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First Amendment

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1996

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Articles 1 - 30 of 58

Full-Text Articles in Law

A More Sensible Approach To Regulating Independent Expenditures: Defending The Constitutionality Of The Fed's New Express Advocacy Standard, Michael D. Leffel Dec 1996

A More Sensible Approach To Regulating Independent Expenditures: Defending The Constitutionality Of The Fed's New Express Advocacy Standard, Michael D. Leffel

Michigan Law Review

Campaign finance reformers argue that the "unholy alliance of private money and public elections" has created "a crisis of confidence in our elected officials." The now-deceased campaign reform advocate Philip M. Stem summed up the role of money in campaigns this way: "[M]oney-power has replaced people-power as the driving force in American politics and the determinant of electoral victory." One form of "money-power" in elections that received a great deal of attention in the last election cycle was "independent expenditures." Independent expenditures are funds spent by interested individuals or groups - usually in the form of television or radio advertisements …


Pornography Drives Technology: Why Not To Censor The Internet, Peter Johnson Nov 1996

Pornography Drives Technology: Why Not To Censor The Internet, Peter Johnson

Federal Communications Law Journal

Historically, the development of new media has been advanced by the creators of pornography. This was evident as communications media evolved from vernacular speech to movable type, to photography, to paperback books, to videotape, to cable and pay-TV, to 900 phone lines, to the French Minitel, and to the Internet. In short, pornography, far from being an evil that the First Amendment must endure, is a positive good that encourages experimentation with new technology. Accordingly, society should not view cyberpornographers as pariahs, rather they should be viewed as explorers who pave the roads for civilization to follow.


Church And State Relations In Australia And The United States: The Purpose And Effect Approaches And The Neutrality Principle, Gabriel A. Moens Nov 1996

Church And State Relations In Australia And The United States: The Purpose And Effect Approaches And The Neutrality Principle, Gabriel A. Moens

BYU Law Review

No abstract provided.


"Brainwashing" Claims And Minority Religions Outside The United States: Cultural Diffusion Of A Questionable Concept In The Legal Arena, James T. Richardson Nov 1996

"Brainwashing" Claims And Minority Religions Outside The United States: Cultural Diffusion Of A Questionable Concept In The Legal Arena, James T. Richardson

BYU Law Review

No abstract provided.


The First Amendment Comes Of Age: The Emergence Of Free Speech In Twentieth-Century America, G. Edward White Nov 1996

The First Amendment Comes Of Age: The Emergence Of Free Speech In Twentieth-Century America, G. Edward White

Michigan Law Review

As the number of issues perceived as having First Amendment implications continues to grow, and the coterie of potential beneficiaries of First Amendment protection continues to widen - including not only the traditional oppressed mavericks and despised dissenters but some rich and powerful members from the circles of political and economic orthodoxy - alarms have been sounded. Another period of stocktaking for free speech theory appears to be dawning, and some recent commentators have proposed a retrenchment from the long twentieth- century progression of increasingly speech-protective interpretations of the First Amendment. At the heart of the retrenchment literature lies the …


Implementing Waters V. Churchill In Light Of The Loudermill Pretermination Hearing, Laura L. Scarry Sep 1996

Implementing Waters V. Churchill In Light Of The Loudermill Pretermination Hearing, Laura L. Scarry

In the Public Interest

No abstract provided.


All Things Being Equal ..., John H. Garvey Sep 1996

All Things Being Equal ..., John H. Garvey

BYU Law Review

No abstract provided.


Converting The Religious Equality Amendment Into A Statute With A Little "Conscience", Rodney K. Smith Sep 1996

Converting The Religious Equality Amendment Into A Statute With A Little "Conscience", Rodney K. Smith

BYU Law Review

No abstract provided.


Constitutional Imperfection, Judicial Misinterpretation, And The Politics Of Constitutional Amendment: Thoughts Generated By Some Current Proposals To Amend The Constitution, Sanford Levinson Sep 1996

Constitutional Imperfection, Judicial Misinterpretation, And The Politics Of Constitutional Amendment: Thoughts Generated By Some Current Proposals To Amend The Constitution, Sanford Levinson

BYU Law Review

No abstract provided.


The Necessity And Impact Of The Proposed Religious Equality Amendment, Steuen T. Mcfarland Sep 1996

The Necessity And Impact Of The Proposed Religious Equality Amendment, Steuen T. Mcfarland

BYU Law Review

No abstract provided.


