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Articles 1 - 13 of 13

Full-Text Articles in First Amendment

"Gouging The Government": Why A Federal Contingency Fee Lobbying Prohibition Is Consistent With First Amendment Freedoms, Meredith A. Capps Nov 2005

"Gouging The Government": Why A Federal Contingency Fee Lobbying Prohibition Is Consistent With First Amendment Freedoms, Meredith A. Capps

Vanderbilt Law Review

Washington Post writer David Segal once observed, "[f]or most Americans the words 'Washington lobbyist' have roughly the same cachet as, say, 'deadbeat dad."" Both lawmakers and the public regard lobbying as an unsavory part of the political process. Much of this perception stems from the vast sums of money spent each year on lobbying activity. For example, in the first half of 2004 alone, mortgage funding companies Fannie Mae and Freddie Mac reported spending over $11 million on lobbying activities, General Electric spent $8.5 million, and the U.S. Chamber of Commerce spent $20.1 million-and these were only three of the …


To Surf And Protect: The Children's Internet Protection Act Policies Material Harmful To Minors And A Whole Lot More, Michael B. Cassidy Apr 2005

To Surf And Protect: The Children's Internet Protection Act Policies Material Harmful To Minors And A Whole Lot More, Michael B. Cassidy

Michigan Telecommunications & Technology Law Review

This Note will examine the constitutional issues raised by installing Internet filtering software in public libraries. Part I explores the First Amendment, the standard of review for restricting Internet material, and the government's role in protecting minors and regulating speech. Part II discusses library patrons' First Amendment rights in public libraries. Part III provides the statutory framework of the E-rate and LSTA programs, as well as the Children's Internet Protection Act (CIPA). Part IV examines the effectiveness of current Internet filtering technology and provides the American Library Association's policies on Internet filtering in public libraries. Part V discusses the district …


Petition For Writ Of Certiorari, Bellecourt, Et Al., V. City Of Cleveland, 544 U.S. 1033, 125 S. Ct. 2271 (2005), Kevin Francis O'Neill, Terry H. Gilbert Mar 2005

Petition For Writ Of Certiorari, Bellecourt, Et Al., V. City Of Cleveland, 544 U.S. 1033, 125 S. Ct. 2271 (2005), Kevin Francis O'Neill, Terry H. Gilbert

Law Faculty Briefs and Court Documents

Deciding an important question of Federal Free Speech law, the Ohio Supreme Court has recognized a fire safety justification so easy to invoke that it may be used to punish virtually every instance of flag burning and effigy burning - thereby undercutting this Court's decision in Texas v. Johnson, and creating a question of first impression that requires this Court's review and correction.


Private Attorneys General And The First Amendment, Trevor W. Morrison Feb 2005

Private Attorneys General And The First Amendment, Trevor W. Morrison

Michigan Law Review

The "private attorney general" is under fire again. It has been in and out of favor in the six decades since it was named, in part because it has come to signify so many different things. At its core, however, the term denotes a plaintiff who sues to vindicate public interests not directly connected to any special stake of her own. The remedies sought in such actions tend to be correspondingly broad: rather than seeking redress for discrete injuries, private attorneys general typically request injunctive or other equitable relief aimed at altering the practices of large institutions. From school desegregation …


Dealing With Hate In The Feminist Classroom: Re-Thinking The Balance, Kathryn M. Stanchi Jan 2005

Dealing With Hate In The Feminist Classroom: Re-Thinking The Balance, Kathryn M. Stanchi

Michigan Journal of Gender & Law

The goals of this essay are two-fold. First, by describing the experience the author had in Law and Feminism, the essay will show how hateful and harassing speech in a seminar devoted to issues of gender, race and sexuality can rob students of important educational experiences. The story of the author’s class is meant to remind legal educators and administrators of the concrete harm, both personal and educational, of hate speech. Too often the hate speech debate focuses on the theoretical and the abstract; participants forget that the principles at stake have demonstrable consequences for real people. Second, while this …


Content And Context: The Contributions Of William Van Alstyne To First Amendment Interpretation, Rodney A. Smolla Jan 2005

Content And Context: The Contributions Of William Van Alstyne To First Amendment Interpretation, Rodney A. Smolla

Scholarly Articles

Not available.


The New Censorship: Institutional Review Boards, Philip A. Hamburger Jan 2005

The New Censorship: Institutional Review Boards, Philip A. Hamburger

Faculty Scholarship

Do federal regulations on Institutional Review Boards violate the First Amendment? Do these regulations establish a new sort of censorship? And what does this reveal about the role of the Supreme Court?


Ending Pay-To-Play In The Municipal Securities Business: Msrb Rule G-3 7 Ten Years Later, Kevin Opp Jan 2005

Ending Pay-To-Play In The Municipal Securities Business: Msrb Rule G-3 7 Ten Years Later, Kevin Opp

University of Colorado Law Review

No abstract provided.


The Band From Hell: An Examinatioin Of Suicide On Stage As Expressive Conduct Under The First Amendment, Elizabeth Cameron Jan 2005

The Band From Hell: An Examinatioin Of Suicide On Stage As Expressive Conduct Under The First Amendment, Elizabeth Cameron

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Buttletproof Speech: Are Political Books Beyond Litigation's Reach, Emily Kirstine Wacker Jan 2005

Buttletproof Speech: Are Political Books Beyond Litigation's Reach, Emily Kirstine Wacker

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


City Of Littleton V. Z.J. Gifts D-4, L.L.C.: Are We Losing The First Amendment, Or Just Adult Businesses, Karen Cynn Jan 2005

City Of Littleton V. Z.J. Gifts D-4, L.L.C.: Are We Losing The First Amendment, Or Just Adult Businesses, Karen Cynn

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Got Milk... Not Today: The Third Circuit Defends First Amendment Rights For Small Dairy Farmers, Jaret N. Gronczewski Jan 2005

Got Milk... Not Today: The Third Circuit Defends First Amendment Rights For Small Dairy Farmers, Jaret N. Gronczewski

Villanova Law Review

No abstract provided.


The First Amendment's Original Sin, Lee C. Bollinger Jan 2005

The First Amendment's Original Sin, Lee C. Bollinger

Faculty Scholarship

Times of war place considerable stress on civil liberties, especially ones protected by the First Amendment. When the nation must gather itself to fight an enemy who is intent on killing us, it is perhaps only natural that our tolerance for the usual disorder of dissent will decline. When everyone has to sacrifice for the common good, when fellow citizens are dying in that cause, the costs of speech are visible and serious. Dissent may dissuade or discourage soldiers from fighting; sowing doubt may weaken resolve just when it's needed most; falsehoods and misinformation may lead to catastrophic shifts of …