Law Commons^™

Antitrust And First Amendment Implications Of Professional Real Estate Investors, Gary Myers

Faculty Publications

This article begins with a discussion of the development of Noerr-Pennington immunity as it applies to litigation behavior. Parts III and IV describe the litigation in Professional Real Estate Investors and then analyze the effect of this new decision on predatory litigation law. Part V discusses possible ramifications of the case for other areas of federal and state law in which subjective intent is the sole keystone for the imposition of liability on petitioning activity. Because Professional Real Estate Investors interprets the First Amendment to preclude antitrust liability in these cases, other laws that deter bad faith litigation may no …

Fight Muhammad's 'Secret' With Facts, Kenneth Lasson

All Faculty Scholarship

No abstract provided.

The First Amendment And Homosexual Expression: The Need For An Expanded Interpretation, Brent H. Allen

Vanderbilt Law Review

"Homosexuality is today essentially a form of political, social, and moral dissent on par with the best American traditions of dissent and even subversive advocacy.... Those that support criminalization find today in homosexuality what they found before in the family planning of Sanger, the atheism of Darwin, the socialism of Debs, or the Marxist advocacy of the American Communist Party."

Ostensibly, the First Amendment guarantees all people freedom of expression of every belief. The free exchange of ideas forms the basis of a democratic government. Only citizens with unhindered access to the famed "marketplace of ideas" can participate meaningfully in …

The First Amendment And Fcc Rule Making Under The 1992 Cable Act, Michael I. Meyerson

All Faculty Scholarship

This Article explores the First Amendment implications of the Federal Communication Commission's (FCC) regulations issued under the Cable Television Consumer Protection and Competition Act of 19921 (1992 Cable Act). The 1992 Cable Act imposes numerous requirements that are beyond the scope of this Article. This Article analyzes only the FCC's exercise of rule making discretion under the 1992 Cable Act.

Additionally, it must be remembered that an under-staffed FCC was given an enormous amount of work to do within fixed time limits. Therefore, it must be expected that the rulemaking would be vulnerable to second-guessing. Nonetheless, whenever a governmental entity …

Machiavellian Jurisprudence: The United States Supreme Court's Doctrinal Approach To Political Speech Under The First Amendment, Garth Molander

Touro Law Review

No abstract provided.

Freedom Of Speech & Press: Prozeralik V. Capital Cities Communications, Inc.

Touro Law Review

No abstract provided.

Freedom Of Speech & Press: Gross V. New York Times, Co.

Touro Law Review

No abstract provided.

Back From The Brink: Part Ii, Joel M. Gora

Touro Law Review

No abstract provided.

University Hate Speech Codes: A Necessary Method In The Process Of Eradicating The Universal Wrong Of Racism, Nooshin Namazi, James H. Cahill

Touro Law Review

No abstract provided.

Freedom Of Speech & Press: Polish American Immigration Relief Committee, Inc. V. Relax

Touro Law Review

No abstract provided.