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Articles 1 - 23 of 23
Full-Text Articles in Law
Today's Porn: Not A Constitutional Right; Not A Human Right, Patrick Trueman
Today's Porn: Not A Constitutional Right; Not A Human Right, Patrick Trueman
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
It’S Time For Revenge Porn To Get A Taste Of Its Own Medicine: An Argument For The Federal Criminalization Of Revenge Porn, Taylor Linkous
It’S Time For Revenge Porn To Get A Taste Of Its Own Medicine: An Argument For The Federal Criminalization Of Revenge Porn, Taylor Linkous
Richmond Journal of Law & Technology
Throughout history, pornography and technology have enjoyed a symbiotic relationship, each playing a significant role in the growth and widespread success of the other. From the VCR and camcorders to the Polaroid camera and the Internet, the pornography industry has always accelerated the growth of new technologies, paving the way for these new services to be introduced into mainstream society. Most of these new technologies were appealing to creators and consumers of pornography because the new technologies brought an increased sense of privacy. For example, much of the success of the Polaroid camera is said to come from the fact …
The Not-So-Risky Business Of High-End Escorts And The Internet In The 21st Century, Robert Rigg
The Not-So-Risky Business Of High-End Escorts And The Internet In The 21st Century, Robert Rigg
Richmond Journal of Law & Technology
Prostitution is often referred to as “the world’s oldest profession.” It is defined as “[t]he act or practice of engaging in sexual activity for money or its equivalent.” As a service industry, it fulfills specific human desires. Nevertheless, most states condemn and criminalize both the act of prostitution and those who solicit such services.
A Decent Proposal: The Constitutionality Of Indecency Regulation On Cable And Direct Broadcast Satellite Services, Matthew S. Schwartz
A Decent Proposal: The Constitutionality Of Indecency Regulation On Cable And Direct Broadcast Satellite Services, Matthew S. Schwartz
Richmond Journal of Law & Technology
Little Timmy’s parents both work late, and he often finds himself sitting alone in front of the television after school. He doesn’t know the difference between “broadcast,” “cable,” or “direct broadcast satellite,” but he does know how to work the remote control. One day, as he is clicking through the channels – 2, 4, 7, 93, 128, they’re all the same to him – he comes across a provocative scene. What are those two people doing? he wonders with wide eyes. And where are most of their clothes? At that moment, Timmy’s father walks in and is shocked by the …
Brief Of Amici Curiae — United States Senate Committee On Commerce, Science, And Transportation
Brief Of Amici Curiae — United States Senate Committee On Commerce, Science, And Transportation
Richmond Journal of Law & Technology
This Amicus Curiae Brief is respectfully filed by the undersigned members of the United States Senate Committee on Commerce, Science, and Transportation (“Committee”). Acting in our capacity on behalf of the United States government, we may file this Brief pursuant to Fed. R. App. P. 29(a). The Committee exercises oversight responsibility for both the Federal Trade Commission (“FTC”) and the Federal Communications Commission (“FCC”). With the respect owed to a co-equal branch of government, we file this Brief to share with the Court our strongly-held views regarding the constitutional law issues in contest in this appeal and the vital public …
Bono, The Culture Wars, And A Profane Decision: The Fcc's Reversal Of Course On Indecency Determinations And Its New Path On Profanity, Clay Calvert
Seattle University Law Review
This article examines the FCC's vigorous new approach to indecency and profanity determinations, including both the legal issues and the greater cultural, political, economic, and social contexts in which that approach is developing. Part I describes the FCC's initial decision regarding the Golden Globes' 2003 broadcast and then compares it with the March 2004 reversal. In the process, Part I lays the historical framework for the FCC's power over indecent expression on the public airwaves. Part II then contextualizes the FCC's new course of action within the framework of the ongoing cultural wars and political battles in the United States …
Protecting Children From Pornography On The Internet: Freedom Of Speech Is Pitching And Congress May Strike Out, Dawn S. Conrad
Protecting Children From Pornography On The Internet: Freedom Of Speech Is Pitching And Congress May Strike Out, Dawn S. Conrad
Richmond Journal of Law & Technology
The Internet provides the First Amendment’s “freedom of speech” with a world of opportunity. Any person with access to the Internet may take advantage of a wide variety of information and communication methods. This unique medium, known to its users as cyberspace, is located in no particular geographical location and has no centralized control point, but is available to anyone, anywhere in the world with access." In the past twenty years, the Internet, a network of connected computers, has experienced extraordinary growth. The number of “host” computers, or those that store information and relay communications, increased between the years of …
Criminalizing "Virtual" Child Pornography Under The Child Pornography Prevention Act: Is It Really What It "Appears To Be?", Wade T. Anderson
