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Articles 1 - 30 of 56
Full-Text Articles in Law
Some Words Are Injurious . . . Some Cause A Raging Storm, Kenneth Lasson
Some Words Are Injurious . . . Some Cause A Raging Storm, Kenneth Lasson
All Faculty Scholarship
No abstract provided.
Free Speech: It's Great For Hate, Kenneth Lasson
Free Speech: It's Great For Hate, Kenneth Lasson
All Faculty Scholarship
No abstract provided.
New York Law School Reporter, October 1990, New York Law School
New York Law School Reporter, October 1990, New York Law School
Student Newspapers
No abstract provided.
Product Health Claims And The First Amendment: Scientific Expression And The Twilight Zone Of Commercial Speech, Martin H. Redish
Product Health Claims And The First Amendment: Scientific Expression And The Twilight Zone Of Commercial Speech, Martin H. Redish
Vanderbilt Law Review
Imagine, for a moment, that Congress has enacted the "False and Misleading Medical and Scientific Reporting Act of 1990." The law is premised on a fear that scientific quackery may cause significant societal harm by confusing the public and inducing its members to seek out costly, worthless, and possibly harmful medical cures or supposed scientific advances. The Act establishes a special commission of scientific and medical experts to rule on the accuracy of any proposed scientific or medical theory that conceivably could cause public harm or confusion. Such scientific or medical assertions must be substantiated to the commission's satisfaction, or …
The Great 1989-1990 Flag Flap: An Historical, Political, And Legal Analysis, Robert Justin Goldstein
The Great 1989-1990 Flag Flap: An Historical, Political, And Legal Analysis, Robert Justin Goldstein
University of Miami Law Review
No abstract provided.
Making Sense Of Billboard Law: Justifying Prohibitions And Exemptions, R. Douglass Bond
Making Sense Of Billboard Law: Justifying Prohibitions And Exemptions, R. Douglass Bond
Michigan Law Review
Part I of this Note surveys the trends in the aesthetic regulation of billboards, culminating in the Supreme Court of California's decision in Metromedia, Inc. v. City of San Diego, and the Supreme Court's review of that decision. Part II analyzes the five Metromedia opinions in order to present properly the contemporary debate over billboard law. It inquires whether a sign prohibition should hinge on the commercial or noncommercial status of the targeted signs. Part III indicates how ambiguities in the Metromedia plurality opinion have produced the conflict in lower courts between the commercial/noncommercial distinction and the onsite/ off …
Academic Freedom And The First Amendment In The Supreme Court Of The United States: An Unhurried Historical Review, William W. Van Alstyne
Academic Freedom And The First Amendment In The Supreme Court Of The United States: An Unhurried Historical Review, William W. Van Alstyne
Faculty Publications
No abstract provided.
Academic Freedom, Hate Speech, And The Idea Of A University, Rodney A. Smolla
Academic Freedom, Hate Speech, And The Idea Of A University, Rodney A. Smolla
Faculty Publications
No abstract provided.
Foreword: Freedom And Tenure In The Academy: The Fiftieth Anniversary Of The 1940 Statement Of Principles, William W. Van Alstyne
Foreword: Freedom And Tenure In The Academy: The Fiftieth Anniversary Of The 1940 Statement Of Principles, William W. Van Alstyne
Faculty Publications
This forward comments on the shared anniversary of the Bill of Rights and several declarations of academic freedom. Several of the preceding articles are intended to discuss academic freedom and the need for its protection in the U.S.
Michigan's Teacher Certification Requirement As Applied To Religiously Motivated Home Schools, Donald D. Dorman
Michigan's Teacher Certification Requirement As Applied To Religiously Motivated Home Schools, Donald D. Dorman
University of Michigan Journal of Law Reform
This Note defends the thesis that the teacher-certification requirement of Michigan's compulsory attendance statute is unconstitutional as applied to people who, for sincere religious reasons, believe they must teach their children at home. Michigan courts have incorrectly applied a rational-basis test in regulating religiously motivated home schools, rather than the strict scrutiny required by the U.S. Supreme Court for cases involving both the free exercise of religion and parents' interest in directing their children's education.
Subliminal Perception And The First Amendment: Yelling Fire In A Crowded Mind?, Scot Silverglate
Subliminal Perception And The First Amendment: Yelling Fire In A Crowded Mind?, Scot Silverglate
University of Miami Law Review
No abstract provided.
