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Full-Text Articles in Law
National Endowment For The Arts V. Finley: First Amendment Free Speech No Longer Guaranteed For The Arts, Andrea Mccoy
National Endowment For The Arts V. Finley: First Amendment Free Speech No Longer Guaranteed For The Arts, Andrea Mccoy
Mercer Law Review
In National Endowment for the Arts v. Finley, the United States Supreme Court confronted the decency and respect criteria of the 1990 Amendment ("Amendment") to the National Foundation on the Arts and Humanities Act of 1965. At issue was whether the Amendment violated the First and Fifth Amendments of the United States Constitution by impermissibly discriminating based on viewpoint and being void for vagueness. The Supreme Court upheld the Amendment as facially valid.
Arkansas Educational Television Commission V. Forbes: Ending Debate On Political Debates, Daniel B. Greenfield
Arkansas Educational Television Commission V. Forbes: Ending Debate On Political Debates, Daniel B. Greenfield
Mercer Law Review
In Arkansas Educational Television Commission v. Forbes, the Supreme Court of the United States addressed whether, and under what circumstances, a public television network may exclude a so-called "minor" candidate from its televised debate. The Court, voting six to three, reversed the decision of the United States Court of Appeals for the Eighth Circuit and upheld the right of the Arkansas Educational Television Commission to exclude the candidate. The Court held that the debate was a nonpublic forum and that a broadcaster could limit debate participants in the reasonable exercise of its journalistic discretion so long as the candidate …