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Articles 1 - 12 of 12

Full-Text Articles in Law

Serious Value, Prurient Appeal, And "Obscene" Books In The Hands Of Children, Todd E. Pettys May 2023

Serious Value, Prurient Appeal, And "Obscene" Books In The Hands Of Children, Todd E. Pettys

William & Mary Bill of Rights Journal

Controversy has erupted across the country concerning sexually explicit books that are available to children in bookstores, schools, and libraries. Many have called for tough enforcement of obscenity laws, with some saying librarians and schoolteachers who distribute certain books to children should face jail time. Using four controversial books as examples, this Article takes today’s book wars as an opportunity to achieve two things. First, the Article explains the narrow circumstances in which the First Amendment permits the government to block the distribution of books to children due to concerns about the books’ prurient appeal. The Article’s second aim is …


The First Amendment And The Roots Of Lgbt Rights Law: Censorship In The Early Homophile Era, 1958-1962, Jason M. Shepard Jul 2020

The First Amendment And The Roots Of Lgbt Rights Law: Censorship In The Early Homophile Era, 1958-1962, Jason M. Shepard

William & Mary Journal of Race, Gender, and Social Justice

Long before substantive due process and equal protection extended constitutional rights to homosexuals under the Fourteenth Amendment, in three landmark decisions by the Supreme Court of the United States, First Amendment law was both a weapon and shield in the expansion of LGBT rights. This Article examines constitutional law and “gaylaw” from the perspective of its beginning, through case studies of One, Inc. v. Olesen (1958), Sunshine Book Co. v. Summerfield (1958), and Manual Enterprises, Inc. v. Day (1962). In protecting free press rights of sexual minorities to use the U.S. mail for mass communications, the Warren Court’s liberalization of …


The Fear Factor: How Fcc Fines Are Chilling Free Speech, Noelle Coates Dec 2005

The Fear Factor: How Fcc Fines Are Chilling Free Speech, Noelle Coates

William & Mary Bill of Rights Journal

No abstract provided.


Law, Literature, And Libel: Victorian Censorship Of "Dirty Filthy" Books On Birth Control, Kristin Brandser Kalsem Apr 2004

Law, Literature, And Libel: Victorian Censorship Of "Dirty Filthy" Books On Birth Control, Kristin Brandser Kalsem

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Censorship Of Cyberspace A Personal Choice, I. Trotter Hardy Jun 1995

Censorship Of Cyberspace A Personal Choice, I. Trotter Hardy

Popular Media

No abstract provided.


The H-Bomb And The First Amendment, Erwin Knoll Feb 1994

The H-Bomb And The First Amendment, Erwin Knoll

William & Mary Bill of Rights Journal

No abstract provided.


Limitations On Corporate Speech: Protection For Shareholders Or Abridgement Of Expression?, Alan J. Meese Nov 1993

Limitations On Corporate Speech: Protection For Shareholders Or Abridgement Of Expression?, Alan J. Meese

William & Mary Bill of Rights Journal

No abstract provided.


Freedom Of Speech For Libraries And Librarians, Rodney A. Smolla Jan 1993

Freedom Of Speech For Libraries And Librarians, Rodney A. Smolla

Faculty Publications

Noting the recent bicentennial of the First Amendment to the United States Constitution, Professor Smolla considers the role of librarians in opposing censorship. He proposes a new principle of "professionalism" to establish the librarian's role, and discusses the principle in light of the Supreme Court's decision in Board of Education v. Pico.


The American Urge To Censor: Freedom Of Expression Versus The Desire To Sanitize Society - From Anthony Comstock To 2 Live Crew, Margaret A. Blanchard Mar 1992

The American Urge To Censor: Freedom Of Expression Versus The Desire To Sanitize Society - From Anthony Comstock To 2 Live Crew, Margaret A. Blanchard

William & Mary Law Review

No abstract provided.


Propaganda, Xenophobia, And The First Amendment, Rodney A. Smolla, Stephen A. Smith Jan 1988

Propaganda, Xenophobia, And The First Amendment, Rodney A. Smolla, Stephen A. Smith

Faculty Publications

No abstract provided.


The Nylon Curtain: America's National Border And The Free Flow Of Ideas, Burt Neuborne, Steven R. Shapiro Jun 1985

The Nylon Curtain: America's National Border And The Free Flow Of Ideas, Burt Neuborne, Steven R. Shapiro

William & Mary Law Review

No abstract provided.


Introduction To National Security And The First Amendment, William B. Spong Jr. Jun 1985

Introduction To National Security And The First Amendment, William B. Spong Jr.

William & Mary Law Review

No abstract provided.