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Articles 1 - 21 of 21
Full-Text Articles in First Amendment
Sanitizing Cyberspace: Obscenity, Miller,And The Future Of Public Discourse On The Intemet, John Tehranian
Sanitizing Cyberspace: Obscenity, Miller,And The Future Of Public Discourse On The Intemet, John Tehranian
Journal of Intellectual Property Law
No abstract provided.
Human Rights Law And Racial Hate Speech Regulation In Australia: Reform And Replace?, Dr. Alan Berman
Human Rights Law And Racial Hate Speech Regulation In Australia: Reform And Replace?, Dr. Alan Berman
Georgia Journal of International & Comparative Law
No abstract provided.
Taking A Bite Out Of Michael Vick's Publicity Rights: An Analysis Of How Teh Right Of Publicity Should Be Treated After A Celebrity Is Convicted Of A Crime, Stephen Reginald Fowler
Taking A Bite Out Of Michael Vick's Publicity Rights: An Analysis Of How Teh Right Of Publicity Should Be Treated After A Celebrity Is Convicted Of A Crime, Stephen Reginald Fowler
Journal of Intellectual Property Law
No abstract provided.
Rights Of Publicity: A Practitioner's Enigma, Gil N. Peles Esq.
Rights Of Publicity: A Practitioner's Enigma, Gil N. Peles Esq.
Journal of Intellectual Property Law
No abstract provided.
Recent Decision: Constitutional Law - Restriction Of American Citizens’ Right Of Access To Information And Ideas In The Court Of Government Control Of Immigration Is Not Unconstitutional When Supported By A Facially Legitimate Reason, W. P. Bishop, Joseph C. Vanzant
Recent Decision: Constitutional Law - Restriction Of American Citizens’ Right Of Access To Information And Ideas In The Court Of Government Control Of Immigration Is Not Unconstitutional When Supported By A Facially Legitimate Reason, W. P. Bishop, Joseph C. Vanzant
Georgia Journal of International & Comparative Law
No abstract provided.
Etw Corp. V. Jireb Publishing, Inc.: Turning An Athlete's Publicity Over To The Public, Michael J. Breslin
Etw Corp. V. Jireb Publishing, Inc.: Turning An Athlete's Publicity Over To The Public, Michael J. Breslin
Journal of Intellectual Property Law
No abstract provided.
The Digital Millennium Copyright Act And The First Amendment: Can They Co-Exist?, Rachel Simpson Shockley
The Digital Millennium Copyright Act And The First Amendment: Can They Co-Exist?, Rachel Simpson Shockley
Journal of Intellectual Property Law
No abstract provided.
Eldred V. Reno: An Example Of The Law Of Unintended Consequences, L. Ray Patterson
Eldred V. Reno: An Example Of The Law Of Unintended Consequences, L. Ray Patterson
Journal of Intellectual Property Law
No abstract provided.
Virtual Politics And The 2000 Election: Does First Amendment Protection Extend To Political Speech On The Internet?, Amity Hough Farrar
Virtual Politics And The 2000 Election: Does First Amendment Protection Extend To Political Speech On The Internet?, Amity Hough Farrar
Journal of Intellectual Property Law
No abstract provided.
A New Test To Reconcile The Right Of Publicity With Core First Amendment Values, Mark Joseph Stern, Nat Stern
A New Test To Reconcile The Right Of Publicity With Core First Amendment Values, Mark Joseph Stern, Nat Stern
Journal of Intellectual Property Law
No abstract provided.
Java: An Innovation In Software Development And A Dilemma In Copyright Law, Michael P. Doerr
Java: An Innovation In Software Development And A Dilemma In Copyright Law, Michael P. Doerr
Journal of Intellectual Property Law
No abstract provided.
Will The Real Candidate Please Stand Up?: Political Parody On The Internet, Jon H. Oram
Will The Real Candidate Please Stand Up?: Political Parody On The Internet, Jon H. Oram
Journal of Intellectual Property Law
No abstract provided.
A Response To Mr. Y'Barbo's Reply, L. Ray Patterson
A Response To Mr. Y'Barbo's Reply, L. Ray Patterson
Journal of Intellectual Property Law
No abstract provided.
