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Articles 1 - 30 of 48
Full-Text Articles in Law
Appellate Division, First Department - Parkhouse V. Stringer, Alyssa Dunn
Appellate Division, First Department - Parkhouse V. Stringer, Alyssa Dunn
Touro Law Review
No abstract provided.
Building The House On A Weak Foundation: Edenfield V. Fane And The Current State Of The Commercial Speech Doctrine, Dennis William Bishop
Building The House On A Weak Foundation: Edenfield V. Fane And The Current State Of The Commercial Speech Doctrine, Dennis William Bishop
Pepperdine Law Review
No abstract provided.
A First Amendment Exception To The "Collateral Bar" Rule: Protecting Freedom Of Expression And The Legitimacy Of Courts, Richard Labunski
A First Amendment Exception To The "Collateral Bar" Rule: Protecting Freedom Of Expression And The Legitimacy Of Courts, Richard Labunski
Pepperdine Law Review
No abstract provided.
Funding Conditions And Free Speech For Hiv/Aids Ngos: He Who Pays The Piper Cannot Always Call The Tune, Alexander P. Wentworth-Ping
Funding Conditions And Free Speech For Hiv/Aids Ngos: He Who Pays The Piper Cannot Always Call The Tune, Alexander P. Wentworth-Ping
Fordham Law Review
The United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act pledges billions of dollars to fund NGOs combating the HIV/AIDS epidemic but requires recipients to adopt a policy explicitly opposing prostitution and sex trafficking. A possible recipient NGO confronts a tough decision: adopt an affirmative statement against prostitution and sex trafficking to accept the funds, alienating a vital partner in its efforts to eradicate HIV/AIDS; or deny the funds to speak its own message, though without the benefit of government assistance.
Courts are split on whether the Leadership Act’s policy requirement places an unconstitutional condition on federal funds that requires …
The Fourth Estate And The Third Level: Turner Broadcasting System, Inc. V. Federal Communications Commission—Cable Television And Intermediate Scrutiny, R. Stuart Phillips
The Fourth Estate And The Third Level: Turner Broadcasting System, Inc. V. Federal Communications Commission—Cable Television And Intermediate Scrutiny, R. Stuart Phillips
Pepperdine Law Review
No abstract provided.
Madsen V. Women's Health Center, Inc.: Striking An Unequal Balance Between The Right Of Women To Obtain An Abortion And The Right Of Pro-Life Groups To Freedom Of Expression, Keli N. Osaki
Pepperdine Law Review
No abstract provided.
"Riding With The Cops And Cheering For The Robbers:" Employee Speech, Doctrinal Cubbyholes, And The Duty Of Loyalty, Marvin F. Hill Jr., James A. Wright
"Riding With The Cops And Cheering For The Robbers:" Employee Speech, Doctrinal Cubbyholes, And The Duty Of Loyalty, Marvin F. Hill Jr., James A. Wright
Pepperdine Law Review
No abstract provided.
Meiklejohn, Monica, & Mutilation Of The Thinking Process, Clay Calvert
Meiklejohn, Monica, & Mutilation Of The Thinking Process, Clay Calvert
Pepperdine Law Review
No abstract provided.
Televised Political Debates And Arkansas Educational Television Commission V. Forbes: Excluding The Public From Public Broadcasting, Joshua Dale
Pepperdine Law Review
No abstract provided.
Gazing Into The Future: The 100-Year Legacy Of Justice William J. Brennan, Stephen J. Wermiel
Gazing Into The Future: The 100-Year Legacy Of Justice William J. Brennan, Stephen J. Wermiel
The Journal of Appellate Practice and Process
No abstract provided.
Environmental Aesthetics And Free Speech: Toward A Consistent Content Neutrality Standard For Outdoor Sign Regulation , Brian J. Connolly
Environmental Aesthetics And Free Speech: Toward A Consistent Content Neutrality Standard For Outdoor Sign Regulation , Brian J. Connolly
Michigan Journal of Environmental & Administrative Law
First Amendment challenges by billboard companies and other sign owners to local sign regulations have become a frequent occurrence in the past thirty years. The stakes are high for both commercial sign owners and local governments. Sign control has emerged as an important front in the environmental protection movement, as it focuses on the visual or scenic quality of the environment. Courts have begun to recognize and accept local governments’ interest in controlling the proliferation of signage as part of their efforts to improve environmental quality, but courts have applied First Amendment doctrine in an inconsistent manner. The courts’ inconsistent …
A Bakerian Response To Weinstein's Free Speech Theory, Anne Marie Lofaso
A Bakerian Response To Weinstein's Free Speech Theory, Anne Marie Lofaso
West Virginia Law Review
No abstract provided.
