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Articles 1 - 29 of 29
Full-Text Articles in Law
Freedom From Speech, Mary Anne Franks
Freedom From Speech, Mary Anne Franks
Articles
The importance of freedom of speech in a democratic society is usually taken as a given, but freedom from speech is no less important in safeguarding the values of truth, autonomy, and democracy. Freedom from speech includes both the right of the individual to not be forced to speak and the freedom to avoid the speech of others. This essay attempts to highlight the significance of freedom from speech in order to clarify the importance of the First Amendment right against compelled speech; provide an explanation for when the right of free speech yields to other rights; and offer a …
Racialized, Judaized, Feminized: Identity-Based Attacks On The Press, Lili Levi
Racialized, Judaized, Feminized: Identity-Based Attacks On The Press, Lili Levi
Articles
No abstract provided.
Failure To Capture: Why Business Does Not Control The Rulemaking Process, Gabriel Scheffler
Failure To Capture: Why Business Does Not Control The Rulemaking Process, Gabriel Scheffler
Articles
Leading figures on both the political right and the political left have concluded that the agency rulemaking process is captured: that it serves to benefit businesses, at the expense of the general public. This perception appears to be supported by recent theoretical and empirical scholarship and has prompted lawmakers to introduce various proposals to reform the federal rulemaking process.
Yet as I will demonstrate in this Article, the view of the rulemaking process as captured is unwarranted. I will show that the academic literature actually provides little guidance as to the magnitude of business influence that is, the extent to …
The Second Amendment's Safe Space, Or The Constitutionlization Of Fragility, Mary Anne Franks
The Second Amendment's Safe Space, Or The Constitutionlization Of Fragility, Mary Anne Franks
Articles
No abstract provided.
How The Internet Unmakes Law, Mary Anne Franks
The Internet As A Speech Machine And Other Myths Confounding Section 230 Reform, Mary Anne Franks, Danielle Citron
The Internet As A Speech Machine And Other Myths Confounding Section 230 Reform, Mary Anne Franks, Danielle Citron
Articles
No abstract provided.
Real "Fake News" And Fake "Fake News", Lili Levi
Lessons Learned Too Well: Anonymity In A Time Of Surveillance, A. Michael Froomkin
Lessons Learned Too Well: Anonymity In A Time Of Surveillance, A. Michael Froomkin
Articles
It is no longer reasonable to assume that electronic communications can be kept private from governments or private-sector actors. In theory, encryption can protect the content of such communications, and anonymity can protect the communicator's identity. But online anonymity-one of the two most important tools that protect online communicative freedom-is under practical and legal attack all over the world. Choke-point regulation, online identification requirements, and data-retention regulations combine to make anonymity very difficult as a practical matter and, in many countries, illegal. Moreover, key internet intermediaries further stifle anonymity by requiring users to disclose their real names.
This Article traces …
Taming The "Feral Beast": Cautionary Lessons From British Press Reform, Lili Levi
Taming The "Feral Beast": Cautionary Lessons From British Press Reform, Lili Levi
Articles
No abstract provided.
Journalism Standards And "The Dark Arts": The U.K.'S Leveson Inquiry And The U.S. Media In The Age Of Surveillance, Lili Levi
Articles
No abstract provided.
Plan B For Campaign-Finance Reform: Can The Fcc Help Save American Politics After Citizens United?, Lili Levi
Plan B For Campaign-Finance Reform: Can The Fcc Help Save American Politics After Citizens United?, Lili Levi
Articles
No abstract provided.
A "Pay Or Play" Experiment To Improve Children's Educational Television, Lili Levi
A "Pay Or Play" Experiment To Improve Children's Educational Television, Lili Levi
Articles
No abstract provided.
The Fcc's Affirmative Speech Obligations Promoting Child Welfare, Lili Levi
The Fcc's Affirmative Speech Obligations Promoting Child Welfare, Lili Levi
Articles
No abstract provided.
Toward A Broadband Public Interest Standard, Anthony E. Varona
Toward A Broadband Public Interest Standard, Anthony E. Varona
Articles
No abstract provided.
Chairman Kevin Martin On Indecency: Enhancing Agency Power, Lili Levi
Chairman Kevin Martin On Indecency: Enhancing Agency Power, Lili Levi
Articles
No abstract provided.
The Four Eras Of Fcc Public Interest Regulation, Lili Levi
The Four Eras Of Fcc Public Interest Regulation, Lili Levi
Articles
No abstract provided.
