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Full-Text Articles in Law
The Need To Criminalize Revenge Porn: How A Law Protecting Victims Can Avoid Running Afoul Of The First Amendment, Adrienne N. Kitchen
The Need To Criminalize Revenge Porn: How A Law Protecting Victims Can Avoid Running Afoul Of The First Amendment, Adrienne N. Kitchen
Chicago-Kent Law Review
Revenge porn occurs when someone posts sexually explicit images of their former paramour on the web, often with contact information for the victim’s work and home. There are thousands, perhaps tens of thousands, of victims. Victims lose or quit their jobs; they are harassed by strangers; some change their name or alter their appearance. Some victims resort to suicide; others are stalked, assaulted, or killed. Civil suits fail to remove the images or deter perpetrators. Current criminal laws are insufficient in several common instances. These shortcomings mean there is a need to criminalize revenge porn.
Revenge porn is obscene and …
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 …
Love Speech: The Social Utility Of Pornography, Jeffrey G. Sherman
Love Speech: The Social Utility Of Pornography, Jeffrey G. Sherman
All Faculty Scholarship
No abstract provided.