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Articles 1 - 30 of 77
Full-Text Articles in Law
Communications Media And The First Amendment: A Viewpoint-Neutral Fcc Is Not Too Much To Ask For, Helgi Walker
Communications Media And The First Amendment: A Viewpoint-Neutral Fcc Is Not Too Much To Ask For, Helgi Walker
Federal Communications Law Journal
In the "new economy" driven by the telecommunications industry, the FCC is a busy agency. Given the myriad legal issues faced daily by agency decisionmakers and the lack of perfect clarity in major communications legislation, a few legal missteps here and there by the FCC might be expected. In one area, however, the public can and should demand a first-rate agency record: regulation of communications media without regard to the viewpoint expressed via that media, as the First Amendment requires. This Article offers two case studies in which the FCC arguably took viewpoint-discriminatory actions with regard to regulated broadcasters, and …
Proactive Legislation And The First Amendment, Stuart Minor Benjamin
Proactive Legislation And The First Amendment, Stuart Minor Benjamin
Michigan Law Review
It is a commonplace that the world is changing rapidly, with whole sectors of the economy being transformed. New forms of communication, like the World Wide Web, e-mail, and satellite television, have risen from obscurity to ubiquity in less than a decade. The speed of these changes has led some to express concern about the ability of governments to respond. The fear is that governments cannot keep up with developments as they occur and thus get hopelessly behind. The solution, according to some, is for the government to act proactively - before a harm has arisen, so that the government …
The New World Of News Media, David Broder
The New World Of News Media, David Broder
University of Arkansas at Little Rock Law Review
No abstract provided.
Privacy And The Press In The New Millennium: How International Standards Are Driving The Privacy Debate In The United States And Abroad, Jane E. Kirtley
Privacy And The Press In The New Millennium: How International Standards Are Driving The Privacy Debate In The United States And Abroad, Jane E. Kirtley
University of Arkansas at Little Rock Law Review
No abstract provided.
Food Lion As Reform Or Revolution: "Publication Damages" And First Amendment Scrutiny, Susan M. Gilles
Food Lion As Reform Or Revolution: "Publication Damages" And First Amendment Scrutiny, Susan M. Gilles
University of Arkansas at Little Rock Law Review
No abstract provided.
The Internet Down Under: Can Free Speech Be Protected In A Democracy Without A Bill Of Rights, Robert Trager, Susan Turner
The Internet Down Under: Can Free Speech Be Protected In A Democracy Without A Bill Of Rights, Robert Trager, Susan Turner
University of Arkansas at Little Rock Law Review
No abstract provided.
The Paradox Of Professionalism: Journalism And Malpractice, Robert E. Drechsel
The Paradox Of Professionalism: Journalism And Malpractice, Robert E. Drechsel
University of Arkansas at Little Rock Law Review
No abstract provided.
Annotating The News: Mitigating The Effects Of Media Convergence And Consolidation, Eric B. Easton
Annotating The News: Mitigating The Effects Of Media Convergence And Consolidation, Eric B. Easton
University of Arkansas at Little Rock Law Review
No abstract provided.
All Monica, All Of The Time: The 24-Hour News Cycle And The Proof Of Culpability In Libel Actions, David A. Logan
All Monica, All Of The Time: The 24-Hour News Cycle And The Proof Of Culpability In Libel Actions, David A. Logan
University of Arkansas at Little Rock Law Review
No abstract provided.
If You Can't Say Something Nice, Don't Say Anything At All: Hill V. Colorado And The Antiabortion Protest Controversy, Christy E. Wilhelm
If You Can't Say Something Nice, Don't Say Anything At All: Hill V. Colorado And The Antiabortion Protest Controversy, Christy E. Wilhelm
Campbell Law Review
No abstract provided.
The Better Means Of Preserving Free Expression: Thoughts On Vigilance, Responsibility, Stewardship, Journalism Education, And The Demise Of Value Systems, Don E. Tomlinson
The Better Means Of Preserving Free Expression: Thoughts On Vigilance, Responsibility, Stewardship, Journalism Education, And The Demise Of Value Systems, Don E. Tomlinson
University of Arkansas at Little Rock Law Review
No abstract provided.
