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Articles 1 - 22 of 22
Full-Text Articles in Law
Respeaking The Bill Of Rights: A New Doctrine Of Incorporation, Kurt Lash
Respeaking The Bill Of Rights: A New Doctrine Of Incorporation, Kurt Lash
Indiana Law Journal
The incorporation of the Bill of Rights against the states by way of the Fourteenth Amendment raises a host of textual, historical, and doctrinal difficulties. This is true even if (especially if) we accept the Fourteenth Amendment as having made the original Bill of Rights binding against the states. Does this mean we have two Bills of Rights, one applicable against the federal government with a “1791” meaning and a second applicable against the state governments with an “1868” meaning? Do 1791 understandings carry forward into the 1868 amendment? Or do 1868 understandings of the Bill of Rights carry backward …
Regulating Charitable Crowdfunding, Lloyd H. Mayer
Regulating Charitable Crowdfunding, Lloyd H. Mayer
Indiana Law Journal
Charitable crowdfunding is a global and rapidly growing new method for raising money to benefit charities and individuals in need. While mass fundraising has existed for hundreds of years, crowdfunding is distinguishable from those earlier efforts because of its low cost, speed of implementation, and broad reach. Reflecting these advantages, it now accounts annually for billions of dollars raised from tens of millions of donors through hundreds of internet platforms, including Charidy, Facebook, GoFundMe, and GlobalGiving. Although most charitable crowdfunding campaigns raise only modest amounts, on occasion a campaign attracts tens of millions of dollars in donations. However, charitable crowdfunding …
Platforms: The First Amendment Misfits, Jane R. Bambauer, James Rollins, Vincent Yesue
Platforms: The First Amendment Misfits, Jane R. Bambauer, James Rollins, Vincent Yesue
Indiana Law Journal
This Essay explains why previous First Amendment precedents that allowed government to require a private entity to host the speech of others have limited applicability to online platforms like Twitter and Facebook. Moreover, the backdrop of an open internet makes platforms sufficiently vulnerable to competition and responsive to “listener” preferences that the dominance of some firms like Facebook and Google is not really a chokepoint: aggressive changes to content curation will lead to user dissatisfaction and defection, whether those changes are made by the government or the companies themselves. As a result, there are no close analogies in First Amendment …
Policing The Wombs Of The World's Women: The Mexico City Policy, Samantha Lalisan
Policing The Wombs Of The World's Women: The Mexico City Policy, Samantha Lalisan
Indiana Law Journal
This Comment argues that the Policy should be repealed because it undermines
firmly held First Amendment values and would be considered unconstitutional if
applied to domestic nongovernmental organizations (DNGOs). It proceeds in four
parts. Part I describes the inception of the Policy and contextualizes it among other
antiabortion policies that resulted as a backlash to the U.S. Supreme Court’s
landmark decision in Roe v. Wade. Part II explains the Policy’s actual effect on
FNGOs, particularly focusing on organizations based in Nepal and Peru, and argues
that the Policy undermines democratic processes abroad and fails to achieve its stated
objective: reducing …
First Amendment “Harms”, Stephanie H. Barclay
First Amendment “Harms”, Stephanie H. Barclay
Indiana Law Journal
What role should harm to third parties play in the government’s ability to protect religious rights? The intuitively appealing “harm” principle has animated new theories advanced by scholars who argue that religious exemptions are indefensible whenever they result in cognizable harm to third parties. This third-party harm theory is gaining traction in some circles, particularly in light of the Supreme Court’s pending cases in Little Sisters of the Poor and Fulton v. City of Philadelphia. While focusing on harm appears at first to provide an appealing, simple, and neutral principle for avoiding other difficult moral questions, the definition of harm …
Speech Inequality After Janus V. Afscme, Charlotte Garden
Speech Inequality After Janus V. Afscme, Charlotte Garden
Indiana Law Journal
This Article explores the growing divide between the Roberts Court’s treatment of the free speech rights of wealthy individuals and corporations in campaign finance cases as compared to its treatment of the rights of public-sector labor unions and their members. First, it highlights some internal contradictions in the Janus Court’s analysis. Then, it discusses the growing—yet mostly ignored—divergence in the Court’s treatment of corporate and labor speakers with respect to the use of market influence to achieve political influence.
The Article has two Parts. In Part I, I explain how the Court reached its decision in Janus before critiquing the …
Memorializing The Right To Free Speech: Hess V. Indiana And The Iu Bicentennial, Ashley A. Ahlbrand
Memorializing The Right To Free Speech: Hess V. Indiana And The Iu Bicentennial, Ashley A. Ahlbrand
Articles by Maurer Faculty
No abstract provided.
