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Articles 1 - 13 of 13
Full-Text Articles in Internet Law
The Local Community Standard: Modernizing The Supreme Court's Obscenity Jurisprudence, Jacob S. Gordon
The Local Community Standard: Modernizing The Supreme Court's Obscenity Jurisprudence, Jacob S. Gordon
Helm's School of Government Conference - American Revival: Citizenship & Virtue
Paper presentation on the Supreme Court's outdated case law on obscenity and how it needs to be modernized to in order to combat the dissemination of inappropriate materials in the age of decentralized digital media.
The Bumble Bill: A Critical Analysis On Texas’S New Law Taking Indecent Exposure Regulations Online, Ashley B. Huron
The Bumble Bill: A Critical Analysis On Texas’S New Law Taking Indecent Exposure Regulations Online, Ashley B. Huron
St. Mary's Law Journal
Abstract forthcoming.
From Innovation To Abuse: Does The Internet Still Need Section 230 Immunity?, Benjamin Volpe
From Innovation To Abuse: Does The Internet Still Need Section 230 Immunity?, Benjamin Volpe
Catholic University Law Review
In 1996, Congress passed the Communications Decency Act to allow the screening of offensive material from the internet, while preserving the continued development of the internet economy without burdensome regulation. However, for years, online intermediaries have successfully used the Act as a shield from liability when third parties use their online services to commit tortious or criminal acts. This Comment argues that a wholly-unregulated internet is no longer necessary to preserve the once-fledgling internet economy. After evaluating various approaches to intermediary liability, this Comment also argues that Congress should take a more comprehensive look at consumer protection online and establish …
The Freedom From Sexploitation Agenda: Policy And Legislative Recommendations To Curb Sexual Exploitation, Dawn Hawkins
The Freedom From Sexploitation Agenda: Policy And Legislative Recommendations To Curb Sexual Exploitation, Dawn Hawkins
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
Pornography As Pollution, John C. Nagle
Pornography As Pollution, John C. Nagle
John Copeland Nagle
Pornography is often compared to pollution. But little effort has been made to consider what it means to describe pornography as a pollution problem, even as many legal scholars have concluded that the law has failed to control internet pornography. Opponents of pornography maintain passionate convictions about how sexually-explicit materials harm both those who are exposed to them and the broader cultural environment. Viewers of pornography may generally hold less fervent beliefs, but champions of free speech and of a free internet object to anti-pornography regulations with strong convictions of their own. The challenge is how to address the widespread …
Pornography As Pollution, John C. Nagle
Pornography As Pollution, John C. Nagle
Journal Articles
Pornography is often compared to pollution. But little effort has been made to consider what it means to describe pornography as a pollution problem, even as many legal scholars have concluded that the law has failed to control internet pornography. Opponents of pornography maintain passionate convictions about how sexually-explicit materials harm both those who are exposed to them and the broader cultural environment. Viewers of pornography may generally hold less fervent beliefs, but champions of free speech and of a free internet object to anti-pornography regulations with strong convictions of their own. The challenge is how to address the widespread …
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 …
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 …
Issues In Internet Pornography, Paul J. Mcgeady, Michael Godwin
Issues In Internet Pornography, Paul J. Mcgeady, Michael Godwin
Touro Law Review
No abstract provided.
Information Superhighway Or Technological Sewer: What Will It Be?, Robert W. Peters
Information Superhighway Or Technological Sewer: What Will It Be?, Robert W. Peters
Federal Communications Law Journal
No abstract provided.
Law In The Electronic Brothel: How Postmodern Media Affect First Amendment Obscenity Doctrine, Kenneth W. Masters
Law In The Electronic Brothel: How Postmodern Media Affect First Amendment Obscenity Doctrine, Kenneth W. Masters
Seattle University Law Review
This Comment seeks to examine the implications of media ecology models for the past, present, and possible future of obscenity doctrine. Section II of this Comment applies the first model in examining the historical origins of obscenity doc- trine in light of media ecology. This analysis of history reveals a critical presupposition about the effects of media on human behavior.