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Articles 1 - 8 of 8
Full-Text Articles in Law
Powerful Speakers And Their Listeners, Helen Norton
Powerful Speakers And Their Listeners, Helen Norton
Publications
In certain settings, law sometimes puts listeners first when their First Amendment interests collide with speakers’. And collide they often do. Sometimes speakers prefer to tell lies when their listeners thirst for the truth. Sometimes listeners hope that speakers will reveal their secrets, while those speakers resist disclosure. And at still other times, speakers seek to address certain listeners when those listeners long to be left alone. When speakers’ and listeners’ First Amendment interests collide, whose interests should prevail? Law sometimes – but not always – puts listeners’ interests first in settings outside of public discourse where those listeners have …
Commercial Speech Protection As Consumer Protection, Felix T. Wu
Commercial Speech Protection As Consumer Protection, Felix T. Wu
University of Colorado Law Review
No abstract provided.
Recording As Heckling, Scott Skinner-Thompson
Recording As Heckling, Scott Skinner-Thompson
Publications
A growing body of authority recognizes that citizen recording of police officers and public space is protected by the First Amendment. But the judicial and scholarly momentum behind the emerging “right to record” fails to fully incorporate recording’s cost to another important right that also furthers First Amendment principles: the right to privacy.
This Article helps fill that gap by comprehensively analyzing the First Amendment interests of both the right to record and the right to privacy in public while highlighting the role of technology in altering the First Amendment landscape. Recording information can be critical to future speech and, …
Press Speakers And The First Amendment Rights Of Listeners, Ronnell Anderson Jones
Press Speakers And The First Amendment Rights Of Listeners, Ronnell Anderson Jones
University of Colorado Law Review
No abstract provided.
When Audiences Object: Free Speech And Campus Speaker Protests, Gregory P. Magarian
When Audiences Object: Free Speech And Campus Speaker Protests, Gregory P. Magarian
University of Colorado Law Review
No abstract provided.
The Macguffin And The Net: Taking Internet Listeners Seriously, Derek E. Bambauer
The Macguffin And The Net: Taking Internet Listeners Seriously, Derek E. Bambauer
University of Colorado Law Review
To date, listeners and readers play little more than bit parts in First Amendment jurisprudence. The advent of digital networked communication over the Internet supports moving these interests to center stage in free speech doctrine and offers new empirical data to evaluate the regulation of online information. Such a shift will have important and unexpected consequences for other areas, including ones seemingly orthogonal to First Amendment concerns. This Essay explores likely shifts in areas that include intellectual property, tort, and civil procedure, all of which have been able to neglect certain free speech issues because of the lack of listener …
Pregnancy And The First Amendment, Helen Norton
Pregnancy And The First Amendment, Helen Norton
Publications
Suppose that you are pregnant and seated in the waiting room of a Planned Parenthood clinic, or maybe in a facility that advertises “Pregnant? We Can Help You.” This Essay discusses the First Amendment rules that apply to the government’s control of what you are about to hear.
If the government funds your clinic’s program, the U.S. Supreme Court has held that it does not violate the First Amendment’s Free Speech Clause when it forbids your health-care provider from offering you information about available abortion services. Nor does the government violate the Free Speech Clause, the Court has held, when …
Data Subjects' Privacy Rights: Regulation Of Personal Data Retention And Erasure, Alexander Tsesis...
Data Subjects' Privacy Rights: Regulation Of Personal Data Retention And Erasure, Alexander Tsesis...
University of Colorado Law Review
No abstract provided.