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Articles 1 - 30 of 46
Full-Text Articles in Constitutional Law
Space, The Final Frontier-Expanding Fcc Regulation Of Indecent Content Onto Direct Broadcast Satellite, John C. Quale, Malcolm J. Tuesley
Space, The Final Frontier-Expanding Fcc Regulation Of Indecent Content Onto Direct Broadcast Satellite, John C. Quale, Malcolm J. Tuesley
Federal Communications Law Journal
The vast majority of viewers today receive video programming from multichannel video programming providers-mostly cable television or direct broadcast satellite ("DBS")-rather than directly over-the-air from broadcast stations. While the FCC has not hesitated to sanction broadcasters for what it deems to be indecent content, it consistently has found that it lacks the authority to regulate indecency on subscription services like cable television. Citizens groups and some in Congress now seek to extend indecency restrictions to DBS services under existing law or through the enactment of new legislation. It is true that DBS, because of its use of radio spectrum to …
In The Dark: A Consumer Perspective On Fcc Broadcast Indecency Denials, Genelle I. Belmas, Gail D. Love, Brian C. Foy
In The Dark: A Consumer Perspective On Fcc Broadcast Indecency Denials, Genelle I. Belmas, Gail D. Love, Brian C. Foy
Federal Communications Law Journal
Indecency regulation has been a hot political and social topic since Janet Jackson revealed her breast during the 2004 Super Bowl halftime show. The number of indecency complaints the FCC receives each year continues to rise. Moreover, to further complicate matters, in 2007 the Second Circuit overturned the FCC policy that so-called "fleeting expletives" would be considered indecent. However, there has been no systematic review of the complaints from the perspective of the complainant. How has the FCC managed its increasing indecency complaint load, and what does it tell consumers who have taken the time to write formal complaints about …
Garcetti V. Ceballos: Stifling The First Amendment In The Public Workplace, Julie A. Wenell
Garcetti V. Ceballos: Stifling The First Amendment In The Public Workplace, Julie A. Wenell
William & Mary Bill of Rights Journal
No abstract provided.
Keep Out Of Myspace!: Protecting Students From Unconstitutional Suspensions And Expulsions, Christi Cassel
Keep Out Of Myspace!: Protecting Students From Unconstitutional Suspensions And Expulsions, Christi Cassel
William & Mary Law Review
No abstract provided.
Second Class Citizen Soldiers: A Proposal For Greater First Amendment Protections For America's Military Personnel, Emily Reuter
Second Class Citizen Soldiers: A Proposal For Greater First Amendment Protections For America's Military Personnel, Emily Reuter
William & Mary Bill of Rights Journal
No abstract provided.
Constitutional Law—Campaign Finance Law & The First Amendment—Can You See The Light?: Illuminating Precedent And Creating A New Tier Of Judicial Scrutiny For Campaign Finance Laws. Randall V. Sorrell, 126 S. Ct. 2479 (2006)., Christopher A. Mcnulty
University of Arkansas at Little Rock Law Review
No abstract provided.
Thoughts On Commercial Speech: A Roundtable Discussion, Ronald K.L. Collins, Steven H. Shiffrin, Erwin Chemerinsky, Kathleen M. Sullivan
Thoughts On Commercial Speech: A Roundtable Discussion, Ronald K.L. Collins, Steven H. Shiffrin, Erwin Chemerinsky, Kathleen M. Sullivan
Cornell Law Faculty Publications
Adam Liptak, the legal affairs writer for The New York Times, moderates a lively discussion about commercial speech between three esteemed constitutional scholars: Professor Erwin Chemerinsky of Duke University School of Law; Professor Kathleen Sullivan of Stanford Law School; and Professor Steve Shiffrin of Cornell Law School. These scholars debate the proper definition of defining commercial speech, how the corporate identity of a speaker and the content of the speech determines the level of First Amendment protection, whether it is possible to demarcate commercial speech from political speech, and the problems of paternalism and viewpoint discrimination in this complex and …
Religious Exemptions And The Common Good: A Reply To Professor Carmella, Laura S. Underkuffler
Religious Exemptions And The Common Good: A Reply To Professor Carmella, Laura S. Underkuffler
Cornell Law Faculty Publications
No abstract provided.
Religious Exemptions And The Common Good: A Reply To Professor Carmella, Laura S. Underkuffler
Religious Exemptions And The Common Good: A Reply To Professor Carmella, Laura S. Underkuffler
West Virginia Law Review
No abstract provided.
"Sectarianizing" Civil Religion? A Comment On Gedicks And Hendrix, Steven D. Smith
"Sectarianizing" Civil Religion? A Comment On Gedicks And Hendrix, Steven D. Smith
West Virginia Law Review
No abstract provided.
Reconciling The Irreconcilable: Military Chaplains And The First Amendment, Steven K. Green
Reconciling The Irreconcilable: Military Chaplains And The First Amendment, Steven K. Green
West Virginia Law Review
No abstract provided.
Public School Students' Religious Speech And Viewpoint Discrimination, Kristi L. Bowman
Public School Students' Religious Speech And Viewpoint Discrimination, Kristi L. Bowman
West Virginia Law Review
No abstract provided.
Uncivil Religion: Judeo-Christianity And The Ten Commandments, Frederick Mark Gedicks, Roger Hendrix
Uncivil Religion: Judeo-Christianity And The Ten Commandments, Frederick Mark Gedicks, Roger Hendrix
West Virginia Law Review
No abstract provided.
Establishment Clause Limits On Free Exercise Accommodations, Kent Greenawalt
Establishment Clause Limits On Free Exercise Accommodations, Kent Greenawalt
West Virginia Law Review
No abstract provided.
