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Full-Text Articles in Law
The First Amendment And Nonpicketing Labor Publicity Under Section 8(B)(4)(Ii)(B) Of The National Labor Relations Act, Lee Goldman
The First Amendment And Nonpicketing Labor Publicity Under Section 8(B)(4)(Ii)(B) Of The National Labor Relations Act, Lee Goldman
Vanderbilt Law Review
This Article attempts to provide the appropriate constitutional analysis of restrictions on nonpicketing labor publicity. Part II describes the relevant statute and illustrative cases, including the Supreme Court's DeBartolo decision, that have raised but not resolved the first amendment issues concerning nonpicketing labor publicity. The cases focus attention on two restrictions the courts have imposed on nonpicketing labor publicity-the "producer-distributor" and the "for the purpose of" requirements. Part III analyzes the protected status of the nonpicketing labor speech by comparing nonpicketing labor publicity with labor picketing and commercial speech-two areas that bear superficial similarity to nonpicketing labor publicity and that …
First Amendment Protection Of Artistic Entertainment: Toward Reasonable Municipal Regulation Of Video Games, John E. Sullivan
First Amendment Protection Of Artistic Entertainment: Toward Reasonable Municipal Regulation Of Video Games, John E. Sullivan
Vanderbilt Law Review
This Note proposes that video game software, the driving force of all video game entertainment, is an artistic creation of a video game designer. Because the United States Supreme Court repeatedly has recognized that artistic expression and entertainment are forms of expression that the first amendment protects, video game software deserves first amendment protection. Video game software is the "heart and soul"" of the video game, and first amendment protection, therefore, also should blanket the game itself. Accordingly, free "speech" liberties give video game manufacturers, distributors, and operators a fundamental right to purvey the protected expression; and the public a …
Cable Franchising And The First Amendment, William E. Lee
Cable Franchising And The First Amendment, William E. Lee
Vanderbilt Law Review
In awarding and regulating cable franchises, cities often extract from cable operators promises and conditions such as access channels in exchange for exclusive use of public rights-of-way. Professor William Lee in this Article argues that this cable franchising process violates the first amendment rights of cable operators. Professor Lee rejects the two rationales for municipal cable regulation by contending that cable is not a natural monopoly in every market and that cable's use of public rights-of-way requires content neutral regulation. The exacting of conditions such as access channels, however, is not content neutral regulation. Furthermore, censorship decisions that municipalities require …
Freedom Of Association And State Regulation Of Delegate Selection: Potential For Conflict At The 1984 Democratic National Convention, Platte B. Moring, Iii
Freedom Of Association And State Regulation Of Delegate Selection: Potential For Conflict At The 1984 Democratic National Convention, Platte B. Moring, Iii
Vanderbilt Law Review
This Note begins with a discussion of the history of the regulation of state parties by state law and national party rules. The Note then traces the development of case law concerning state regulation of party delegate selection procedures. Finally, the Note explores the potential for credentials disputes and litigation on the primacy of state party rules over contrary state laws if both the party rules and the state regulations comply with the Delegate Selection Rules for the 1984 Democratic National Convention. The Note concludes that the first amendment right of freedom of association guarantees that a state party may …
Accomodation Of Reputational Interests And Free Press: A Call For A Strict Interpretation Of Gertz, Tom Wall
Accomodation Of Reputational Interests And Free Press: A Call For A Strict Interpretation Of Gertz, Tom Wall
Fordham Urban Law Journal
New York Times Co. v. Sullivan provides that states may award damages in defamation actions brought by public officials against media critics of their official conduct only if the plaintiff proves that the defendant acted with "actual malice." Subsequently, the Supreme Court extended this rule to public figures and promulgated standards for identifying public figures. The Court declared unconstitutional the common law standard of strict liability in actions brought by private individuals. Establishing negligence as a constitutional minimum, the Court delegated to the states the responsibility for formulating the proper standard of fault in actions brought by private individuals. This …
Free Speech And The Assumption Of Rationality, Frederick Schauer
Free Speech And The Assumption Of Rationality, Frederick Schauer
Vanderbilt Law Review
First amendment doctrine is now both broad and complex, and the task of writing about all of it seems at least forbidding and perhaps impossible. Unthwarted by the magnitude of the mission, however, Franklyn Haiman has attempted, in Speech and Law in a Free Society,7 to survey and to integrate almost every area in which the first amendment restricts or should restrict the powers of the states and the federal government. Haiman's book is in some ways reminiscent of Thomas Emer-son's The System of Freedom of Expression." Like Emerson,Haiman devotes only a relatively brief introductory portion of his book to …
A Free Press: The Forgotten Issue In Home Placement V. Providence Journal, Robert J. Curran
A Free Press: The Forgotten Issue In Home Placement V. Providence Journal, Robert J. Curran
Seattle University Law Review
This Note demonstrates that the court's decision in Home Placement did infringe upon protected first amendment activity. Since free speech and free press guarantees were threatened by the government's action, the court should have balanced the competing interests and held in favor of Home Placement only upon a showing of a compelling state interest. After examining the interests of the advertiser, the reader, the government, and the newspaper, this Note concludes that the newspaper's right to control its message and to make editorial decisions free from the threat of governmental interference overbalance the antitrust claim made in this case. A …