Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Seattle University School of Law (81)
- Maurer School of Law: Indiana University (40)
- DePaul University (21)
- Pepperdine University (10)
- University of Michigan Law School (9)
-
- The Catholic University of America, Columbus School of Law (5)
- Notre Dame Law School (3)
- Villanova University Charles Widger School of Law (3)
- Fordham Law School (2)
- Penn State Dickinson Law (2)
- The University of Akron (2)
- Touro University Jacob D. Fuchsberg Law Center (2)
- University of Maryland Francis King Carey School of Law (2)
- West Virginia University (2)
- Brooklyn Law School (1)
- Cleveland State University (1)
- Florida International University College of Law (1)
- Northwestern Pritzker School of Law (1)
- Roger Williams University (1)
- SJ Quinney College of Law, University of Utah (1)
- St. Mary's University (1)
- UIC School of Law (1)
- University of Arkansas, Fayetteville (1)
- University of Cincinnati College of Law (1)
- University of Florida Levin College of Law (1)
- University of Georgia School of Law (1)
- University of Maine School of Law (1)
- University of Minnesota Law School (1)
- University of Richmond (1)
- Vanderbilt University Law School (1)
- Keyword
-
- First Amendment (32)
- Federal Communications Commission (19)
- FCC (14)
- Freedom of speech (12)
- Law (12)
-
- First amendment (11)
- Regulation (11)
- Administrative law (9)
- Affirmative Action (6)
- Diversity (6)
- Indecency (6)
- SFFA (6)
- Supreme Court (6)
- Broadcasting (5)
- Free speech (4)
- Freedom of Speech (4)
- Obscenity (4)
- Privacy (4)
- Administrative Law (3)
- Advertising (3)
- Censorship (3)
- Commercial speech (3)
- Constitutional law (3)
- Constitutionality (3)
- ESG (3)
- Free Speech (3)
- Legislation (3)
- Speech (3)
- Television (3)
- United States (3)
- Publication Year
- Publication
-
- Seattle University Law Review (80)
- Federal Communications Law Journal (37)
- DePaul Business & Commercial Law Journal (21)
- Journal of the National Association of Administrative Law Judiciary (9)
- Catholic University Journal of Law and Technology (5)
-
- Michigan Law Review (5)
- Notre Dame Law Review (3)
- Akron Law Review (2)
- Dickinson Law Review (2017-Present) (2)
- Fordham Law Review (2)
- Journal of Business & Technology Law (2)
- Michigan Telecommunications & Technology Law Review (2)
- Touro Law Review (2)
- University of Michigan Journal of Law Reform (2)
- Villanova Law Review (2)
- West Virginia Law Review (2)
- Brooklyn Law Review (1)
- Cleveland State Law Review (1)
- FIU Law Review (1)
- Florida Law Review (1)
- Georgia Journal of International & Comparative Law (1)
- Indiana Journal of Global Legal Studies (1)
- Indiana Journal of Law and Social Equality (1)
- Indiana Law Journal (1)
- Journal of Food Law & Policy (1)
- Maine Law Review (1)
- Minnesota Journal of Law, Science & Technology (1)
- Northwestern University Law Review (1)
- Pepperdine Law Review (1)
- Roger Williams University Law Review (1)
Articles 181 - 202 of 202
Full-Text Articles in First Amendment
Out Of Thin Air: Using First Amendment Public Forum Analysis To Redeem American Broadcasting Regulation, Anthony E. Varona
Out Of Thin Air: Using First Amendment Public Forum Analysis To Redeem American Broadcasting Regulation, Anthony E. Varona
University of Michigan Journal of Law Reform
American television and radio broadcasters are uniquely privileged among Federal Communications Commission (FCC) licensees. Exalted as public trustees by the 1934 Communications Act, broadcasters pay virtually nothing for the use of their channels of public radiofrequency spectrum, unlike many other FCC licensees who have paid billions of dollars for similar digital spectrum. Congress envisioned a social contract of sorts between broadcast licensees and the communities they served. In exchange for their free licenses, broadcast stations were charged with providing a platform for a "free marketplace of ideas" that would cultivate a democratically engaged and enlightened citizenry through the broadcasting of …
Discriminatory Filtering: Cipa's Effect On Our Nation's Youth And Why The Supreme Court Erred In Upholding The Constitutionality Of The Children's Internet Protection Act, Katherine A. Miltner
Discriminatory Filtering: Cipa's Effect On Our Nation's Youth And Why The Supreme Court Erred In Upholding The Constitutionality Of The Children's Internet Protection Act, Katherine A. Miltner
Federal Communications Law Journal