Baker's Autonomy Theory Of Free Speech, Anne Marie Lofaso
Baker's Autonomy Theory Of Free Speech, Anne Marie Lofaso
West Virginia Law Review
No abstract provided.
Constitutional Law—First Amendment And Freedom Of Speech—The Constitutionality Of Arkansas’S Prohibition On Political Robocalls, Caleb J. Norris
Constitutional Law—First Amendment And Freedom Of Speech—The Constitutionality Of Arkansas’S Prohibition On Political Robocalls, Caleb J. Norris
University of Arkansas at Little Rock Law Review
The note first discusses the pros and cons of robocalls, concluding that certain restrictions on robocalls are desirable. Next, the note examines current constitutional case law governing the issue. Thereafter, the note illustrates how Arkansas's regulation on political robocalls would fail a First Amendment challenge as currently written. Accordingly, the note proposes a revision to the robocall statute that would most likely allow it to pass constitutional review.
The note concludes that the burdens resulting from robocalls are placed upon robocall recipients, opposing political campaigns (especially those that determine not to use them under current law), and unrelated third parties. …
Electronic Privacy And Employee Speech, Pauline T. Kim
Electronic Privacy And Employee Speech, Pauline T. Kim
Chicago-Kent Law Review
The boundary between work and private life is blurring as a result of changes in the organization of work and advances in technology. Current privacy law is ill-equipped to address these changes and as a result, employees' privacy in their electronic communications is only weakly protected from employer scrutiny. At the same time, the law increasingly protects certain socially valued forms of employee speech. In particular, collective speech, speech that enforces workplace regulations and speech that deters or reports employer wrong-doing are explicitly protected by law from employer reprisals. These two developments—weak protection of employee privacy and increased protection for …
How Not To Criminalize Cyberbullying, Lyrissa Lidsky, Andrea Pinzon Garcia
How Not To Criminalize Cyberbullying, Lyrissa Lidsky, Andrea Pinzon Garcia
Missouri Law Review
This essay provides a sustained constitutional critique of the growing body of laws criminalizing cyberbullying. These laws typically proceed by either modernizing existing harassment and stalking laws or crafting new criminal offenses. Both paths are beset with First Amendment perils, which this essay illustrates through 'case studies' of selected legislative efforts. Though sympathetic to the aims of these new laws, this essay contends that reflexive criminalization in response to tragic cyberbullying incidents has led law-makers to conflate cyberbullying as a social problem with cyberbullying as a criminal problem, creating pernicious consequences. The legislative zeal to eradicate cyberbullying potentially produces disproportionate …
Judicial Line-Drawing And The Broader Culture: The Case Of Politics And Entertainment, R. George Wright
Judicial Line-Drawing And The Broader Culture: The Case Of Politics And Entertainment, R. George Wright
San Diego Law Review
This article puts in a broader legal and cultural context and critically evaluates Justice Scalia's reluctance to distinguish politics from entertainment or, more precisely, political speech from entertainment speech. Some may think of Justice Scalia's reluctance as the embodiment of judicial modesty or realistic practical wisdom. Others may think of it as an unnecessary expression of relativism or subjectivism that is ominous in its implications. Either way, whether we can appropriately distinguish between entertainment speech and political speech, and then apply appropriately different free speech standards in each case, says much about our status and priorities as a culture. Placing …
Corporate Criticism On The Internet: The Fine Line Between Anonymous Speech And Cybersmear, Scot Wilson
Corporate Criticism On The Internet: The Fine Line Between Anonymous Speech And Cybersmear, Scot Wilson
Pepperdine Law Review
No abstract provided.
Ashcroft V. Free Speech Coalition: How Can Virtual Child Pornography Be Banned Under The First Amendment?, Virginia F. Milstead
Ashcroft V. Free Speech Coalition: How Can Virtual Child Pornography Be Banned Under The First Amendment?, Virginia F. Milstead
Pepperdine Law Review
No abstract provided.