The New Politics Of Pornography, René L. Todd
The New Politics Of Pornography, René L. Todd
Michigan Law Review
A Review of The New Politics of Pornography by Donald A. Downs
Invasion Of Privacy: The Cross Creek Trial Of Marjorie Kinnan Rawlings, Laura J. Hines
Invasion Of Privacy: The Cross Creek Trial Of Marjorie Kinnan Rawlings, Laura J. Hines
Michigan Law Review
A Review of Invasion of Privacy: The Cross Creek Trial of Marjorie Kinnan Rawlings by Patricia Nassif Acton
Myths And Misunderstandings, Michael I. Meyerson
Myths And Misunderstandings, Michael I. Meyerson
All Faculty Scholarship
This article explores the utility of the Holmsean marketplace of ideas when considering the regulation of different forms of communication technology.
No More Teachers' Dirty Looks -- Now They Sue: Analysis Of Plaintiff Status Determinations In Defamation Actions By Public Educators, Richard E. Johnson
No More Teachers' Dirty Looks -- Now They Sue: Analysis Of Plaintiff Status Determinations In Defamation Actions By Public Educators, Richard E. Johnson
Florida State University Law Review
The constitutionalization of defamation law in 1964 created a revolution in first amendment jurisprudence. The United States Supreme Court established protection for statements concerning public officials unless the statements were made with actual malice, i.e., knowledge of falsity or reckless disregard of truth or falsity. Later, the Court extended much of that protection to statements about public figures who are not government employees. Though the Court eventually narrowed the scope of its public figure doctrine, it never receded from the protection accorded to statements about public officials. The author of this Article contends that this distinction has eluded many state …
Humor, Defamation And Intentional Infliction Of Emotional Distress: The Potential Predicament For Private Figure Plaintiffs, Catherine L. Amspacher, Randel Steven Springer
Humor, Defamation And Intentional Infliction Of Emotional Distress: The Potential Predicament For Private Figure Plaintiffs, Catherine L. Amspacher, Randel Steven Springer
William & Mary Law Review
No abstract provided.
Religious Accommodation And Criminal Liability, Christine A. Clark
Religious Accommodation And Criminal Liability, Christine A. Clark
Florida State University Law Review
Florida's religious accommodation statute leads some parents to believe that they are free to rely on spiritual healing in lieu of medical treatment for their ill children. However, the statute fails to protect these parents in a criminal prosecution arising from their children's deaths. The author of this Article describes the various types of accommodation statutes, analyzes a recent prosecution, and concludes that such prosecutions are unconstitutional. The author also proposes revisions to Florida's law designed to eliminate ambiguities about what protections it provides.
Texas V. Johnson, 109 S. Ct. 2533 (1989), Deborah Tully Eversole
Texas V. Johnson, 109 S. Ct. 2533 (1989), Deborah Tully Eversole
Florida State University Law Review
Constitutional Law-A VOYAGE THROUGH MURKY WATERS: ASSESSING FLAG MISUSE PROHIBITIONS IN THE WAKE OF Texas v. Johnson, 102 S. Ct. 2533 (1989)
Rico Threatens Civil Liberties, Antonio J. Califa
Rico Threatens Civil Liberties, Antonio J. Califa
Vanderbilt Law Review
The history of conspiracy, according to Justice Robert Jackson, exemplifies the "'tendency of a principle to expand itself to the limit of its logic.' "" This same phenomenon is present today in the Racketeer Influenced and Corrupt Organizations Act of 1970 (RICO). RICO has moved beyond logic and intent into areas far removed from racketeering. Originally intended to combat organized crime, RICO is used increasingly in ideological disputes. For example, it has been used against abortion clinic protesters and anti-pornography groups.
This Article argues that using RICO in ideological disputes is inappropriate and harmful because it results in the chilling …
Efficiency And Image: Advertising As An Antitrust Issue, Elizabeth B. Mensch, Alan David Freeman
Efficiency And Image: Advertising As An Antitrust Issue, Elizabeth B. Mensch, Alan David Freeman
Journal Articles
No abstract provided.
