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Articles 91 - 111 of 111

Full-Text Articles in Law

Copyright And Free Expression: The Convergence Of Conflicting Normative Frameworks, Shyamkrishna Balganesh Jan 2004

Copyright And Free Expression: The Convergence Of Conflicting Normative Frameworks, Shyamkrishna Balganesh

All Faculty Scholarship

Recent attempts to expand the domain of copyright law in different parts of the world have necessitated renewed efforts to evaluate the philosophical justifications that are advocated for its existence as an independent institution. Copyright, conceived of as a proprietary institution, reveals an interesting philosophical interaction with other libertarian interests, most notably the right to free expression. This paper seeks to understand the nature of this interaction and the resulting normative decisions. The paper seeks to analyze copyright law and its recent expansions, specifically from the perspective of the human rights discourse. It looks at the historical origins of modern …


The Role Of The Federal Communications Commission On The Path From The Vast Wasteland To The Fertile Plain, Kathleen Q. Abernathy May 2003

The Role Of The Federal Communications Commission On The Path From The Vast Wasteland To The Fertile Plain, Kathleen Q. Abernathy

Federal Communications Law Journal

No abstract provided.


Forfeiting "Enduring Freedom" For "Homeland Security": A Constitutional Analysis Of The Usa Patriot Act And The Justice Department's Anti-Terrorism Initiatives , John W. Whitehead, Steven H. Aden Aug 2002

Forfeiting "Enduring Freedom" For "Homeland Security": A Constitutional Analysis Of The Usa Patriot Act And The Justice Department's Anti-Terrorism Initiatives , John W. Whitehead, Steven H. Aden

American University Law Review

No abstract provided.


Free Speech Rationales After September 11th: The First Amendment In Post-World Trade Center America, Marin Roger Scordato Jan 2002

Free Speech Rationales After September 11th: The First Amendment In Post-World Trade Center America, Marin Roger Scordato

Scholarly Articles

The tragic events of September 11th generated numerous proposals for greater security measures and increased police powers that might, if implemented, constrict the customary scope of free speech in the United States. Legitimate concerns for internal security have placed increased pressures on traditional constitutional protections for expressive activity. It is against this backdrop that this article presents a careful examination of the basic rationales for adopting constitutional level protections for free speech. The article analyzes the nature of, and many of the conflicts among, the traditional rationales for a constitutional right of free expression. It also suggests that much of …


Open Access And The First Amendment: A Critique Of Comcast Cablevision Of Broward County, Inc. V. Broward County, David Wolitz Jan 2001

Open Access And The First Amendment: A Critique Of Comcast Cablevision Of Broward County, Inc. V. Broward County, David Wolitz

Georgetown Law Faculty Publications and Other Works

To what extent does the Free Speech Clause of the First Amendment bar the adoption of “open access” regulations? Open access (or “net neutrality”) refers to a policy that would require broadband Internet providers, such as cable and phone companies, to allow competitive Internet Service Providers (ISPs) onto their broadband lines at nondiscriminatory rates. A federal district court in Florida recently held Broward County’s open access ordinance unconstitutional on the grounds that it would force speech – in the form of Internet content – on to the local cable company. If the district court’s analysis is correct, then open access …


Free Speech, Court Of Appeals: Rogers V. New York City Transit Authority Jan 1998

Free Speech, Court Of Appeals: Rogers V. New York City Transit Authority

Touro Law Review

No abstract provided.


Free Speech, Court Of Appeals: People V. Tichenor Jan 1998

Free Speech, Court Of Appeals: People V. Tichenor

Touro Law Review

No abstract provided.


Free Speech, Supreme Court, Appellate Division, Third Department: Macfarlane V. Village Of Scotia Jan 1998

Free Speech, Supreme Court, Appellate Division, Third Department: Macfarlane V. Village Of Scotia

Touro Law Review

No abstract provided.


Free Speech, Supreme Court, Appellate Division, Third Department: Urbach V. Farrell Jan 1998

Free Speech, Supreme Court, Appellate Division, Third Department: Urbach V. Farrell

Touro Law Review

No abstract provided.


Is Moral Relativism A Constitutional Command?, Steven G. Gey Apr 1995

Is Moral Relativism A Constitutional Command?, Steven G. Gey

Indiana Law Journal

No abstract provided.


Free Speech And Due Process In The Workplace, Cynthia L. Estlund Jan 1995

Free Speech And Due Process In The Workplace, Cynthia L. Estlund

Indiana Law Journal

No abstract provided.


On The Brink: The First Amendment In The Rehnquist Court, 1990-91 Term, Joel M. Gora Jan 1992

On The Brink: The First Amendment In The Rehnquist Court, 1990-91 Term, Joel M. Gora

Touro Law Review

No abstract provided.


The Concept Of Offensiveness In Establishment And Free Exercise Jurisprudence, William P. Marshall Apr 1991

The Concept Of Offensiveness In Establishment And Free Exercise Jurisprudence, William P. Marshall

Indiana Law Journal

No abstract provided.


Religious Free Speech Rights Of Students In Public Schools: The Educator's Dilemma, Rosalie Levinson Jan 1990

Religious Free Speech Rights Of Students In Public Schools: The Educator's Dilemma, Rosalie Levinson

Law Faculty Publications

No abstract provided.


Law And Disorder, Robert W. Gordon Oct 1989

Law And Disorder, Robert W. Gordon

Indiana Law Journal

No abstract provided.


The Beggar's Free Speech, Anthony J. Rose Jan 1989

The Beggar's Free Speech, Anthony J. Rose

Indiana Law Journal

No abstract provided.


Free Speech And Freedom From Speech: Hustler Magazine V. Falwell, The New York Times Actual Malice Standard And Intentional Infliction Of Emotional Distress, Boyd C. Farnham Oct 1988

Free Speech And Freedom From Speech: Hustler Magazine V. Falwell, The New York Times Actual Malice Standard And Intentional Infliction Of Emotional Distress, Boyd C. Farnham

Indiana Law Journal

No abstract provided.


Libel: Taskett V. King Broadcasting Co.--A New Washington Standard, Roy W. Kent Jan 1977

Libel: Taskett V. King Broadcasting Co.--A New Washington Standard, Roy W. Kent

Seattle University Law Review

In Taskett v. KING Broadcasting Co., the Washington Supreme Court reevaluated the constitutional limits on libel law with regard to private individuals involved in matters of public interest, and held that private individuals can recover damages "on a showing that in publishing the statement, the defendant knew or, in the exercise of reasonable care, should have known that the statement was false." In adopting the reasonable care standard, the Washington Supreme Court sought to achieve an equitable balance between the media's first amendment rights of free speech and press and the state's interest in compensating private citizens for harm …


Constitutional Law - Civil Liberties, Adderley V. Florida, 87 S.Ct. 242 (1966), Glenn J. Sedam Jr. Mar 1967

Constitutional Law - Civil Liberties, Adderley V. Florida, 87 S.Ct. 242 (1966), Glenn J. Sedam Jr.

William & Mary Law Review

No abstract provided.


Freedom Of Speech And Press In America, By Edward G. Hudson, Ralph F. Fuchs Apr 1964

Freedom Of Speech And Press In America, By Edward G. Hudson, Ralph F. Fuchs

Indiana Law Journal

No abstract provided.


The Inquiring Mind, Harold C. Havighurst Dec 1928

The Inquiring Mind, Harold C. Havighurst

West Virginia Law Review

No abstract provided.