The Hidden First Amendment Values Of Privacy, Sean M. Scott Jul 1996

The Hidden First Amendment Values Of Privacy, Sean M. Scott

Washington Law Review

The private facts tort protects the privacy of individuals by punishing the publication of private information. The First Amendment protects the press when it publishes information in which the public has a legitimate interest. The right to keep information private and the right to publish information sometimes conflict. The First Amendment is often the victor in these conflicts; courts are concerned that the private facts tort threatens First Amendment values. This Article challenges the argument that punishing a media defendant for publishing truthful information will threaten unduly First Amendment values. The Article argues instead that the private facts tort promotes, …


Mine Accident Investigations: Does The Press Have A Right To Be Present, O. Marie Anderson Jun 1996

Mine Accident Investigations: Does The Press Have A Right To Be Present, O. Marie Anderson

West Virginia Law Review

No abstract provided.


The First Amendment Status Of Commercial Speech: Why The Fcc Regulations Implementing The Telephone Consumer Protection Act Of 1991 Are Unconstitutional, Deborah L. Hamilton Jun 1996

The First Amendment Status Of Commercial Speech: Why The Fcc Regulations Implementing The Telephone Consumer Protection Act Of 1991 Are Unconstitutional, Deborah L. Hamilton

Michigan Law Review

This Note considers the constitutionality of the FCC's regulations implementing the no-recorded-message provision of the 1991 TCPA and concludes that they violate the First Amendment because they impermissibly distinguish between commercial and noncommercial speech. Part I explains the structure of the FCC's recorded-message regulations and demonstrates that the regulations explicitly distinguish commercial recorded messages from other recorded messages. Part II examines First Amendment protection for commercial speech in light of three 1993 Supreme Court decisions that restructured commercial speech doctrine by holding that the government can single out commercial speech for regulation only in response to a distinct harm arising …


The Constitutional Interest In Getting The News: Toward A First Amendment Protection From Tort Liability For Surreptitious Newsgathering, Paul A. Lebel May 1996

The Constitutional Interest In Getting The News: Toward A First Amendment Protection From Tort Liability For Surreptitious Newsgathering, Paul A. Lebel

William & Mary Bill of Rights Journal

No abstract provided.


Tainted Sources: First Amendment Rights And Journalistic Wrongs, Robert M. O'Neil May 1996

Tainted Sources: First Amendment Rights And Journalistic Wrongs, Robert M. O'Neil

William & Mary Bill of Rights Journal

The issue of news organizations' potential liability for their newsgathering practices has garnered significant attention in several recent cases. Robert M. O'Neil discusses several such cases which have focused on the balance between the First Amendment interests at stake and the improper or possibly illegal manner in which the media obtained its information. The author concludes by suggesting principles to guide in balancing these interests


Is There A Principle Of Religious Liberty?, John H. Garvey May 1996

Is There A Principle Of Religious Liberty?, John H. Garvey

Michigan Law Review

A Review of Jesse H. Choper, Securing Religious Liberty: Priniples for Judicial Interpretation of the Religion Clauses and Steven D. Smith, Foreordained Failure: The Quest for a Constitutional Principle of Religious Freedom


Post Constitutionalism, Lawrence Lessig May 1996

Post Constitutionalism, Lawrence Lessig

Michigan Law Review

A Review of Robert C. Post, Constitutional Domains: Democracy, Community, Management


Constitutional Law—First Amendment And Freedom Of Speech—Public Employers Must Conduct A Reasonable Investigation To Determine If An Employee's Speech Is Protected Before Discharging The Employee Based Upon The Speech. Waters V. Churchill, 114 S. Ct. 1878 (1994)., D. Keith Fortner Apr 1996

Constitutional Law—First Amendment And Freedom Of Speech—Public Employers Must Conduct A Reasonable Investigation To Determine If An Employee's Speech Is Protected Before Discharging The Employee Based Upon The Speech. Waters V. Churchill, 114 S. Ct. 1878 (1994)., D. Keith Fortner

University of Arkansas at Little Rock Law Review

No abstract provided.


Federal Broadband Law, John Thorne, Michael K. Kellog, Peter W. Huber, Jeffrey A. Wolfson Jan 1996

Federal Broadband Law, John Thorne, Michael K. Kellog, Peter W. Huber, Jeffrey A. Wolfson

Richmond Journal of Law & Technology

The authors of this book have brought together a vast and varied array of experience. Mr. Thorne is the Vice President & Associate General Counsel for Bell Atlantic; Mr. Huber is a Senior Fellow at the Manhattan Institute for Policy Research; and Mr. Kellogg is a Partner at Kellogg, Huber, Hansen & Todd. A reader will find the occasional use of technical jargon, such as "domsats" (domestic satellites), "coax" (coaxial cable), and "syndex" rules (syndicated exclusivity rules to protect syndicated, non-network programming) to be somewhat confusing. "Telcos" and "cablecos" are telephone and cable companies, respectively. Overall, however, technical jargon is …