Criminalizing "Virtual" Child Pornography Under The Child Pornography Prevention Act: Is It Really What It "Appears To Be?", Wade T. Anderson
University of Richmond Law Review
Years after his death, John Wayne sells beer in television commercials. Eons after their extinction, lifelike dinosaurs continue to terrorize actors and thrill moviegoers. The highest- grossing film of all time4 employs "virtual" passengers aboard the Titanic, worrying some members of the Screen Actors Guild. All of these feats have been accomplished using sophisticated computer graphics software that blurs the distinction between imagination and reality. This manipulative digital power has raised concerns about such things as "digital kidnapping," the unauthorized misuse of digital images. For example, such digital misuse could include, as intellectual property professor Joseph Beard notes, "a star …
Aclu V. Reno: Congress Places Speed Bumps On The Information Superhighway, Dharmesh S. Vashee
Aclu V. Reno: Congress Places Speed Bumps On The Information Superhighway, Dharmesh S. Vashee
Richmond Journal of Law & Technology
In 1996, Congress passed the Communications Decency Act ("CDA") in an effort to regulate indecent speech on the Internet. Through the CDA, Congress sought to protect children from easily accessible, harmful materials on the Internet. In spirit, the law had noble intentions; however, on its face, the CDA raised serious constitutional questions and was immediately challenged by First Amendment advocates in ACLU v. Reno ("Reno I"). Using broad and vague terms such as "indecent" and "patently offensive," the CDA threatened to restrict adult access to a tremendous amount of speech that was constitutionally protected. Additionally, through the imposition of criminal …
You Can't Always Get What You Want: Government's Good Intentions V. The First Amendment's Prescribed Freedoms In Protecting Children From Sexually-Explicit Material On The Internet, Abbigale E. Bricker
You Can't Always Get What You Want: Government's Good Intentions V. The First Amendment's Prescribed Freedoms In Protecting Children From Sexually-Explicit Material On The Internet, Abbigale E. Bricker
Richmond Journal of Law & Technology
Once a small and diverse community of a handful of government computers, the Internet has expanded to an estimated 157 million users worldwide. According to current studies, the fastest growing user populations on the Internet are thirteen to eighteen year-olds and five to twelve year-olds. In addition, the latest "research . . . predicts that the number of children online [will increase] by 155% between 1998 and 2002."
Click Here: Web Links, Trademarks And The First Amendment, Christopher E. Gatewood
Click Here: Web Links, Trademarks And The First Amendment, Christopher E. Gatewood
Richmond Journal of Law & Technology
The World Wide Web has experienced rapid growth during the 1990s, with millions of publishers adding diverse opinions, objectives and page content. The main programming feature that has kept this network of networks from becoming a twisted thicket of web-sites is the hyperlink. These links guide users across the Web by creating connections from page to page and site to site, allowing a reader to follow tangential paths to whatever it is the Web has to offer her. Links provide connections within a site and are also used constantly to travel from one publisher's site to another. Because the linking …
Regulating Indecent Broadcasting: Setting Sail From Harbors Or Sunk By The V-Chip?, Brett Ferenchak
Regulating Indecent Broadcasting: Setting Sail From Harbors Or Sunk By The V-Chip?, Brett Ferenchak
University of Richmond Law Review
"Family values" has become a familiar phrase in all arenas of American life. As a result of the increasing concern over family values in broadcasting, the religious right, as well as the liberal left, have tried to stay the progression of moral decadence in our youth. The concerns have been directed towards violent, sexual and vulgar content in radio, television, and films.
Conservative Supreme Court: Its Impact On Traditional Values, Donald E. Wildman, Benjamin W. Bull
Conservative Supreme Court: Its Impact On Traditional Values, Donald E. Wildman, Benjamin W. Bull
University of Richmond Law Review
Most court watchers agree that the changing composition of the Supreme Court will ineluctably favor the interests of traditional values organizations like the American Family Association. The next decade will surely see the Court return to a more balanced approach in line with the preservation of family values. Certainly some will characterize the new Court as more conservative. To the extent that it will emphasize core principles in the Constitution as the bedrock from which it must proceed, it will be conservative. Yet this is simply a return of the Court to its intended function: interpretation and application of law …
The Role Of State Constitutions In An Era Of Big Government, Stanley Mosk
The Role Of State Constitutions In An Era Of Big Government, Stanley Mosk
University of Richmond Law Review
This is a speech delivered by The Honorable Stanley Mosk, Justice of the Supreme Court of California,at the T.C. Williams School of Law's eighth annual Emroch Lecture. Among his many achievements, Justice Mosk has authored some of California's most constructive legislative proposals in the crime and law enforcement fields, including the measure creating the Commission on Peace Officers Standards and Training.
