Right, Jocelyn Floyd
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 …
The Future Of Discriminatory Local Ordinances Aimed At Regulating Illegal Immigration, John Ryan Syllaios
The Future Of Discriminatory Local Ordinances Aimed At Regulating Illegal Immigration, John Ryan Syllaios
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Silencing The Crowd: Regulating Free Speech In Professional Sports Facilities, Nick Desiato
Silencing The Crowd: Regulating Free Speech In Professional Sports Facilities, Nick Desiato
Marquette Sports Law Review
No abstract provided.
Tinker Takes The Field: Do Student Athletes Shed Their Constitutional Rights At The Locker Room Gate?, Noel Johnson
Tinker Takes The Field: Do Student Athletes Shed Their Constitutional Rights At The Locker Room Gate?, Noel Johnson
Marquette Sports Law Review
No abstract provided.
Off-Label Drug Promotion Is Lost In Translation: A Prescription For A Public Health Approach To Regulating The Pharmaceutical Industry's Right To Market And Sell Its Products, Mariestela Buhay
Journal of Health Care Law and Policy
No abstract provided.
Too Much To Bare? A Comparative Analysis Of The Headscarf In France, Turkey, And The United States, Hera Hashmi
Too Much To Bare? A Comparative Analysis Of The Headscarf In France, Turkey, And The United States, Hera Hashmi
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
A Preliminary First Amendment Analysis Of Legislation Treating News Aggregation As Copyright Infringement, Alfred C. Yen
A Preliminary First Amendment Analysis Of Legislation Treating News Aggregation As Copyright Infringement, Alfred C. Yen
Vanderbilt Journal of Entertainment & Technology Law
The newspaper industry has recently experienced economic difficulty. Profits have declined because fewer people read printed versions of newspapers, preferring instead to get their news through so-called "news aggregators" who compile newspaper headlines and provide links to stories posted on newspaper websites. This harms newspaper revenue because news aggregators collect advertising revenue that newspapers used to enjoy.
Some have responded to this problem by advocating the use of copyright to give newspapers the ability to control the use of their stories and headlines by news aggregators. This proposal is controversial, for news aggregators often do not commit copyright infringement. Accordingly, …
First Amendment Protection Of Teachers' Instructional Speech: Extending Rust V. Sullivan To Ensure That Teachers Do Not Distort The Government Message, Emily White Kirsch
First Amendment Protection Of Teachers' Instructional Speech: Extending Rust V. Sullivan To Ensure That Teachers Do Not Distort The Government Message, Emily White Kirsch
Cleveland State Law Review
The emergence of political activism in the 2008 presidential election extended throughout the country and even to where partisan politics have no place: the public school classroom. In 2004, the New York City Board of Education enacted a regulation that prohibited teachers from wearing any material supporting political candidates or organizations. During the 2008 election, teachers who wanted to wear partisan political buttons in the classroom while teaching claimed that the regulation violated their First Amendment rights. Although the Southern District of New York ultimately held that the teachers had no First Amendment claim, the court's decision, which involved sorting …
Abridging Constitutional Rights: Sexting Legislation In Ohio, Weronika Kowalczyk
Abridging Constitutional Rights: Sexting Legislation In Ohio, Weronika Kowalczyk
Cleveland State Law Review
What happens when you combine technology, raging adolescent hormones, and rash decisions? As we have seen these past few years, one outcome is “sexting” the trend of teenagers transmitting sexually suggestive text messages or photographs through cell phones and similar communication devices. In 2009, the media was saturated with stories pertaining to sexting, from discussing the ramifications of engaging in it including cyber bullying, slashed reputations, and serious criminal charges to providing guidelines for what parents and educators could do to control or prevent it. Though sexting includes the transmission of messages as well as photographs, the majority of media …
Whose Right Is It Anyway?: How Recent Cases And Controversies Have Blurred The Lines Between First Amendment Protection And An Athlete's Right Of Publicity, Scott R. Chandler
Whose Right Is It Anyway?: How Recent Cases And Controversies Have Blurred The Lines Between First Amendment Protection And An Athlete's Right Of Publicity, Scott R. Chandler
Marquette Sports Law Review
No abstract provided.
Essay: Curing A Monumental Error: The Presumptive Unconstitutionality Of Ten Commandment Displays, Peter Irons
Essay: Curing A Monumental Error: The Presumptive Unconstitutionality Of Ten Commandment Displays, Peter Irons
Oklahoma Law Review
No abstract provided.
Essay: Religious Displays And The Voluntary Approach To Church And State, Thomas Berg
Essay: Religious Displays And The Voluntary Approach To Church And State, Thomas Berg
Oklahoma Law Review
No abstract provided.