In Search Of Regulatory Equilibrium, Lili Levi
Out Of Thin Air: Using First Amendment Public Forum Analysis To Redeem American Broadcasting Regulation, Anthony E. Varona
Out Of Thin Air: Using First Amendment Public Forum Analysis To Redeem American Broadcasting Regulation, Anthony E. Varona
Articles
American television and radio broadcasters are uniquely privileged among Federal Communications Commission (FCC) licensees. Exalted as public trustees by the 1934 Communications Act, broadcasters pay virtually nothing for the use of their channels of public radiofrequency spectrum, unlike many other FCC licensees who have paid billions of dollars for similar digital spectrum. Congress envisioned a social contract of sorts between broadcast licensees and the communities they served. In exchange for their free licenses, broadcast stations were charged with providing a platform for a "free marketplace of ideas" that would cultivate a democratically engaged and enlightened citizenry through the broadcasting of …
Professionalism, Oversight, And Institution-Balancing: The Supreme Court's "Second Best" Plan For Political Debate On Television, Lili Levi
Articles
Televised political debates have become a staple of modern elections. Proponents of open access to such debates argue that third party participation is a democratic necessity. They see as catastrophic the Supreme Court's decision in Arkansas Educational Television Commission v. Forbes, in which a state broadcaster was given the discretion to exclude a minor party candidate from a televised debate so long as the decision was viewpoint-neutral. This Article reads the Court's decision as a functional, "second best" solution that seeks to mediate the expressive and democratic values implicated in both open and closed access models. More generally, the …
Reflections On The Fcc's Recent Approach To Structural Regulation Of The Electronic Mass Media, Lili Levi
Reflections On The Fcc's Recent Approach To Structural Regulation Of The Electronic Mass Media, Lili Levi
Articles
No abstract provided.
Reporting The Official Truth: The Revival Of The Fcc's News Distortion Policy, Lili Levi
Reporting The Official Truth: The Revival Of The Fcc's News Distortion Policy, Lili Levi
Articles
No abstract provided.
Telecommunications In The Twenty-First Century: Global Perspectives On Community And Diaspora Among Netcitizens, Madeleine M. Plasencia
Telecommunications In The Twenty-First Century: Global Perspectives On Community And Diaspora Among Netcitizens, Madeleine M. Plasencia
Articles
The Internet brings heady communications opportunities to those who have access to the Internet. Yet, mounting evidence has proven that a gap or divide exists on Internet usage and access. The divide exists within the United States and, increasingly, on a global basis. Part I of this Article introduces the term "digital divide" and explores the deployment of advanced telecommunications in the United States. Part II traces patterns of access to the Internet based on race and income and subordinates the statistical evidence to the realities of lack of access, and lends a human face to contextualize the real losses …
The Politics Of Race On The Electronic Highway: An Analysis Of The Video Dialtone Redlining Cases And The Nynex Consent Decree In Roxbury, Madeleine M. Plasencia
The Politics Of Race On The Electronic Highway: An Analysis Of The Video Dialtone Redlining Cases And The Nynex Consent Decree In Roxbury, Madeleine M. Plasencia
Articles
No abstract provided.
The Association Of American Law Schools, Section On Mass Communications Law 1997 Annual Conference Panel: Sex, Violence, Children & The Media: Legal, Historical &Empirical; Perspectives, Lili Levi
Articles
No abstract provided.
Not With A Bang But A Whimper: Broadcast License Renewal And The Telecommunications Act Of 1996, Lili Levi
Not With A Bang But A Whimper: Broadcast License Renewal And The Telecommunications Act Of 1996, Lili Levi
Articles
No abstract provided.
The Fcc, Indecency, And Anti-Abortion Political Advertising, Lili Levi
The Fcc, Indecency, And Anti-Abortion Political Advertising, Lili Levi
Articles
No abstract provided.
The Hard Case Of Broadcast Indecency, Lili Levi
Dangerous Liaisons: Seduction And Betrayal In Confidential Press-Source Relations, Lili Levi
Dangerous Liaisons: Seduction And Betrayal In Confidential Press-Source Relations, Lili Levi
Articles
No abstract provided.
Tax Accrual Workpapers: Protected By A Limited Privilege?, Patricia D. White
Tax Accrual Workpapers: Protected By A Limited Privilege?, Patricia D. White
Articles
United States of America
v.
Arthur Young & Company and Amerada Hess Corporation
(Docket No. 82-687)
To be argued January 16, 1984