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- First Amendment (14)
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- University of Arkansas at Little Rock Law Review (15)
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- Publication Type
Articles 31 - 60 of 119
Full-Text Articles in Law
Limiting Tort Liability For Online Third-Party Content Under Section 230 Of The Communications Act, Jonathan A. Friedman, Francis M. Buono
Limiting Tort Liability For Online Third-Party Content Under Section 230 Of The Communications Act, Jonathan A. Friedman, Francis M. Buono
Federal Communications Law Journal
Section 230 of the Communications Act provides online service providers (OSPs) with immunity from liability for harms arising from third-party content that is made available through an OSP's services. Some courts have recently held that section 230 immunity covers not only defamation but any tort claim that would make an OSP liable for information originating from the OSP's users or commercial partners. This Article argues that section 230 has been properly interpreted by the courts and that, contrary to the claims of critics, those decisions have not created a disincentive for OSPs aggressively to monitor their sites for defamatory or …
Editorial Rights Of Public Broadcasting Stations Vs. Access For Minor Political Candidates To Television Debates, Kyu Ho Youm
Editorial Rights Of Public Broadcasting Stations Vs. Access For Minor Political Candidates To Television Debates, Kyu Ho Youm
Federal Communications Law Journal
In Arkansas Education Television Commission v. Forbes, the Supreme Court of the United States held that a state-owned public station did not violate the First Amendment in excluding a third-party candidate from a political debate organized and broadcast by the television station because the debate was a nonpublic forum. In this Article, Professor Youm examines the constitutional and statutory framework on the access for political candidates to TV debates, the judicial interpretations of the political candidates' claim for access to public television debates, and the Supreme Court's balancing in Forbes of the conflicts between the candidates' access rights and the …
Computer Code Vs. Legal Code: Setting The Rules In Cyberspace, Mark S. Nadel
Computer Code Vs. Legal Code: Setting The Rules In Cyberspace, Mark S. Nadel
Federal Communications Law Journal
Book Review: Code and Other Laws of Cyberspace, by Lawrence Lessig, Basic Books, 1999, 230 pages.
The Fda Knows Best . . Or Does It? First Amendment Protection Of Health Claims On Dietary Supplements: Pearson V. Shalala, Amber K. Spencer
The Fda Knows Best . . Or Does It? First Amendment Protection Of Health Claims On Dietary Supplements: Pearson V. Shalala, Amber K. Spencer
Brigham Young University Journal of Public Law
No abstract provided.
Counterspeech 2000: A New Look At The Old Remedy For "Bad" Speech, Robert D. Richards, Clay Calvert
Counterspeech 2000: A New Look At The Old Remedy For "Bad" Speech, Robert D. Richards, Clay Calvert
BYU Law Review
No abstract provided.
Bernstein V. United States Depament Of Justice: A Cryptic Interpretation Of Speech, Seth Hanson
Bernstein V. United States Depament Of Justice: A Cryptic Interpretation Of Speech, Seth Hanson
BYU Law Review
No abstract provided.
Mistaken Identity: Unveiling The Property Characteristics Of Political Money, Spencer A. Overton
Mistaken Identity: Unveiling The Property Characteristics Of Political Money, Spencer A. Overton
Vanderbilt Law Review
This Article argues that money contributed to and spent on political campaigns ('political money") possesses many of the traits that explain judicial respect for regulation of property, and that courts reviewing restrictions on political money should consider doctrines associated with the Fifth and Fourteenth Amendment Property Clauses. As evidenced by the different degrees of respect afforded to regulations of property and speech, judicial treatment of a particular liberty interest can be explained by the presence and particular posturing of distinct functional issues such as distrust, scarcity, distribution, and interference with others' interests. Campaign finance jurisprudence, however, has categorized political money …
Greater New Orleans Broadcasting Ass'n V. United States: A Retreat From Full First Amendment Protection For Commercial Speech, Frances Clay
Greater New Orleans Broadcasting Ass'n V. United States: A Retreat From Full First Amendment Protection For Commercial Speech, Frances Clay
Mercer Law Review
In Greater New Orleans Broadcasting Ass'n v. United States, the United States Supreme Court considered whether 18 U.S.C. § 1304 which prohibits the broadcast of gambling advertisements, violated First Amendment protection of commercial speech—speech related only to the speaker's and the audience's economic interests—when applied to broadcast advertisements within states that have legalized casino gambling. Many critics expected, and perhaps hoped, the Supreme Court would seize this opportunity to discard, or at least drastically modify, the Central Hudson balancing test that the Court has used in commercial speech cases for almost twenty years. The Court refused to do so, …
Recalibrating The Cost Of Harm Advocacy: Getting Beyond Brandenburg, S. Elizabeth Wilborn Malloy, Ronald J. Krotoszynski Jr.
Recalibrating The Cost Of Harm Advocacy: Getting Beyond Brandenburg, S. Elizabeth Wilborn Malloy, Ronald J. Krotoszynski Jr.
William & Mary Law Review
No abstract provided.
Student Division Symposium Sponsored By The Institute Of The Bill Of Rights Law: Policing Obscenity And Pornography In An Online World, Ann Beeson, Deirdre Mulligan, Bruce Taylor, Bruce Watson, Jonathan Zittrain
Student Division Symposium Sponsored By The Institute Of The Bill Of Rights Law: Policing Obscenity And Pornography In An Online World, Ann Beeson, Deirdre Mulligan, Bruce Taylor, Bruce Watson, Jonathan Zittrain
William & Mary Bill of Rights Journal
No abstract provided.
