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Full-Text Articles in Law
Changing Counterspeech, G.S. Hans
Changing Counterspeech, G.S. Hans
Cleveland State Law Review
A cornerstone of First Amendment doctrine is that counterspeech — speech that responds to speech, including disfavored, unpopular, or offensive speech — is preferable to government censorship or speech regulation. The counterspeech doctrine is often invoked to justify overturning or limiting legislation, regulation, or other government action. Counterspeech forms part of the rationale for the "marketplace of ideas" that the First Amendment is arguably designed to promote. Yet critics assert that counterspeech is hardly an effective remedy for the harms caused by "hate speech" and other offensive words that are expressed in American society, given the realities of how speech …
Student Publications, The First Amendment, And State Speech, T. D. Buckley Jr.
Student Publications, The First Amendment, And State Speech, T. D. Buckley Jr.
Cleveland State Law Review
The lower federal courts and state courts have been applying the first amendment in student press cases arising at public colleges and high schools since 1967. But ordinary first amendment analysis is inadequate in most student press disputes. As a result the courts in some cases have been unable to articulate satisfactorily the bases for good decisions. And in other cases the real issues generated in student press litigations have been ignored. This Article evaluates the cases so far decided, and proposes a new approach to student press disputes which would rationalize what the courts have intuitively done correctly in …
Customs Censorship, Jay A. Sigler
Customs Censorship, Jay A. Sigler
Cleveland State Law Review
The American national government is engaged in a vast program of censorship which includes a wider range of materials than that usually controlled by local government authority. The attention of the courts and the press has been concentrated primarily upon state and local censorship, but federal activity is usually more significant. The federal government has used the postal and customs powers, derived from Article I, Sec. 8 of the Constitution, to regulate both the internal movement of undesirable material and its entry from abroad. The postal power has been treated elsewhere, but the customs power is at least as important …
Freedom From Obscenity, Norman A. Erbe, Arlo F. Craig Jr.
Freedom From Obscenity, Norman A. Erbe, Arlo F. Craig Jr.
Cleveland State Law Review
Interest in obscenity laws, in the reason and purpose for their being, their efficacy in achieving the ends for which they are intended, the threat their existence and enforcement pose to the freedoms of speech and press, and the attitude of the courts toward them, seems to be at a new high. Obscenity is universally condemned throughout the United States. Yet law enforcement officers who attempt to enforce obscenity laws invariably are accused of "censoring" and "book burning."' A good many of such charges come from persons whose ox is being gored-persons who have a pecuniary interest in having obscenity …