Wikileaks And The First Amendment, Geoffrey R. Stone
Wikileaks And The First Amendment, Geoffrey R. Stone
Federal Communications Law Journal
FCBA Distinguished Speaker Series
In November 2010, Julian Assange's WikiLeaks collaborated with major media organizations to release thousands of classified U.S. State Department documents. American soldier Bradley Manning stands accused of leaking those documents to the website. In response, Congress introduced the SHIELD Act to amend the Espionage Act of 1917, making it a crime for any person to disseminate any classified information concerning American intelligence or the identity of a classified informant. Such sweeping language, while possibly constitutional as applied to government employees like Manning, is plainly unconstitutional as applied to those like Assange and WikiLeaks who subsequently publish …
Hess V. Indiana Revisited: A Panel Discussion With Case Participants (Video), Ralph F. Gaebler, Richard Vaughan
Hess V. Indiana Revisited: A Panel Discussion With Case Participants (Video), Ralph F. Gaebler, Richard Vaughan
Maurer Law Events
On November 19th, 2004, a panel discussion was held in the Moot Court Room of the Indiana University-Bloomington School of Law. The topic of the discussion was the landmark United States Supreme Court case, Hess v. Indiana. The case is particularly relevant to the law school because two members of the faculty (Tom Schornhorst and Pat Baude) served as lawyers to the defendant Greg Hess. Additionally, the protest and arrest took place half a block from the law school in front of the University's administration building (Bryan Hall) in 1970.
Joining Professors Schornhorst and Baude on the panel are three …
Rehearsal For Media Regulation: Congress Versus The Telegraph-News Monopoly, 1866-1900, Menahem Blondheim
Rehearsal For Media Regulation: Congress Versus The Telegraph-News Monopoly, 1866-1900, Menahem Blondheim
Federal Communications Law Journal
In this Article, Menahem Blondheim presents a critical historical analysis of the dawn of communications regulation as it began with the evolution of domestic telegraphy and developed into a coherent link between 19th century technological, business, and social developments and twentieth century First Amendment thought. First, the Article examines the political and economic environment which led to the development of national telegraph and news networks, like Western Union and the Associated Press. The Author then proceeds to assess the role of the mid-to-late nineteenth century American legislature, and how the debate over telegraph and wire service regulation realigned the powers …
The Role Of The Federal Communications Commission On The Path From The Vast Wasteland To The Fertile Plain, Kathleen Q. Abernathy
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.
Viacom-Cbs Merger: Media Competition And Consolidation In The New Millennium, Andrew Jay Schwartzman
Viacom-Cbs Merger: Media Competition And Consolidation In The New Millennium, Andrew Jay Schwartzman
Federal Communications Law Journal
No abstract provided.
Computer Code Vs. Legal Code: Setting The Rules In Cyberspace, Mark S. Nadel
Computer Code Vs. Legal Code: Setting The Rules In Cyberspace, Mark S. Nadel
Federal Communications Law Journal
Book Review: Code and Other Laws of Cyberspace, by Lawrence Lessig, Basic Books, 1999, 230 pages.
Gregory Hess, Appellant V. State Of Indiana, Appellee (On Appeal From The Supreme Court Of Indiana) In The Supreme Court Of The United States, Patrick Baude, F. Thomas Schornhorst
Gregory Hess, Appellant V. State Of Indiana, Appellee (On Appeal From The Supreme Court Of Indiana) In The Supreme Court Of The United States, Patrick Baude, F. Thomas Schornhorst
Historic Documents
Jurisdictional Statement
October Term, 1973
The Policeman's Right To Free Speech: Muller V. Conlisk, Richard L. Halpert
The Policeman's Right To Free Speech: Muller V. Conlisk, Richard L. Halpert
Indiana Law Journal
No abstract provided.
Gregory Hess Vs. State Of Indiana (Brief Of Appellee) In The Supreme Court Of Indiana, Theodore L. Sendak, Darrel K. Diamond
Gregory Hess Vs. State Of Indiana (Brief Of Appellee) In The Supreme Court Of Indiana, Theodore L. Sendak, Darrel K. Diamond
Historic Documents
Appeal from the Monroe Superior Court
The Honorable James M Dixon, Judge
No. 1271 S 372
Brief of Appellee
Gregory Hess Vs. State Of Indiana (Brief Of Appellant) In The Supreme Court Of Indiana, F. Thomas Schornhorst, David Colman
Gregory Hess Vs. State Of Indiana (Brief Of Appellant) In The Supreme Court Of Indiana, F. Thomas Schornhorst, David Colman
Historic Documents
Appeal from the Monroe Superior Court
The Honorable James M. Dixon, Judge
No. 1271-S372
Brief of the Appellant
Freedom Of Speech And Press In America, By Edward G. Hudson, Ralph F. Fuchs
Freedom Of Speech And Press In America, By Edward G. Hudson, Ralph F. Fuchs
Indiana Law Journal
No abstract provided.
Anonymity: An Emerging Fundamental Right
Censorship And Free Speech, Byron Price