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Full-Text Articles in Law
Abridging Constitutional Rights: Sexting Legislation In Ohio, Weronika Kowalczyk
Abridging Constitutional Rights: Sexting Legislation In Ohio, Weronika Kowalczyk
Cleveland State Law Review
What happens when you combine technology, raging adolescent hormones, and rash decisions? As we have seen these past few years, one outcome is “sexting” the trend of teenagers transmitting sexually suggestive text messages or photographs through cell phones and similar communication devices. In 2009, the media was saturated with stories pertaining to sexting, from discussing the ramifications of engaging in it including cyber bullying, slashed reputations, and serious criminal charges to providing guidelines for what parents and educators could do to control or prevent it. Though sexting includes the transmission of messages as well as photographs, the majority of media …
Are Contemporary Community Standards No Longer Contemporary, Roman A. Kostenko
Are Contemporary Community Standards No Longer Contemporary, Roman A. Kostenko
Cleveland State Law Review
This note concurs with the decision reached by the Third Circuit. The federal obscenity law, which incorporated the contemporary community standards test is unconstitutional as applied to expression on the internet because it has chilling effect on the exercise of freedom of speech as guaranteed by the First Amendment to the Constitution of the United States. Because freedom of speech would be restrained by any incorporation of community standards in federal regulation of the internet, the legislature should refrain from adopting a standard that would apply in all internet situations. Rather, with respect to obscenity, the internet should be left …
Obscenity And The Right To Be Let Alone: The Balancing Of Constitutional Rights, Stephen W. Gard
Obscenity And The Right To Be Let Alone: The Balancing Of Constitutional Rights, Stephen W. Gard
Stephen W. Gard
While on the one hand a conceptual framework for obscenity cases is essential, it is equally true that the Supreme Court has in the past accepted theories proposed by commentators without making significant progress in extricating itself from the quagmire. In light of this situation, the purpose of this Note is not to urge the Court to accept any new theory for dealing with obscenity, but, rather, to suggest a conceptual framework present in the results of its prior decisions and to urge its explicit acceptance by the Court. No attempt will be made to be faithful to all the …