A Prior Restraint By Any Other Name: The Judicial Response To Media Challenges Of Gag Orders Directed At Trial Participants, René L. Todd
A Prior Restraint By Any Other Name: The Judicial Response To Media Challenges Of Gag Orders Directed At Trial Participants, René L. Todd
Michigan Law Review
Gag orders directed at trial participants do not directly intrude into the media's editorial process, but instead result in a reduction of the total communication available regarding trial proceedings. In this way, participant-directed gag orders are effective, albeit indirect, restraints upon the media. This Note examines the dynamics of these participant-directed restrictions and their consequent effect upon the media. Part I examines participant-directed gag orders in relation to traditional prior restraint doctrine. After discussing the history of prior restraint doctrine and the present standard of prior restraint analysis, Part I relates efforts by courts to apply. prior restraint doctrine to …
Flag Burning Yes, Loud Music No: What's The Catch?, Alicia Otazo Sorondo
Flag Burning Yes, Loud Music No: What's The Catch?, Alicia Otazo Sorondo
University of Miami Law Review
No abstract provided.
This Gun For Hire: Dancing In The Dark Of The First Amendment, Michael I. Meyerson
This Gun For Hire: Dancing In The Dark Of The First Amendment, Michael I. Meyerson
All Faculty Scholarship
Classified advertisements in newspapers and magazines represent a uniquely democratic access to the media for the individual. Without having to pay the thousands of dollars for full-page advertisements, buyers and sellers can purchase space for their offers for only a few dollars, yet have them seen by city-wide or nation-wide audiences. Democracy, though, breeds its own excesses, and the legal question is always how to control that excess without harming the freedom.
As befits a medium open to all, classified advertisements run the gamut of human activity, from the sale of a used automobile to employment to lonely singles looking …
Impending Legal Issues For Integrated Broadband Networks, Michael I. Meyerson
Impending Legal Issues For Integrated Broadband Networks, Michael I. Meyerson
All Faculty Scholarship
Given human nature, computer networks are prone to many of the same legal problems that have affected earlier forms of communication. The insatiable human appetite for mischief, information, pornography, and anti-competitive activity guarantees that the many legal conflicts that afflict computers, telephones, cable television, and broadcasting will be visited upon IBNs. This article focuses on several of these legal problems. By examining the history of controversies involving the electronic media and breaches of security, protection of privacy, regulation of sexual material and refusals to deal, this article attempts to outline some ways to think about applying the lessons from the …
The Prosecution Of Religious Fraud, Stephen Senn
The Prosecution Of Religious Fraud, Stephen Senn
Florida State University Law Review
The first amendment to the United States Constitution protects the religious freedom of individuals through its establishment and free exercise clauses. Should the government's hands-off policy under the free exercise clause provide a protective blanket for fraudulent moneymaking schemes carried out in the name of religion? The author of this Article argues that the protection of religious freedom can comfortably coexist with protection from religious fraud where courts employ a "sincerity test." He concludes that with appropriate procedural safeguards, courts can use this test to distinguish sincere religious exercise from criminally fraudulent enterprise.
Costello V. Capital Cities Communication, Inc.: Ignoring The First Amendment Privilege, Thomas J. Pauloski
Costello V. Capital Cities Communication, Inc.: Ignoring The First Amendment Privilege, Thomas J. Pauloski
Loyola University Chicago Law Journal
No abstract provided.
The Supreme Court And The First Amendment: The 1989-90 Term, Elliot M. Mincberg
The Supreme Court And The First Amendment: The 1989-90 Term, Elliot M. Mincberg
NYLS Journal of Human Rights
No abstract provided.
Religious Free Speech Rights Of Students In Public Schools: The Educator's Dilemma, Rosalie Levinson
Religious Free Speech Rights Of Students In Public Schools: The Educator's Dilemma, Rosalie Levinson
Law Faculty Publications
No abstract provided.
The Case Against A Right To Religion-Based Exemptions, Ellis M. West
The Case Against A Right To Religion-Based Exemptions, Ellis M. West
Political Science Faculty Publications
When, if ever, does the free exercise clause of the first amendment give an individual or organization the right to disobey with impunity a valid law of the state? This question is being discussed with increasing frequency and intensity because of the growing number of persons and groups who are going to the courts and claiming such a right on the grounds that the application of certain laws to them would burden their free exercise of religion. Almost all the individuals and some of the groups who claim such a right do so because the laws to which they object …
The Equal Access Controversy: A Battle For Freedom Of Religious Speech In Public Secondary Schools, Michael D. Rouse
The Equal Access Controversy: A Battle For Freedom Of Religious Speech In Public Secondary Schools, Michael D. Rouse
Florida State University Law Review
No abstract provided.