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Full-Text Articles in Law
A Call To Leadership: The Future Of Race Relations In Virginia, Rodney A. Smolla
A Call To Leadership: The Future Of Race Relations In Virginia, Rodney A. Smolla
Scholarly Articles
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Does The Child Online Protection Act Violate The First Amendment?, Susanna Frederick Fischer
Does The Child Online Protection Act Violate The First Amendment?, Susanna Frederick Fischer
Scholarly Articles
The Supreme Court weighs in for a second time in the more than 5-year-old court battle over whether the Child Online Protection Act drafters have rectified the constitutional defects of the Communications Decency Act, which the Court struck down in 1997 on First Amendment grounds. In an effort to cure the CDA's lack of "narrow tailoring," the drafters of COPA have more narrowly defined the speech that is being regulated and have also narrowed the speakers who are subject to regulation.
Cross Burning – Hate Speech As Free Speech: A Comment On Virginia V. Black, Roger C. Hartley
Cross Burning – Hate Speech As Free Speech: A Comment On Virginia V. Black, Roger C. Hartley
Scholarly Articles
This Article concerns the criminalization of cross burning. This act of symbolic expression sometimes communicates hate, inspires fear of impending bodily harm, expresses an ideology and solidarity with others, or encompasses combinations of these. In 1991, Edward Cleary defended a White juvenile, known in court documents as R.A.V., who had burned a cross on the lawn of a Black family. In that litigation, Cleary began his oral argument to the Supreme Court by posing this question: To what degree does abhorrence of cross burning justify banning it? That question still baffles us. Establishing appropriate boundaries for the protection of speech …