Congress introduced the Children's Internet Protection Act ("CIPA") in order to filter obscene and indecent material in response to a perceived threat to members of the public, specifically minors, who are exposed to pornographic material on the Internet. The provisions of CIPA have provoked tension between two competing interests: protecting minors from cyberpornography, and safeguarding First Amendment rights. This Note argues that the Supreme Court erred by upholding the constitutionality of CIPA. As a result of the Supreme Court's decision, the nation's youth will have restricted access to constitutionally protected information. The Court improperly relied on a provision of the …
An Architecture For Spam Regulation, David Dickinson
An Architecture For Spam Regulation, David Dickinson
Federal Communications Law Journal
Junk email, commonly referred to as "spam," is the current scourge of the Internet. In late 2004, unwanted email messages were being delivered at a rate of 12.4 billion per day. The variety of tools used to combat spam have failed to make a significant impact. Legislative efforts, such as the CAN-SPAM Act of 2003, met with substantial enforcement complications. The communications industry responded with a variety of technical advances, such as filters and blacklists, but those innovations are still unable to reliably distinguish between wanted and unwanted messages. Real coordination between legislative and technical spam control tactics has yet …
Rehearsal For Media Regulation: Congress Versus The Telegraph-News Monopoly, 1866-1900, Menahem Blondheim
Rehearsal For Media Regulation: Congress Versus The Telegraph-News Monopoly, 1866-1900, Menahem Blondheim
Federal Communications Law Journal
In this Article, Menahem Blondheim presents a critical historical analysis of the dawn of communications regulation as it began with the evolution of domestic telegraphy and developed into a coherent link between 19th century technological, business, and social developments and twentieth century First Amendment thought. First, the Article examines the political and economic environment which led to the development of national telegraph and news networks, like Western Union and the Associated Press. The Author then proceeds to assess the role of the mid-to-late nineteenth century American legislature, and how the debate over telegraph and wire service regulation realigned the powers …
Legislating The Tower Of Babel: International Restrictions On Internet Content And The Marketplace Of Ideas, Michael F. Sutton
Legislating The Tower Of Babel: International Restrictions On Internet Content And The Marketplace Of Ideas, Michael F. Sutton
Federal Communications Law Journal
The First Amendment to the U.S. Constitution protects the expression of diverse viewpoints in virtually any medium. Nevertheless, the modern novelty of "borderless" communication via the Internet strains our ideal of keeping government out of the business of regulating speech. This Note reveals the conflict between the First Amendment's national protections and the Internet's lack of national boundaries, while also arguing for international intervention for the protection of free speech. This Author articulates the real danger of "watered-down speech" unless both the FCC and the international community provide regulations and harmonized international standards for online content that reflect First Amendment …
Say Cheese: The Constitutionality Of State-Mandated Airtime On Public Broadcasting Stations In Wisconsin, Andrew D. Cotlar
Say Cheese: The Constitutionality Of State-Mandated Airtime On Public Broadcasting Stations In Wisconsin, Andrew D. Cotlar
Federal Communications Law Journal
Last year, the State of Wisconsin passed legislation which would require statechartered public broadcasting television networks to carry political advertising for candidates free of charge. In this article, Andrew Cotlar raises many concerns about the wisdom of such legislation and the impact this trend may have on public broadcasters throughout the nation. The author begins by analyzing the current position of the law on political access requirements, at both federal and state levels, and then argues that the public television stations should continue to be free to exercise substantial editorial discretion. The Article proceeds to critique the Wisconsin statute as …
The Role Of The Federal Communications Commission On The Path From The Vast Wasteland To The Fertile Plain, Kathleen Q. Abernathy
The Role Of The Federal Communications Commission On The Path From The Vast Wasteland To The Fertile Plain, Kathleen Q. Abernathy
Federal Communications Law Journal
No abstract provided.
