Law Commons^™

For Entertainment Purposes Or Ad Majorem Dei Gloriam: Televangelism In The Marketplace Of Ideas, Juan G. Villasenor

Vanderbilt Journal of Entertainment & Technology Law

This Note discusses the proposed legal responses to the problem of fraud by televangelists. Finding the solutions constitutionally deficient, politically unsound, or practically ineffective as deterrents, it then explores the possibility of a content-based restriction on televangelists' speech. The Note concludes that such a deliberate restriction on speech cannot withstand First Amendment scrutiny, regardless of the dishonesty or disingenuousness one may find in televangelists' tactics. Accordingly, despite the great potential for deception, televangelists' activities are, and should be, absolutely protected by the First Amendment. Any proposed remedy to deal with televangelism must occur in the marketplace of ideas, which is …

Framing And Blaming In The Culture Wars: Marketing Murder Or Selling Speech?, Clay Calvert

Vanderbilt Journal of Entertainment & Technology Law

This Article uses the Pahler legal battle as a case study to examine the current culture wars that have placed the Hollywood recording and entertainment industries in the legal crosshairs of both legislative and judicial efforts to redefine popular teen culture. The first section demonstrates how the theories at issue in Pahler mirror the tactics used in the recent war against tobacco industry advertising that also allegedly targeted minors. Next, the Article situates Pahler within the context of Congressional hearings in the fall of 2000 that focused attention on the alleged Hollywood marketing of products featuring violent content to minors. …

First Amendment & Goal: High School Recruiting And The State Actor Theory, David W. Dulabon

Vanderbilt Journal of Entertainment & Technology Law

After hearing the arguments of both sides, the District Court for Middle Tennessee held that the recruiting rule violates the First Amendment, making the sanctions imposed by the TSSAA on Brentwood Academy void and unenforceable. On appeal, the Sixth Circuit failed to address the First Amendment issue due to its holding that the TSSAA did not constitute a state actor for constitutional law purposes. The Sixth Circuit concluded that the TSSAA's actions are not fairly attributable to the state of Tennessee. The court also noted that Brentwood Academy's purely voluntary association with the TSSAA prevented the private high school from …

Concerts: Rated Or Raided? First Amendment Implications Of Concert-Rating, Deborah Cazan

Vanderbilt Journal of Entertainment & Technology Law

This Note examines the constitutionality as well as practicality of two different concert-rating statutes. San Antonio ordinance 61,850, the first attempt at concert-rating, has never been challenged constitutionally. This Note asserts that if the ordinance were challenged, the Court would find it constitutionally valid on its face, despite the possibility of unconstitutional applications. However, some unconstitutional consequences remain. The second statute examined is one recently proposed by Senator Shugars in the Michigan state legislature. Like the San Antonio ordinance, this Note concludes that Senate Bill 239 would also withstand a constitutional challenge.

This Note examines the history and structure of …