Dueling Values: The Clash Of Cyber Suicide Speech And The First Amendment, Thea E. Potanos
Dueling Values: The Clash Of Cyber Suicide Speech And The First Amendment, Thea E. Potanos
Chicago-Kent Law Review
On March 15, 2011, William Melchert-Dinkel, a Minnesota nurse, was convicted of two counts of assisted suicide, based solely on things he said in emails and online chat rooms. This note examines whether cyber speech encouraging suicide, such as Melchert-Dinkel's, should be protected by the First Amendment. States have compelling interests in preserving life, preventing suicide, and protecting vulnerable persons from abuse, and the majority of them have assisted suicide statutes that could be applied to cyber-suicide speech. However, because cyber- suicide speech does not fit neatly into recognized categories of "low-value" or unprotected speech, punishment may be foreclosed by …
Renewing The Chase: The First Amendment, Campaign Advertisements, And The Goal Of An Informed Citizenry, John Stewart Fleming
Renewing The Chase: The First Amendment, Campaign Advertisements, And The Goal Of An Informed Citizenry, John Stewart Fleming
Indiana Law Journal
No abstract provided.
Context And Trivia, Samuel Brenner
Context And Trivia, Samuel Brenner
Michigan Law Review
My academic mantra, writes Professor James C. Foster in the Introduction to BONG HiTS 4 JESUS: A Perfect Constitutional Storm in Alaska's Capital, which examines the history and development of the Supreme Court's decision in Morse v. Frederick, "[is] context, context, context" (p. 2). Foster, a political scientist at Oregon State University, argues that it is necessary to approach constitutional law "by situating the U.S. Supreme Court's ... doctrinal work within surrounding historical context, shorn of which doctrine is reduced to arid legal rules lacking meaning and significance" (p. 1). He seeks to do so in BONG HiTS 4 JESUS …
Is Spam The Rock Of Sisyphus?: Whether The Can-Spam Act And Its Global Counterparts Will Delete Your E-Mail, Amy G. Marino
Is Spam The Rock Of Sisyphus?: Whether The Can-Spam Act And Its Global Counterparts Will Delete Your E-Mail, Amy G. Marino
Pepperdine Law Review
No abstract provided.
Inculcation, Bias, And Viewpoint Discrimination In Public Schools, Lisa Shaw Roy
Inculcation, Bias, And Viewpoint Discrimination In Public Schools, Lisa Shaw Roy
Pepperdine Law Review
No abstract provided.
Civil Rights, Erwin Chemerinsky
"Raised Eyebrows" Over Satellite Radio: Has Pacifica Met Its Match?, Aurele Danoff
"Raised Eyebrows" Over Satellite Radio: Has Pacifica Met Its Match?, Aurele Danoff
Pepperdine Law Review
No abstract provided.
Roundtable Discussion, Vikram Amar, Joan Biskupic, Douglas W. Kmiec, Jeffrey Rosen, Kenneth W. Starr, Kathleen M. Sullivan
Roundtable Discussion, Vikram Amar, Joan Biskupic, Douglas W. Kmiec, Jeffrey Rosen, Kenneth W. Starr, Kathleen M. Sullivan
Pepperdine Law Review
No abstract provided.
Free Speech, Kathleen M. Sullivan
Red Lion And Pacifica: Are They Relics?, L. A. Powe Jr
Red Lion And Pacifica: Are They Relics?, L. A. Powe Jr
Pepperdine Law Review
No abstract provided.
The Future Of Free Expression In A Digital Age, Jack M. Balkin
The Future Of Free Expression In A Digital Age, Jack M. Balkin
Pepperdine Law Review
In the twenty-first century, at the very moment that our economic and social lives are increasingly dominated by information technology and information flows, the judge-made doctrines of the First Amendment seem increasingly irrelevant to the key free speech battles of the future. The most important decisions affecting the future of freedom of speech will not occur in constitutional law; they will be decisions about technological design, legislative and administrative regulations, the formation of new business models, and the collective activities of end-users. Moreover, the values of freedom of expression will become subsumed within a larger set of concerns that I …