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Full-Text Articles in Law
The Three Conundrums: Doctrinal, Theoretical, And Practical Confusion In The Law Of Sexually Explicit Speech, Kyla P. Garrett Wagner, P. Brooks Fuller
The Three Conundrums: Doctrinal, Theoretical, And Practical Confusion In The Law Of Sexually Explicit Speech, Kyla P. Garrett Wagner, P. Brooks Fuller
UC Law SF Communications and Entertainment Journal
In First Amendment law, one rarely disputed notion is that sexually explicit speech is less valuable than so-called “core” forms of expression, such as political discourse. This study revives that dispute with a focus on the Supreme Court’s justifications for categorizing sexually explicit speech as “low-value” in the first place. The analysis reveals three conundrums plaguing the Court’s jurisprudence: categorizing restrictions on sexually explicit speech; interpreting the value and harms of sexually explicit speech; and assessing the evidence (or lack thereof) for restrictions on sexually explicit speech. This article explains how these conundrums should be resolved in sexually explicit speech …
Race In The Courthouse: Less Protection As More Equal Protection For Musical Works, Charles Cronin
Race In The Courthouse: Less Protection As More Equal Protection For Musical Works, Charles Cronin
UC Law SF Communications and Entertainment Journal
No abstract provided.
A “Journey” Through Band Agreements, Jordan M. Whitford
A “Journey” Through Band Agreements, Jordan M. Whitford
UC Law SF Communications and Entertainment Journal
No abstract provided.
Conspiracy Speech: Reimagining The First Amendment In The Age Of Qanon, Justin Hyland
Conspiracy Speech: Reimagining The First Amendment In The Age Of Qanon, Justin Hyland
UC Law SF Communications and Entertainment Journal
No abstract provided.
Tobacco And The Small Screen: Why The Tvomb Should Restructure The Parental Guidelines, Courtney Leavitt
Tobacco And The Small Screen: Why The Tvomb Should Restructure The Parental Guidelines, Courtney Leavitt
UC Law SF Communications and Entertainment Journal
This article summarizes the creation and workings of the TV Parental Guidelines and the Oversight Monitoring Board, potential First Amendment issues of a required rating system, and possible solutions to the problems of the current rating system. The TV Parental Guidelines and the Oversight Monitoring Board were created to fulfill requirements of the Telecommunications Act of 1996. The TV Parental Guidelines are meant to empower parents to control the content viewed by their children with useful ratings. However, the accuracy of ratings and understanding of the system are limited. Further, the complaint process is complex, with little authority to enforce …
For An Anti-Discrimination Act For Cyberspace: Two-Sided Pricing, Walled Gardens, And The Depletion Of The Marketplace Of Ideas, Julien Mailland
For An Anti-Discrimination Act For Cyberspace: Two-Sided Pricing, Walled Gardens, And The Depletion Of The Marketplace Of Ideas, Julien Mailland
UC Law SF Communications and Entertainment Journal
In the wake of renewed policy interest for the regulation of Internet gatekeepers, I argue that the U.S. Congress should pass a sweeping net neutrality regulation, an Anti-Discrimination Act for Cyberspace. Breaking with the tradition of siloed research which has seen similar proposals grounded in economics, computer science, history, political philosophy, and administrative and constitutional law, as separate matters, I offer a multi-disciplinary approach which combines these fields to draw new insights for Internet law and policy. I argue, with reference to leading Supreme Court cases, including Pruneyard Shopping Center v. Robins, that such a law would most likely pass …
We Didn’T Stop The Fire: Media Ownership Policy After Fcc V. Prometheus Radio Project, Christopher Terry, Eliezer Joseph Silberberg, Stephen Schmitz
We Didn’T Stop The Fire: Media Ownership Policy After Fcc V. Prometheus Radio Project, Christopher Terry, Eliezer Joseph Silberberg, Stephen Schmitz
UC Law SF Communications and Entertainment Journal
No abstract provided.
Combating Fake News With “Reasonable Standards”, Tawanna D. Lee
Combating Fake News With “Reasonable Standards”, Tawanna D. Lee
UC Law SF Communications and Entertainment Journal
Fake news is an intractable concern around the globe, sowing division and distrust in institutions, and undermining election integrity. This Article analyzes the spectrum of private and public regulation of “fake news” from comparative law and normative perspectives. In the United States, combating fake news shares surprising bipartisan support in an ever-divided political landscape. While several proposals have emerged that would strip Internet media companies of the liability shield for third-party content, it is unlikely that they would survive the seemingly insurmountable First Amendment scrutiny. This Article argues for a different tact—an amendment to the Communications Decency Act that addresses …
Litigators And Dealmakers: A Comprehensive Critique Of The California Labor Commission’S Solis Decision And The Talent Agencies Act In The Context Of The 2018-2019 Wga-Ata Packaging Dispute, Tyler J. Emerson
UC Law SF Communications and Entertainment Journal
No abstract provided.
Wake Up Or Get Woke: The Paradox Of America’S Diplomatic Export Of Hip Hop, Kalen M. Coleman
Wake Up Or Get Woke: The Paradox Of America’S Diplomatic Export Of Hip Hop, Kalen M. Coleman
UC Law SF Communications and Entertainment Journal
No abstract provided.
A Post For Change: Social Media And The Unethical Dissemination Of Nonconsensual Pornography, Cecilia Grimaldi
A Post For Change: Social Media And The Unethical Dissemination Of Nonconsensual Pornography, Cecilia Grimaldi
UC Law SF Communications and Entertainment Journal
No abstract provided.