Revisiting The Vast Wasteland, Newton N. Minow, Fred H. Cate
Revisiting The Vast Wasteland, Newton N. Minow, Fred H. Cate
Federal Communications Law Journal
No abstract provided.
Avoiding Slim Reasoning And Shady Results: A Proposal For Indecency And Obscenity Regulation In Radio And Broadcast Television, Jacob T. Rigney
Avoiding Slim Reasoning And Shady Results: A Proposal For Indecency And Obscenity Regulation In Radio And Broadcast Television, Jacob T. Rigney
Federal Communications Law Journal
This Note explores the relevant law regarding the issue of indecency and obscenity in broadcast, with particular focus on a 2001 Policy Statement released by the FCC. The Author examines the major problems with the regulatory scheme as it now exists, and offers an alternative. The Author concludes by arguing that leaving the subjective decisions regarding indecency to market forces, leaving parents to determine what should or should not be indecent, and leaving the FCC free to pursue obscenity with greater zeal is the most appropriate course of action for the future.
The First Amendment Case Against Fcc Ip Telephony Regulation, Tuan N. Samahon
The First Amendment Case Against Fcc Ip Telephony Regulation, Tuan N. Samahon
Federal Communications Law Journal
This Comment argues that IP telephony, like handbills and traditional print media, deserves First Amendment protection against FCC regulatory authority. After briefly reviewing the IP telephony phenomenon within the larger context of "digital convergence," the Comment examines the FCC and Supreme Court’s technologically driven First Amendment jurisprudence—particularly, the First Amendment’s conspicuous absence from the IP telephony dialogue, and, correspondingly, the prominence of assurances of regulatory forbearance in Congress, the courts, and the FCC. In response, the Author offers First Amendment content-based and content-neutral arguments against the proposed telephony regulations. At the very least, the affordability and innovation IP telephony offers …
The First Amendment In The Supreme Court: The Future Lies Ahead, Dean Joel M. Gora
The First Amendment In The Supreme Court: The Future Lies Ahead, Dean Joel M. Gora
Touro Law Review
No abstract provided.
American Broadcasting And The First Amendment, René L. Todd
American Broadcasting And The First Amendment, René L. Todd
Michigan Law Review
A Review of American Broadcasting and the First Amendment by Lucas A. Powe, Jr.
The Fairness Doctrine: Fair To Whom, Loretta T. Menkes
The Fairness Doctrine: Fair To Whom, Loretta T. Menkes
Cleveland State Law Review
This Note contends that the fairness doctrine, as presently applied, fails to meet its legislative purpose and violates constitutionally protected rights. This Note will examine the standards and policies established by the FCC as judicially approved in Red Lion Broadcasting, Inc. v. FCC and American Sec. Council Educ. Foundation v. FCC. Practical application of these standards and policies will be explored in three categories: 1) controversial issue programming; 2) commercial advertisements; and 3) political messages. Finally, a solution to the arbitrary and discriminatory application of this amorphous doctrine will be suggested.
Regulation Of Indecency In Political Broadcasting, Jonathan Golomb
Regulation Of Indecency In Political Broadcasting, Jonathan Golomb
University of Michigan Journal of Law Reform
The article considers both the constitutional and statutory aspects of the regulation of indecency in political broadcasting. The discussion is limited to considering "indecency," a term excluding obscenity or incitement to violence, because the government's power to regulate these types of speech is well established. Indecent speech would be protected if used in the print media, since it does not fall within the established First Amendment exceptions. The basic constitutional question, therefore, is whether the broadcast media are inherently different from the print media, so as to justify different treatment of indecent political speech. This article will contend that they …
Counter-Advertising In The Broadcast Media: Brining The Administrative Process To Bear Upon A Theoretical Imperative, Tom A. Collins
Counter-Advertising In The Broadcast Media: Brining The Administrative Process To Bear Upon A Theoretical Imperative, Tom A. Collins
William & Mary Law Review
No abstract provided.
