Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 22 of 22

Full-Text Articles in Law

Maintaining Safety And Civility In Public Spaces: A Constitutional Approach To Aggressive Begging, Robert Teir Nov 1993

Maintaining Safety And Civility In Public Spaces: A Constitutional Approach To Aggressive Begging, Robert Teir

Louisiana Law Review

No abstract provided.


Religion And Public Debate In A Liberal Society: Always Oil And Water Or Sometimes More Like Rum And Coca-Cola, Maimon Schwarzschild Nov 1993

Religion And Public Debate In A Liberal Society: Always Oil And Water Or Sometimes More Like Rum And Coca-Cola, Maimon Schwarzschild

San Diego Law Review

This Article analyzes the role of religion during the Enlightenment, particularly focusing on the negative views toward Christianity. The author explores the reasons why Christianity was not embraced by Enlightenment thinkers, and attempts to relate this to the modern view of religion. Where religious thinking posed a considerable threat to institutions in the era of Enlightenment, religious thinking arguably does not pose such a threat in modern times. The author concludes with an argument that the presence of religion in modern society strengthens pluralism, and thus strengthens liberal society itself.


Braun V. Soldier Of Fortune: Tort Law Enters The Braun's Age As Constitutional Safeguards For Commercial Speech Buckle 'Neath The Crunch Of Third-Party Liability, Timothy J. Tatro Nov 1993

Braun V. Soldier Of Fortune: Tort Law Enters The Braun's Age As Constitutional Safeguards For Commercial Speech Buckle 'Neath The Crunch Of Third-Party Liability, Timothy J. Tatro

San Diego Law Review

Advertising is more than just a substantial source of revenue for publications. This author contends that advertising embodies the liberties of free speech and free press secured to all of us so fundamentally by the First Amendment. This Casenote analyzes Braun v. Soldier of Fortune Magazine, Inc., in which the Eleventh Circuit held a magazine liable for negligently publishing a gun-for-hire advertisement that allegedly resulted in the death of the plaintiff's father. The author is critical of this decision, noting the detrimental, long-reaching effects of sustaining a negligence action that penetrates so deeply into First Amendment freedoms.


Black And White Images, John H. Garvey Oct 1993

Black And White Images, John H. Garvey

Law and Contemporary Problems

Whether the National Endowment for the Arts can control the content of speech that it pays for is a hard First Amendment question. The way in which Congress has tried to answer it is discussed.


Artists And Unconstitutional Conditions: The Big Bad Wolf Won’T Subsidize Little Red Riding Hood’S Indecent Art, Michael J. Elston Oct 1993

Artists And Unconstitutional Conditions: The Big Bad Wolf Won’T Subsidize Little Red Riding Hood’S Indecent Art, Michael J. Elston

Law and Contemporary Problems

Recent developments in the area of academic freedom and artistic expression are examined, considering First Amendment protection for artistic expression as well as the particular problem of government funding of the arts.


Unfriendly Persuasion: Enjoining Residential Picketing, Hazel A. Landwehr Oct 1993

Unfriendly Persuasion: Enjoining Residential Picketing, Hazel A. Landwehr

Duke Law Journal

Imagine that one pleasant Sunday afternoon, you look out your window and see a group of twenty to fifty people picketing on the street in front of your home. The picketers are carrying signs that name you. Although the gathering is ''peaceful,'' the very presence of the crowd is threatening, prompting you to close your windows, draw your blinds, and keep your family in the house until,the picketers leave. Now imagine that these same picketers, in greater or lesser numbers, re-create this same event at your home every Sunday afternoon. What should be a day of rest spent with ...


Lawyers, Please Check Your First Amendment Rights At The Bar: The Problem Of State-Mandated Bar Dues And Compelled Speech, James B. Lake Sep 1993

Lawyers, Please Check Your First Amendment Rights At The Bar: The Problem Of State-Mandated Bar Dues And Compelled Speech, James B. Lake

Washington and Lee Law Review

No abstract provided.


Hunter Harassment Statutes: Do They Shoot Holes Into The First Amendment, John A. Grafton Sep 1993

Hunter Harassment Statutes: Do They Shoot Holes Into The First Amendment, John A. Grafton

West Virginia Law Review

No abstract provided.


