Law Commons^™

Closing The Barn Door After The Genie Is Out Of The Bag: Recognizing A "Futility Principle" In First Amendment Jurisprudence, Eric Easton

All Faculty Scholarship

This article argues for a simple proposition: the First Amendment imposes a presumption against the suppression of speech when suppression would be futile. Suppression is futile when the speech is available to the same audience through some other medium or at some other place. The government can overcome this presumption of futility only when it asserts an important interest that is unrelated to the content of the speech in question, and only when the suppression directly advances that interest.

In Part I, the article explores the role that this unarticulated "futility principle" has played in Supreme Court and other decisions …

Censorship Of Cyberspace A Personal Choice, I. Trotter Hardy

Popular Media

No abstract provided.

The First Amendment And The National Information Infrastructure, Fred H. Cate

Articles by Maurer Faculty

What the First Amendment status of electronic information should be is a fundamental question which must be addressed in any attempt to arrive at appropriate legal standards to protect the multifarious interests of the users of cyberspace. Yet, despite its importance, the First Amendment has largely been ignored in the debate surrounding what sort of legal framework should control the emerging National Information Infrastructure. Professor Cate surveys the current terrain of First Amendment jurisprudence and describes the different analytical approaches which may be taken. Doctrinal anomalies such as the law of common carriage indicate that at times the courts have …

The Top Fives: An Internet Pathfinder For Law Librarians, Yolanda Patrice Jones

Articles by Maurer Faculty

Many law librarians are currently beginning to explore the Internet as a source of legal information. One of the most frequently asked questions after one gets an Internet connection is "Where do I go from here?" The following pathfinder is a list of what I consider to be the most important resources which will lead the legal researcher to the widest possible amount of legal information on the Internet.

This list is purely subjective, and certainly not complete. I tried to stick to the 'top five' format as much as possible, but every so often I couldn't help myself from …

Comments On A Revised Filing System, R. Wilson Freyermuth

Faculty Publications

Professor Edward Adams's article, both in terms of its basic structure and the myriad of options it offers, neatly highlights the basic dilemma facing the Drafting Committee as it addresses the future Article 9 filing system. As he correctly notes, the filing system's shortcomings are largely due to its continued dependence on paper records, despite the increasing sophistication and availability of computerized information technology for both filing and searching. Should the Drafting Committee maintain the basics of the current system (a public, paper-based filing system) and merely attempt to identify and correct the existing shortcomings in that system, with some …

A Puzzle Even The Codebreakers Have Trouble Solving: A Clash Of Interests Over The Electronic Encryption Standard, Sean Flynn

Articles in Law Reviews & Other Academic Journals

No abstract provided.