Constitutional Law, Various Editors
The Suppression Of Employer Free Speech - A New Ban On Conscious Overstatements And A Caveat Against Brinkmanship, Harry L. Browne, Howard F. Sachs
The Suppression Of Employer Free Speech - A New Ban On Conscious Overstatements And A Caveat Against Brinkmanship, Harry L. Browne, Howard F. Sachs
Villanova Law Review
No abstract provided.
The Elementary And Secondary Education Act The Implications Of The Trust-Fund Theory For The Church-State Questions Raised By Title I, Jon Feikens
Michigan Law Review
The issues raised by the granting of federal aid both to education in general and to non-public education in particular have caused considerable controversy in recent years. Although several federal statutes dealing with various aspects of both types of aid had been enacted previously, the early 1960's saw an increased desire on the part of Congress to enter this area with a comprehensive plan. Finally, in 1965, the question of aid to education in general was resolved in favor of carrying the war on poverty to the elementary and secondary schools. Simultaneously, a so-called "church-state settlement" was reached whereby it …
The Worker And Three Phases Of Unionism: Administrative And Judicial Control Of The Worker-Union Relationship, Alfred W. Blumrosen
The Worker And Three Phases Of Unionism: Administrative And Judicial Control Of The Worker-Union Relationship, Alfred W. Blumrosen
Michigan Law Review
This article will examine the extent to which, and the methods by which, individual rights are protected in each of these three phases of union activity. We will see that the employee is well protected in his right to oppose political action of the union and has considerable legal protection for his rights to engage in internal union political struggles, but the employee has received little protection for his economic interests in collective bargaining between unions and employers. A recent decision by the NLRB, which will be examined in some detail, suggests that additional protection for individual economic rights in …
Constitutional Law - Judicial Determination Of Constitutional Questions - The Necessity Of Explicit Authorization Of Administrative Officers To Take Actions Which Limit First Amendment Freedoms, Walter R. Allan
Michigan Law Review
Appellant applied for renewal of his radio operator's license but refused to complete an FCC form relating to past and present affiliations with the Communist Party and other organizations which advocate the violent overthrow of the United States Government. At that time, and later in a hearing granted by the FCC, appellant relied upon the first amendment to justify his refusal. Subsequently the FCC denied his application. On appeal to the Court of Appeals for the District of Columbia, held, affirmed, one judge dissenting. Pursuant to its power to grant licenses in the public interest,1 the FCC may impose …
Book Reviews, Edmund M. Morgan (Reviewer), Albert Williams (Reviewer), J. Warren Madden (Reviewer), Melvin M. Belli (Reviewer), George H. Tyne (Reviewer), William J. Bowe (Reviewer)
Book Reviews, Edmund M. Morgan (Reviewer), Albert Williams (Reviewer), J. Warren Madden (Reviewer), Melvin M. Belli (Reviewer), George H. Tyne (Reviewer), William J. Bowe (Reviewer)
Vanderbilt Law Review
Book Reviews
The Hearsay Rule
By R. W. Baker
London: Sir Isaac Pitman & Sons,Ltd., 1950. Pp. xxi, 180
reviewer: Edmund M. Morgan
===================================
Self-Incrimination: What Can an Accused Person be Compelled to Do?
By Fred E. Inbau
Springfield, Illinois: Charles C. Thomas, 1950.Pp. x, 91. $2.50
reviewer: Albert Williams
===============================
Administrative Law
By Kenneth C. Davis
St. Paul: West Pub. Co.,1951. Pp. xvi, 1024. $8.00
Administrative Law: A Test
By Reginald Parker
Indianapolis: The Bobbs-Merrill Co., 1952. Pp. x, 344. $5.50
Administrative Agencies and the Courts
By Frank E. Cooper
Ann Arbor; University of Michigan Law School, 1951. Pp. …
Freedom Of The Press-Administrative Censorship-The "Esquire" Decision, John B. Waite
Freedom Of The Press-Administrative Censorship-The "Esquire" Decision, John B. Waite
Michigan Law Review
One of the most important cases before the courts was decided by the Circuit Court of Appeals of the District of Columbia on June 4--a case involving asserted absolute discretion in a government official to determine the right to second-class mail privileges, and thereby, indirectly, to censor the press. The background facts of the case are essential to appreciation of its importance.