Constitutional Law—Arkansas's Nondelegation Doctrine: The Arkansas Supreme Court Defines A Limit On The Delegation Of Legislative Authority To A Private Party. Leathers V. Gulf Rice Arkansas, Inc., 338 Ark. 425, 994 S.W.2d 481 (1999)., Benjamin Mccorkle
University of Arkansas at Little Rock Law Review
No abstract provided.
Digital Replicas Of Celebrities: Copyright, Trademark, And Right Of Publicity Issues, Joseph J. Beard
Digital Replicas Of Celebrities: Copyright, Trademark, And Right Of Publicity Issues, Joseph J. Beard
University of Arkansas at Little Rock Law Review
No abstract provided.
Santa Fe Independent School District V. Doe: The Constitutional Complexities Associated With Student-Led Prayer, Jennifer Carol Irby
Santa Fe Independent School District V. Doe: The Constitutional Complexities Associated With Student-Led Prayer, Jennifer Carol Irby
Campbell Law Review
No abstract provided.
Court Decisions As Information Sources For Journalists: How Journalists Can Better Cover Appellate Decisions, F. Dennis Hale
Court Decisions As Information Sources For Journalists: How Journalists Can Better Cover Appellate Decisions, F. Dennis Hale
University of Arkansas at Little Rock Law Review
No abstract provided.
The First Amendment In The New Millennium: How A Shifting Paradigm Threatens The First Amendment And Free Speech, Sandra F. Chance
The First Amendment In The New Millennium: How A Shifting Paradigm Threatens The First Amendment And Free Speech, Sandra F. Chance
University of Arkansas at Little Rock Law Review
No abstract provided.
First Amendment—Campaign Finance Reform—The Supreme Court Halts The Eighth Circuit's Invalidation Of State Campaign Contribution Limits. Nixon V. Shrink Missouri Government Political Action Committee, 120 S. Ct. 897 (2000)., Erin Buford Vinett
University of Arkansas at Little Rock Law Review
No abstract provided.
Constitutional Law—First Amendment—Does The Right To Free Speech Trump The Right To Worship? Olmer V. City Of Lincoln, 192 F.3d 1176 (8th Cir. 1999)., Patti Stanley
University of Arkansas at Little Rock Law Review
No abstract provided.
Constitutional Law And Criminal Procedure—Media Ride-Alongs Into The Home: Can They Survive A Head-On Collision Between First And Fourth Amendment Rights? Wilson V. Layne, 526 U.S. 603 (1999), Deleith Duke Gossett
Constitutional Law And Criminal Procedure—Media Ride-Alongs Into The Home: Can They Survive A Head-On Collision Between First And Fourth Amendment Rights? Wilson V. Layne, 526 U.S. 603 (1999), Deleith Duke Gossett
University of Arkansas at Little Rock Law Review
No abstract provided.
Chandler V. James: Welcoming Student Prayer Back In The Schoolhouse Gate, Sarah Beth Mabery
Chandler V. James: Welcoming Student Prayer Back In The Schoolhouse Gate, Sarah Beth Mabery
Mercer Law Review
In Chandler v. James, the Eleventh Circuit Court of Appeals vacated the district court's order permanently enjoining enforcement of an Alabama statute that permitted student-initiated religious speech in public schools. The court of appeals concluded that permitting student initiated religious speech did not violate the Establishment Clause and such speech is protected by the Free Exercise and Free Speech Clauses of the First Amendment.