The Establishment Clause And Religious Expression In Government Settings: Four Variables In Search Of A Standard, Daniel O. Conkle
The Establishment Clause And Religious Expression In Government Settings: Four Variables In Search Of A Standard, Daniel O. Conkle
West Virginia Law Review
No abstract provided.
When Accommodations For Religion Violoate The Establishment Clause: Regularizing The Supreme Court's Analysis, Carl H. Esbeck
When Accommodations For Religion Violoate The Establishment Clause: Regularizing The Supreme Court's Analysis, Carl H. Esbeck
West Virginia Law Review
No abstract provided.
Responsible Freedom Under The Religion Clauses: Exemptions, Legal Pluralism, And The Common Good, Angela C. Carmella
Responsible Freedom Under The Religion Clauses: Exemptions, Legal Pluralism, And The Common Good, Angela C. Carmella
West Virginia Law Review
No abstract provided.
Why Student Religious Speech Is Speech, John E. Taylor
Why Student Religious Speech Is Speech, John E. Taylor
West Virginia Law Review
No abstract provided.
A Soldier's Blog: Balancing Service Members' Personal Rights Vs. National Security Interests, Tatum H. Lytle
A Soldier's Blog: Balancing Service Members' Personal Rights Vs. National Security Interests, Tatum H. Lytle
Federal Communications Law Journal
This Note examines the competing interests between ensuring military personnel's freedom of speech while protecting national security interests. The Author recognizes the necessity of protecting national security interests but emphasizes that military personnel's rights to free speech must be protected as long as such speech poses no threat to military security. In conclusion, clearer protections must be implemented to protect military personnel's right to free speech.
Free To Believe, Richard Garnett
Free To Believe, Richard Garnett
Journal Articles
Richard Garnett reviews Religious Freedom and the Constitution by Christopher L. Eisgruber & Lawrence G. Sager, Harvard University Press, 352 pages, $28.95
Public Employee Speech Rights Fall Prey To An Emerging Doctrinal Formalism, Charles W. "Rocky" Rhodes
Public Employee Speech Rights Fall Prey To An Emerging Doctrinal Formalism, Charles W. "Rocky" Rhodes
William & Mary Bill of Rights Journal
No abstract provided.
The Difficult Task Of Model Rule Of Professional Conduct 3.6: Balancing The Free Speech Rights Of Lawyers, The Sixth Amendment Rights Of Criminal Defendants, And Society's Right To The Fair Administration Of Justice, Mattei Radu
Campbell Law Review
This article will begin with a review of trial publicity rules from the earliest efforts to curb harmful statements of lawyers during trials to the promulgation of Model Rule 3.6 in 1983 by the American Bar Association. It will then examine Gentile, the main Supreme Court case in this area. The article will next consider the 1994 and 2002 amendments to Model Rule 3.6, which were inspired in part by the Court's ruling in Gentile. It will also look specifically at the trial publicity situation in North Carolina, where Durham District Attorney Michael B. Nifong has been charged with violating …
Recognizing The Grey: Toward A New View Of The Law Governing Digital Music Sampling Informed By The First Amendment, William Y. Durbin
Recognizing The Grey: Toward A New View Of The Law Governing Digital Music Sampling Informed By The First Amendment, William Y. Durbin
William & Mary Bill of Rights Journal
No abstract provided.
Stop Restricting Speech And Educate The Public: A Review Of The Aba's Proposed Campaign Activity Canon Of The Model Code Of Judicial Conduct, Tiffany L. Carwile
Stop Restricting Speech And Educate The Public: A Review Of The Aba's Proposed Campaign Activity Canon Of The Model Code Of Judicial Conduct, Tiffany L. Carwile
William & Mary Bill of Rights Journal
No abstract provided.
An Expressive Jurisprudence Of The Establishment Clause, Ivan E. Bodensteiner, Alex Geisinger
An Expressive Jurisprudence Of The Establishment Clause, Ivan E. Bodensteiner, Alex Geisinger
Law Faculty Publications
No abstract provided.
The Constitution, The Courts And The Common Law, Robert A. Sedler
The Constitution, The Courts And The Common Law, Robert A. Sedler
Law Faculty Research Publications
No abstract provided.
Government Advertising Space: Lessons For The 'Choose Life' Specialty License Plate Controversy, Dara Purvis
Government Advertising Space: Lessons For The 'Choose Life' Specialty License Plate Controversy, Dara Purvis
Journal Articles
As license plates emblazoned with the message “Choose Life” have proliferated in twenty-four states, so too have lawsuits challenging such specialty license plates. The holdings of such cases have run the gamut, resulting in a three-way circuit split among the Fourth, Fifth, and Sixth Circuits. Analysis of the controversy up to this point has not considered an illuminating analogy: advertising space owned and operated by the government. Examining the parallels between advertising space and specialty license plates informs doctrinal analysis of the dispute, demonstrating that state legislatures may not use the current practice of individually establishing specialty license plates through …
Take Your Seats: A Student's Ability To Protest Immigration Reform At Odds With State Truancy And Compulsory Education Laws, Jason Scronic
Take Your Seats: A Student's Ability To Protest Immigration Reform At Odds With State Truancy And Compulsory Education Laws, Jason Scronic
Florida A & M University Law Review
No abstract provided.
Art As Speech, Edward J. Eberle
Subsidiary And Religious Establishments In The United States Constitution, Kyle Duncan
Subsidiary And Religious Establishments In The United States Constitution, Kyle Duncan
Villanova Law Review
No abstract provided.