Strangers On A Train, Peirre N. Leval May 1993

Strangers On A Train, Peirre N. Leval

Michigan Law Review

A Review of Make No Law: The Sullivan Case and the First Amendment by Anthony Lewis


Girls Lean Back Everywhere: The Law Of Obscenity And The Assault On Genius, Anne E. Gilson May 1993

Girls Lean Back Everywhere: The Law Of Obscenity And The Assault On Genius, Anne E. Gilson

Michigan Law Review

A Review of Girls Lean Back Everywhere: The Law of Obscenity and the Assault on Genius by Edward de Grazia


Free Speech For Me—But Not For Thee: How The American Left And Right Relentlessly Censor Each Other, Bradley L. Smith May 1993

Free Speech For Me—But Not For Thee: How The American Left And Right Relentlessly Censor Each Other, Bradley L. Smith

Michigan Law Review

A Review of Free Speech for Me—But Not for Thee: How the American Left and Right Relentlessly Censor Each Other by Nat Hentoff


Making A Woman's Safety More Important Than Peep Shows: A Review Of The Pornography Victims' Compensation Act, Sheila J. Winkelman Jan 1993

Making A Woman's Safety More Important Than Peep Shows: A Review Of The Pornography Victims' Compensation Act, Sheila J. Winkelman

Urban Law Annual ; Journal of Urban and Contemporary Law

No abstract provided.


Silence And The Word, Paul Campos Jan 1993

Silence And The Word, Paul Campos

Articles

No abstract provided.


Progressive Free Speech And The Uneasy Case For Campus Hate Codes, Robert F. Nagel Jan 1993

Progressive Free Speech And The Uneasy Case For Campus Hate Codes, Robert F. Nagel

Articles

No abstract provided.


How To Do Things With The First Amendment, Pierre Schlag Jan 1993

How To Do Things With The First Amendment, Pierre Schlag

Articles

No abstract provided.


The First Amendment Doctrine Of Underbreadth, William E. Lee Jan 1993

The First Amendment Doctrine Of Underbreadth, William E. Lee

Washington University Law Review

This Article explains why the Supreme Court approaches differential treatment in such diverse ways. Because the topic of differential treatment of categories of expression has been explored elsewhere, this Article primarily focuses on differential treatment of communicators. In addition, because the press is frequently singled out for special treatment, the author discusses the question whether the press should be regarded as special. This Article argues that there are powerful reasons for preventing the government from discriminating among members of the press. These reasons also require that the government not discriminate between the press and nonpress communicators.


Reporting The Truth And Setting The Record Straight: An Analysis Of U.S. And Japanese Libel Laws, Ellen M. Smith Jan 1993

Reporting The Truth And Setting The Record Straight: An Analysis Of U.S. And Japanese Libel Laws, Ellen M. Smith

Michigan Journal of International Law

This Note argues that U.S. courts and lawmakers should adopt some aspects of Japanese libel law. Part I compares the balances struck in U.S. and Japanese libel law between promoting press freedoms and protecting individual interests. Part II focuses on the extent to which each system succeeds in addressing the objectives of encouraging aggressive, accurate reporting, and compensating libel victims. Finally, Part III proposes a new U.S. libel standard that would adopt, with some modifications, key elements of Japanese libel law without running afoul of established U.S. constitutional requirements.


The Supreme Court's Attack On Attorneys' Freedom Of Expression: The Gentile V. State Bar Of Nevada Decision, Suzanne F. Day Jan 1993

The Supreme Court's Attack On Attorneys' Freedom Of Expression: The Gentile V. State Bar Of Nevada Decision, Suzanne F. Day

Case Western Reserve Law Review

No abstract provided.


A Critique Of The Anti-Pornography Syllogism , George C. Thomas Iii Jan 1993

A Critique Of The Anti-Pornography Syllogism , George C. Thomas Iii

Maryland Law Review

No abstract provided.


Stemming The Sleaze: A Comprehensive Approach To The Problems Of Negative Political Advertising, Lawrence M. Frankel Jan 1993

Stemming The Sleaze: A Comprehensive Approach To The Problems Of Negative Political Advertising, Lawrence M. Frankel

Santa Clara Law Review

No abstract provided.


Dancing On The Outer Perimeters: The Supreme Court's Precarious Protection Of Expressive Conduct, Jeffrey S. Raskin Jan 1993

Dancing On The Outer Perimeters: The Supreme Court's Precarious Protection Of Expressive Conduct, Jeffrey S. Raskin

Santa Clara Law Review

No abstract provided.


The Pc Harangue, James Boyle Jan 1993

The Pc Harangue, James Boyle

Faculty Scholarship

No abstract provided.