Incitement To Violence On The World Wide Web: Can Web Publishers Seek First Amendment Refuge?, Lonn Weissblum
Incitement To Violence On The World Wide Web: Can Web Publishers Seek First Amendment Refuge?, Lonn Weissblum
Michigan Telecommunications & Technology Law Review
The purpose of this comment is to analyze the potential First Amendment implications of the appearance of bomb-making instructions on the Web in the United States. Moreover, this comment will ultimately consider the notion that "because Brandenburg allows consideration of all the unique characteristics of the Web, there is no reason to formulate new jurisprudence merely because of new technology." Part II examines the seminal cases in the area of speech action, including Schenck v. United States, Hess v. Indiana, and Brandenburg v. Ohio, and the adulations and criticisms that resulted from these cases. Part III discusses the civil cases …
The United Mall Of America: Free Speech, State Constitutions, And The Growing Fortress Of Private Property, Jennifer Niles Coffin
The United Mall Of America: Free Speech, State Constitutions, And The Growing Fortress Of Private Property, Jennifer Niles Coffin
University of Michigan Journal of Law Reform
Scholars have called the shopping mall the modern replacement for the traditional town square, a claim that is supported by both public investment in infrastructure through municipal and state bond issues and by the presence of public services and events in many malls. Mall owners and tenants have exploited this quasi public character by inviting government agencies to become tenants in the malls ("City Hall at the Mall") despite claiming that malls are private property where constitutionally protected freedoms do not apply. After an initial and shortlived ruling that mall visitors do indeed have free speech rights, the Supreme Court …
Wilson, V Layne: Bans Press With Police In The Home, But Leaves Media Ride-Alongs Intact, Kathy A. Brown
Wilson, V Layne: Bans Press With Police In The Home, But Leaves Media Ride-Alongs Intact, Kathy A. Brown
West Virginia Law Review
No abstract provided.
Viacom-Cbs Merger: Media Competition And Consolidation In The New Millennium, Andrew Jay Schwartzman
Viacom-Cbs Merger: Media Competition And Consolidation In The New Millennium, Andrew Jay Schwartzman
Federal Communications Law Journal
No abstract provided.
Limiting Tort Liability For Online Third-Party Content Under Section 230 Of The Communications Act, Jonathan A. Friedman, Francis M. Buono
Limiting Tort Liability For Online Third-Party Content Under Section 230 Of The Communications Act, Jonathan A. Friedman, Francis M. Buono
Federal Communications Law Journal
Section 230 of the Communications Act provides online service providers (OSPs) with immunity from liability for harms arising from third-party content that is made available through an OSP's services. Some courts have recently held that section 230 immunity covers not only defamation but any tort claim that would make an OSP liable for information originating from the OSP's users or commercial partners. This Article argues that section 230 has been properly interpreted by the courts and that, contrary to the claims of critics, those decisions have not created a disincentive for OSPs aggressively to monitor their sites for defamatory or …
Editorial Rights Of Public Broadcasting Stations Vs. Access For Minor Political Candidates To Television Debates, Kyu Ho Youm
Editorial Rights Of Public Broadcasting Stations Vs. Access For Minor Political Candidates To Television Debates, Kyu Ho Youm
Federal Communications Law Journal
In Arkansas Education Television Commission v. Forbes, the Supreme Court of the United States held that a state-owned public station did not violate the First Amendment in excluding a third-party candidate from a political debate organized and broadcast by the television station because the debate was a nonpublic forum. In this Article, Professor Youm examines the constitutional and statutory framework on the access for political candidates to TV debates, the judicial interpretations of the political candidates' claim for access to public television debates, and the Supreme Court's balancing in Forbes of the conflicts between the candidates' access rights and the …
Computer Code Vs. Legal Code: Setting The Rules In Cyberspace, Mark S. Nadel
Computer Code Vs. Legal Code: Setting The Rules In Cyberspace, Mark S. Nadel
Federal Communications Law Journal
Book Review: Code and Other Laws of Cyberspace, by Lawrence Lessig, Basic Books, 1999, 230 pages.
The Fda Knows Best . . Or Does It? First Amendment Protection Of Health Claims On Dietary Supplements: Pearson V. Shalala, Amber K. Spencer
The Fda Knows Best . . Or Does It? First Amendment Protection Of Health Claims On Dietary Supplements: Pearson V. Shalala, Amber K. Spencer
Brigham Young University Journal of Public Law
No abstract provided.
Counterspeech 2000: A New Look At The Old Remedy For "Bad" Speech, Robert D. Richards, Clay Calvert
Counterspeech 2000: A New Look At The Old Remedy For "Bad" Speech, Robert D. Richards, Clay Calvert
BYU Law Review
No abstract provided.
Bernstein V. United States Depament Of Justice: A Cryptic Interpretation Of Speech, Seth Hanson
Bernstein V. United States Depament Of Justice: A Cryptic Interpretation Of Speech, Seth Hanson
BYU Law Review
No abstract provided.