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Articles 1 - 6 of 6
Full-Text Articles in First Amendment
Taming The "Feral Beast": Cautionary Lessons From British Press Reform, Lili Levi
Taming The "Feral Beast": Cautionary Lessons From British Press Reform, Lili Levi
Lili Levi
Abstract: As technology undermines the economic model supporting traditional newspapers, power shifts from the watchdog press to those it watches. Worldwide calls for increased press “responsibility” are one result. Pending British press reform provides a troubling example with far-ranging implications for freedom of the press. Under the guise of modest press self-regulation, the U.K. is currently poised to upend 300 years of press freedom via the recently-approved Royal Charter for Self-Regulation of the Press. The Royal Charter was adopted in response to the moral panic engendered by Britain’s tabloid phone-hacking scandal. An example of 20th Century regulation poorly fitted …
A New First Amendment Goal Line Defense – Stopping The Right Of Publicity Offense, Mark Conrad
A New First Amendment Goal Line Defense – Stopping The Right Of Publicity Offense, Mark Conrad
Mark A. Conrad
The use of images with the recognizable features of former NCAA student-athletes by a digital video firm has resulted in two highly publicized lawsuits by former college players claiming violations of their right of publicity. Thus far, two federal appeals courts – the Third Circuit in Hart v. Electronic Arts and the Ninth Circuit in Keller v. Electronic Arts -- have refused to dismiss their claims, concluding that the use of the player images constitute a valid cause of action. While their actions have garnered sympathy among the public and many scholars, it is the author’s contention that both lawsuits …
The Evolution Of The Digital Millennium Copyright Act; Changing Interpretations Of The Dmca And Future Implications For Copyright Holders, Hillary A. Henderson
The Evolution Of The Digital Millennium Copyright Act; Changing Interpretations Of The Dmca And Future Implications For Copyright Holders, Hillary A. Henderson
Hillary A Henderson
Copyright law rewards an artificial monopoly to individual authors for their creations. This reward is based on the belief that, by granting authors the exclusive right to reproduce their works, they receive an incentive and means to create, which in turn advances the welfare of the general public by “promoting the progress of science and useful arts.” Copyright protection subsists . . . in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or …
Institutionalized Word Taboo: The Continuing Saga Of Fcc Indecency Regulation, Christopher M. Fairman
Institutionalized Word Taboo: The Continuing Saga Of Fcc Indecency Regulation, Christopher M. Fairman
Christopher M Fairman
Indecency regulation by the Federal Communication Commission and Supreme Court is the product of word taboo—the subconscious, emotional, involuntary avoidance of certain words out of fear that some harm will occur if they are spoken. Acting in tandem, the Court and the Commissioners create institutionalized word taboo based upon the assumption that broadcast media’s pervasive and intrusive presence into the home endangers unsupervised children. Technological innovation renders this premise invalid today, but institutionalized word taboo remains. This article (1) traces the rise of indecency regulation, (2) explains the invalidity of the assumptions used to justify it, (3) introduces word taboo …
Emerging Technologies And Dwindling Speech, Jorge R. Roig
Emerging Technologies And Dwindling Speech, Jorge R. Roig
Jorge R Roig
Decoding First Amendment Coverage Of Computer Source Code In The Age Of Youtube, Facebook And The Arab Spring, Jorge R. Roig
Decoding First Amendment Coverage Of Computer Source Code In The Age Of Youtube, Facebook And The Arab Spring, Jorge R. Roig
Jorge R Roig