On Legal Protection For Electronic Texts: A Reply To Professor Patterson And Judge Birch, Douglas Y'Barbo
On Legal Protection For Electronic Texts: A Reply To Professor Patterson And Judge Birch, Douglas Y'Barbo
Journal of Intellectual Property Law
No abstract provided.
Burning The Village To Roast The Pig: Congressional Attempt To Regulate "Indecency" On The Internet Rejected In Aclu V. Reno, James M. Mcgee
Burning The Village To Roast The Pig: Congressional Attempt To Regulate "Indecency" On The Internet Rejected In Aclu V. Reno, James M. Mcgee
Journal of Intellectual Property Law
No abstract provided.
Copyright And The Constitution In The Age Of Intellectual Property, David Lange
Copyright And The Constitution In The Age Of Intellectual Property, David Lange
Journal of Intellectual Property Law
No abstract provided.
The Absurd Logic Behind Florida’S Docs Vs. Glocks Law, Dahlia Lithwick, Sonja R. West
The Absurd Logic Behind Florida’S Docs Vs. Glocks Law, Dahlia Lithwick, Sonja R. West
Popular Media
This article published at Slate.com on January 8, 2016, reviews the Wollschlaeger v. Governor of the State of Florida case in which the Florida legislature passed a law that bars health care workers from discussing or recording anything about their patients’ gun ownership or safety practices that could be deemed in bad faith, irrelevant, or harassing.
What Did The Supreme Court Hold In Heffernan V. City Of Paterson?, Michael Wells
What Did The Supreme Court Hold In Heffernan V. City Of Paterson?, Michael Wells
Scholarly Works
As a favor to his mother, Jeffrey Heffernan picked up a political yard sign. His supervisors demoted him, in the mistaken belief that he had engaged in protected speech. In Heffernan v. City of Patterson, 136 S.Ct. 1412 (2016), the Supreme Court held that a public employee can sue a local government under 42 U.S.C. § 1983 when a supervisor acts for constitutionally impermissible motives, even though he has not in fact exercised First Amendment rights. But the grounds for that holding are unclear. The Court may have ruled that the city, through its police chief, violated Heffernan’s First Amendment …
The Problem With Free Press Absolutism, Sonja R. West
The Problem With Free Press Absolutism, Sonja R. West
Scholarly Works
In her important new book, The First Amendment Bubble, Professor Amy Gajda exposes the many dangers of this all-encompassing attitude about constitutional rights for the press. Sure, there may have been a time when the news media could demand- and the courts and public would grant near immunity for their work, making free press absolutism relatively costless. Yet Gajda provides example after example demonstrating that the courts no longer give the media a free pass. And as the public and the courts' opinions about the press change, Gajda warns, the news media's thinking about their legal protections must change as …
The 'Press,' Then & Now, Sonja R. West
The 'Press,' Then & Now, Sonja R. West
Scholarly Works
Does the First Amendment’s protection of freedom of “the press” simply mean that we all have the right to use mass communication technology to disseminate our speech? Or does it provide constitutional safeguards for a particular group of speakers who function as government watchdogs and citizen surrogates? This question defines the current debate over the Press Clause. The Supreme Court’s Citizens United decision, along with recent work by Michael McConnell and Eugene Volokh, suggests the answer is the former. This article pushes back on that view.
It starts by expanding the scope of the relevant historical evidence. Discussions about the …
The Media Exemption Puzzle Of Campaign Finance Laws, Sonja R. West
The Media Exemption Puzzle Of Campaign Finance Laws, Sonja R. West
Scholarly Works
In the 2010 case of Citizens United v. Federal Election Commission, the United States Supreme Court solidified the media exemption dilemma in campaign finance law. When attempting to address concerns about corporate campaign expenditures (i.e., corporate political speech), legislatures are now stuck between a rock and a hard place. Regulate media corporations, and they violate press freedoms. Exempt media corporations from the regulations, however, and they are accused of speaker discrimination.
Thus the question of how to treat the press in campaign finance law can no longer be ignored. Can legislatures, without running afoul of the First Amendment, ever regulate …