Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Censorship (9)
- Child welfare (8)
- Parental rights (6)
- Obscenity (4)
- Freedom of speech (3)
-
- Internet filters (3)
- Children's Internet Protection Act (2)
- Children's Internet Protection Act of 1996 (2)
- Internet speech (2)
- Libraries (2)
- Social value (2)
- Tobacco advertising (2)
- V-chip (2)
- Age-appropriate (1)
- Amitai Etzioni (1)
- As-applied challenge (1)
- CIPA (1)
- Child Online Protection Act (1)
- Communications Decency Act (1)
- Communitarian analysis (1)
- Due process (1)
- Freedom of expression (1)
- Freedom of exression (1)
- Individual liberty (1)
- Keyword search (1)
- Liberty (1)
- Media effects (1)
- Private ordering (1)
- Public ordering (1)
Articles 1 - 10 of 10
Full-Text Articles in First Amendment
The Speech-Enhancing Effect Of Internet Regulation, Emily Buss
The Speech-Enhancing Effect Of Internet Regulation, Emily Buss
Chicago-Kent Law Review
In this Article, the author suggests that certain speech-reducing regulations will, in fact, be speech-enhancing for children. This is because children are vulnerable to far greater censorship at the hands of their parents than at the hands of Internet regulators. Regulations that inspire parents to relax their grip on their children's access to information are likely to produce significant net speech gains for children. Viewed this way, regulations designed to protect children can be conceived as pitting the speech interests of adults against the speech interests of children. The Article suggests a number of reasons we might value the children's …
When Well-Being Trumps Liberty: Political Theory, Jurisprudence, And Children's Rights, William Galston
When Well-Being Trumps Liberty: Political Theory, Jurisprudence, And Children's Rights, William Galston
Chicago-Kent Law Review
Compared to most adults, children are dependent and vulnerable and therefore require special protection. Efforts to safeguard their well-being often collide with one or more of the liberty guarantees of the First Amendment. Professor Etzioni fears that current jurisprudence has tipped the balance too far towards individual liberty, making it difficult to extend children the legal protection they need. Drawing on a theoretical account of constitutionalism as well as existing case law, the author argues that mainstream jurisprudence is up to the task of balancing the well-being of children against the liberty of adults. The Supreme Court's recent decision in …
On Protecting Children From Speech, Amitai Etzioni
On Protecting Children From Speech, Amitai Etzioni
Chicago-Kent Law Review
Are children entitled to the same First Amendment rights as adults? This Article explores the constitutionality of limiting children's access to objectionable materials assuming that both free speech rights and the protection of children are two core values that, like all other social values, must be balanced. When used to assess specific court cases and public policies, the balancing principle is a helpful guide in determining whether voluntary or incentives-based programs are sufficient to remedy the problems at hand or whether government regulation of free speech is necessary. The Article analyzes five court cases involving Internet filters in libraries, the …
Shielding Children: The European Way, Michael D. Birnhack, Jacob H. Rowbottom
Shielding Children: The European Way, Michael D. Birnhack, Jacob H. Rowbottom
Chicago-Kent Law Review
The Internet crosses physical borders, and carries with it both its promises and its harms to many different countries and societies. These countries thus share the same technology, but they do not necessarily share the same set of values or legal system. This Article compares the legal response in the United States and in Europe to one important issue: the exposure of children to certain materials, which are deemed harmful to them but not harmful to adults.
This US-European comparison, in which the experience in the United Kingdom serves as a leading example, illustrates the traits of various kinds of …
The Need For A Two (Or More) Tiered First Amendment To Provide For The Protection Of Children, Kevin W. Saunders
The Need For A Two (Or More) Tiered First Amendment To Provide For The Protection Of Children, Kevin W. Saunders
Chicago-Kent Law Review
This Article addresses the two sorts of problems raised by Professor Etzioni, while also responding to the earlier articles in this Symposium. With regard to the spillover effect, the author argues that there are ways to limit the effect on adults of restrictions designed to protect children, even on the Internet. Furthermore, some spillover effect is allowed and may leave open the possibility of protecting children from tobacco or alcohol advertisements. The Article also addresses areas in which material has been seen as protected even for children. While agreeing that depictions of violence pose an important problem, the Article also …
Response, Amitai Etzioni
Toward A Constitutional Regulation Of Minors' Access To Harmful Internet Speech, Dawn C. Nunziato
Toward A Constitutional Regulation Of Minors' Access To Harmful Internet Speech, Dawn C. Nunziato
Chicago-Kent Law Review
In this Article, Prof. Nunziato scrutinizes Congress's recent efforts to regulate access to sexually-themed Internet speech. The first such effort, embodied in the Communications Decency Act, failed to take into account the Supreme Court's carefully-honed obscenity and obscenity-for-minors jurisprudence. The second, embodied in the Child Online Protection Act, attended carefully to Supreme Court precedent, but failed to account for the geographic variability in definitions of obscene speech. Finally, the recently-enacted Children's Internet Protection Act apparently remedies the constitutional deficiencies identified in these two prior legislative efforts, but runs the risk of being implemented in a manner that fails to protect …
The Liberal Theory Of Freedom Of Expression For Children, Colin M. Macleod
The Liberal Theory Of Freedom Of Expression For Children, Colin M. Macleod
Chicago-Kent Law Review
This Article develops a liberal theory of freedom of expression which is sensitive to the interests of children as distinct, vulnerable but developing members of society. I argue that children have, in addition to welfare interests, interests in the development and exercise of basic moral powers. In virtue of such interests, children acquire, well before they become adults, nontrivial rights of free expression. Respecting children's rights to free expression entails limits on the prerogatives of parents and others to determine the sorts of cultural materials children should be permitted access. Nonetheless children's rights are importantly different from those of adults. …
Free Speech And Children's Interests, David Archard
Free Speech And Children's Interests, David Archard
Chicago-Kent Law Review
This Article endorses the conclusion of Etzioni's article that the First Amendment right of free speech should not trump the interests of children. However the picture is more complicated once we recognize that parents have a "basic" right to bring up their children as they see fit that may conflict with the state's duty to protect children in its jurisdiction.
Moreover there is an important difference between protecting children now from harms and safeguarding the interests of the adults they will grow into. Society has an interest in protecting children based upon its fundamental interest in ensuring the conditions of …
On Protecting Children—From Censorship: A Reply To Amitai Etzioni, Marjorie Heins
On Protecting Children—From Censorship: A Reply To Amitai Etzioni, Marjorie Heins
Chicago-Kent Law Review
Etzioni's argument for censorship of minors ignores the fundamental problem with Internet filters, misstates the results of media-effects research, and uses emotional terms like "protection" and "harm" to mask moral judgments about what is appropriate for youth.
Given the size and constantly changing character of the Internet, filters necessarily rely on key words and phrases. As a result, thousands of valuable Web pages are mistakenly blocked by filters, even at their narrowest settings. The problem is inherent in the system.
Most media-effects studies do not show a causal link between violent content and violent (or "aggressive") behavior. The studies that …