The New Politics Of Pornography, René L. Todd
The New Politics Of Pornography, René L. Todd
Michigan Law Review
A Review of The New Politics of Pornography by Donald A. Downs
The Lessons Of Miller And Hudnut: On Proposing A Pornography Ordinance That Passes Constitutional Muster, Martin Karo, Marcia Mcbrian
The Lessons Of Miller And Hudnut: On Proposing A Pornography Ordinance That Passes Constitutional Muster, Martin Karo, Marcia Mcbrian
University of Michigan Journal of Law Reform
This Note first reviews the evolution of obscenity law, concentrating on the modern obscenity test formulated in Miller v. California, including its requirement that any obscenity prosecution must be based on a state statute, not merely on the common law. It then examines the elements of the Miller test, arguing that legislatures may determine statewide "community standards" of patently offensive depictions of sexual conduct and discusses the permissibility of legislative expansion of pornography regulation beyond the present boundaries. Part II examines the federal courts' analysis of the civil rights-based antipornography ordinance passed in Indianapolis. Part III suggests standards for …
Hard-Core Pornography: A Proposal For A Per Se Rule, Bruce A. Taylor
Hard-Core Pornography: A Proposal For A Per Se Rule, Bruce A. Taylor
University of Michigan Journal of Law Reform
Part I of this Article discusses the history and pervasiveness of the pornography problem. Part II explains the current legal test for obscenity, as evolved from Miller v. California, with an emphasis on terms commonly used in the definition of obscenity. Part III examines the problems in applying Miller that suggest that the application of a per se hard-core pornography rule may be appropriate. Finally, Part IV presents a proposal for a per se hard-core pornography rule, similar to child pornography laws existing in many jurisdictions and upheld by the Supreme Court in New York v. Ferber. This Article concludes …
Problems In Giving Obscenity Copyright Protection: Did Jartech And Mitchell Brothers Go Too Far?, Kurt L. Schmalz
Problems In Giving Obscenity Copyright Protection: Did Jartech And Mitchell Brothers Go Too Far?, Kurt L. Schmalz
Vanderbilt Law Review
This Recent Development traces in part II the emergence of the rule that obscenity is not copyrightable. Part III then examines the courts' reasoning in Mitchell Brothers and Jartech and analyzes the impact of these cases on copyright law. Part IV finds that although these courts properly vindicate free expression, they fail to recognize adequately the national policy against obscenity and the inconsistency of affording federal copyright protection to materials that violate federal obscenity laws. Thus, this Recent Development argues that the strong national policy against obscenity, as manifested in federal anti-obscenity statutes, requires courts in some cases to deny …
Comparison Evidence In Obscenity Trials, Marguerite Munson Lentz
Comparison Evidence In Obscenity Trials, Marguerite Munson Lentz
University of Michigan Journal of Law Reform
This Article critiques the approach endorsed in Hamling, particularly regarding the Court's failure to consider how the presentation of proof in an obscenity trial affects the defendant's constitutional rights. The Article urges that relevant comparison evidence should be admissible despite the risk of confusion or the opportunity to present expert testimony, and furthermore, that a court should be required to make explicit its findings regarding the relevancy of comparison evidence. Part I of the Article demonstrates the constitutional significance to the obscenity defendant of evidence, particularly comparison exhibits, bearing on prevailing community standards. Part II considers the assessment of …
Judicial Reasoning And Social Change, David Dittfurth
Judicial Reasoning And Social Change, David Dittfurth
Indiana Law Journal
No abstract provided.
Obscenity, The Law And Religion, Thomas A. Long
Obscenity, The Law And Religion, Thomas A. Long
IUSTITIA
The long history of the relation between Western religion and secular law is both interesting and complex.' In what follows I shall discuss one current social issue which is illustrative of this relation,namely, the relatively recent legal-moral controversy over obscenity.
Defects In Indiana's Pornographic Nuisance Act, Thomas L. Davis
Defects In Indiana's Pornographic Nuisance Act, Thomas L. Davis
Indiana Law Journal
No abstract provided.
Constitutional Law- Obscenity Redefined
Constitutional Law- Obscenity Redefined
University of Richmond Law Review
When Sir Charles Sidlye exhibited himself nude on a balcony in 1663, he undoubtedly did not know his eccentric conduct would foreshadow what has become one of the most troublesome areas of constitutional law. The failure of the Supreme Court to provide clear constitutional guidelines for anti-obscenity legislation has occasioned confusion among state and federal authorities, has precipitated a flood of litigation burdening the Court with the task of reviewing a mass of sexually explicit materials to determine what is and is not obscene, and has engendered widespread criticism of the Court's policy in this area of law.