Don't Shoot The Messenger: Protecting Speech On Editorially Controlled Bulletin Board Services By Applying Sullivan Malice, 14 J. Marshall J. Computer & Info. L. 347 (1996), Iris Ferosie Jan 1996

Don't Shoot The Messenger: Protecting Speech On Editorially Controlled Bulletin Board Services By Applying Sullivan Malice, 14 J. Marshall J. Computer & Info. L. 347 (1996), Iris Ferosie

UIC John Marshall Journal of Information Technology & Privacy Law

Courts must determine the standard of liability for Internet Service Providers (ISPs) that proactively edit their Bulletin Board Systems (BBSs) for defamatory content. ISPs are computer services that provide data processing and communication services to customers - individual computer users who subscribe to the ISP's service. BBSs are computer programs that act like a traditional bulletin board. They are centrally located on the ISP's computers, and people who subscribe to the ISP can access that bulletin board to publish (or "post") messages on the board, and read and respond to other people's messages. Some ISPs allow people to post messages …


The Constitutionality Of Congressional Efforts To Ban Computer-Generated Child Pornography: A First Amendment Assessment Of S. 1237, 14 J. Marshall J. Computer & Info. L. 483 (1996), Ronald W. Adelman Jan 1996

The Constitutionality Of Congressional Efforts To Ban Computer-Generated Child Pornography: A First Amendment Assessment Of S. 1237, 14 J. Marshall J. Computer & Info. L. 483 (1996), Ronald W. Adelman

UIC John Marshall Journal of Information Technology & Privacy Law

This article addressed the constitutionality of the Child Pornography Prevention Act of 1995 (Hatch Bill) in regard to computer-generated child pornography. The Bill outlaws a visual depiction that is or appears to be of a minor engaging in sexually explicit conduct. The author claims the comments of David B. Johnson and John C. Scheller regarding the constitutionality of the Bill are analytically flawed because they focus on dicta from New York v. Ferber and Osborne v. Ohio. The author then engages in his own assessment of the Bill using a First Amendment approach and suggests what findings Congress should make …


Cryptography And The First Amendment: The Right To Be Unheard, 14 J. Marshall J. Computer & Info. L. 325 (1996), Phillip E. Reiman Jan 1996

Cryptography And The First Amendment: The Right To Be Unheard, 14 J. Marshall J. Computer & Info. L. 325 (1996), Phillip E. Reiman

UIC John Marshall Journal of Information Technology & Privacy Law

The author proposes that current technology has made cryptography an important element in maintaining a society's right to free speech. Cryptography is the process of using secret codes to protect information. This protection increases society's privacy because cryptographers can limit the amount of information that is seen by others. The world is becoming a place where there is virtually no privacy. Everyone is open to surveillance through the Internet, use of a credit card or being filmed on a security camera. Cryptography is a means in which a person can protect his privacy. Through this protection, the author states that …


Freedom Of Speech And Press Jan 1996

Freedom Of Speech And Press

Touro Law Review

No abstract provided.


Free Exercise Of Religion Jan 1996

Free Exercise Of Religion

Touro Law Review

No abstract provided.


Freedom Of Speech And Press Jan 1996

Freedom Of Speech And Press

Touro Law Review

No abstract provided.


Freedom Of Speech And Press Jan 1996

Freedom Of Speech And Press

Touro Law Review

No abstract provided.


Freedom Of Speech And Press Jan 1996

Freedom Of Speech And Press

Touro Law Review

No abstract provided.


Religious Liberty And Fair Housing: Must A Landlord Rent Against His Conscience, 29 J. Marshall L. Rev. 455 (1996), James C. Geoly, Kevin R. Gustafson Jan 1996

Religious Liberty And Fair Housing: Must A Landlord Rent Against His Conscience, 29 J. Marshall L. Rev. 455 (1996), James C. Geoly, Kevin R. Gustafson

UIC Law Review

No abstract provided.


Joining A Cult: Religious Choice Or Psychological Aberration, Dena S. Davis Jan 1996

Joining A Cult: Religious Choice Or Psychological Aberration, Dena S. Davis

Journal of Law and Health

In this article, I will analyze the different theories about "cult" membership and conversion, specifically focusing upon whether or not conversions to cults ought to be respected by the law in the same way that the law respects conversion to be respected by the law in the same way that the law respects conversion to and membership in, mainstream religions. In section II, I attempt (unsuccessfully) to define a "cult". In section III, I discuss the civil liberties issues surrounding "cults" and the public furor they have engendered. In section IV, I discuss the different and competing theories about why …


Freedom Of Speech And Press Jan 1996

Freedom Of Speech And Press

Touro Law Review

No abstract provided.