Of Moons, Thongs, Holdings And Dicta: State V. Fly And The Rule Of Law, Thomas L. Fowler
Of Moons, Thongs, Holdings And Dicta: State V. Fly And The Rule Of Law, Thomas L. Fowler
Campbell Law Review
Section I of this Article reviews the facts of State v. Fly, North Carolina's law of indecent exposure prior to Fly and the Court of Appeals' decision. Section II analyzes the Supreme Court's opinion in Fly and the various rationales offered by the Court to justify its decision. Section III considers the plight of the trial judges in applying the principles, statements, and analysis announced in State v. Fly. Although trial judges must apply the rule of law, and therefore must abide by the "holding" in State v. Fly, this Article argues that trial judges have the same authority as …
Keeping The Sex In Sex Education: The First Amendment's Religion Clauses And The Sex Education Debate, Gary J. Simson, Erika A. Sussman
Keeping The Sex In Sex Education: The First Amendment's Religion Clauses And The Sex Education Debate, Gary J. Simson, Erika A. Sussman
Cornell Law Faculty Publications
No abstract provided.
Confederate License Plates At The Constitutional Crossroads: Vanity Plates, Special Registration Organization Plates, Bumper Stickers, Viewpoints, Vulgarity, And The First Amendment, Jack Achiezer Guggenheim, Jed M. Silversmith
Confederate License Plates At The Constitutional Crossroads: Vanity Plates, Special Registration Organization Plates, Bumper Stickers, Viewpoints, Vulgarity, And The First Amendment, Jack Achiezer Guggenheim, Jed M. Silversmith
University of Miami Law Review
No abstract provided.
Internet Speech And The First Amendment Rights Of Public School Students, Leora Harpaz
Internet Speech And The First Amendment Rights Of Public School Students, Leora Harpaz
Brigham Young University Education and Law Journal
No abstract provided.
Anything Goes: Examining The State's Interest In Protecting Children From Controversial Speech, Catherine J. Ross
Anything Goes: Examining The State's Interest In Protecting Children From Controversial Speech, Catherine J. Ross
Vanderbilt Law Review
Protecting children from contamination by speech has become the focus of national attention. The content of the protected speech that the state seeks to regulate is as varied as the form of communications targeted, including the allegedly indecent, sacrilegious, and violent in media ranging from books to the Internet. Echoing similar crusades to protect children from virtually every new form of entertainment over the last century, contemporary regulatory efforts to protect children reflect the unique legal status of children and the fragility of constitutional liberties where their vulnerabilities are invoked. But content-based restrictions on speech--even in the name of protecting …
Two Degrees Of Speech Protection: Free Speech Through The Prism Of Agricultural Disparagement Laws, Harold M. Wasserman
Two Degrees Of Speech Protection: Free Speech Through The Prism Of Agricultural Disparagement Laws, Harold M. Wasserman
William & Mary Bill of Rights Journal
In the wake of a 1989 national television broadcast reporting the alleged cancer risk of a chemical applied to apples on trees, many states passed agricultural product disparagement (APD) statutes. These statutes grant civil causes of action to the growers and sellers of perishable food products, against anyone who speaks negatively or disparagingly, without basis in scientific evidence, about the product's safety. In this Article, Howard M Wasserman explores the interplay between the APD statutes and the First Amendment. First, Mr. Wasserman discusses the three categories of restrictions on the freedom of speech, focusing primarily on private civil tort actions …
Silencing John Doe: Defamation & Discourse In Cyberspace, Lyrissa Barnett Lidsky
Silencing John Doe: Defamation & Discourse In Cyberspace, Lyrissa Barnett Lidsky
UF Law Faculty Publications
John Doe has become a popular defamation defendant as corporations and their officers bring defamation suits for statements made about them in Internet discussion fora. These new suits are not even arguably about recovering money damages but instead are brought for symbolic reasons-some worthy, some not so worthy. If the only consequence of these suits were that Internet users were held accountable for their speech, the suits would be an unalloyed good. However, these suits threaten to suppress legitimate criticism along with intentional and reckless falsehoods, and existing First Amendment law doctrines are not responsive to the threat these suits …
The Link Between Student Activity Fees And Campaign Finance Regulations, Leslie Gielow Jacobs
The Link Between Student Activity Fees And Campaign Finance Regulations, Leslie Gielow Jacobs
McGeorge School of Law Scholarly Articles
No abstract provided.
Coercion, Pop-Psychology, And Judicial Moralizing: Some Proposals For Curbing Judicial Abuse Of Probation Conditions, Andrew Horwitz
Coercion, Pop-Psychology, And Judicial Moralizing: Some Proposals For Curbing Judicial Abuse Of Probation Conditions, Andrew Horwitz
Law Faculty Scholarship
No abstract provided.
Reporting On Child Pornography: A First Amendment Defense For Viewing Illegal Images?, Clay Calvert, Kelly Lyon
Reporting On Child Pornography: A First Amendment Defense For Viewing Illegal Images?, Clay Calvert, Kelly Lyon
Kentucky Law Journal
No abstract provided.
Another Attempt To Solve The Prior Restraint Mystery: Applying The Nebraska Press Standard To Media Disclosure Of Attorney-Client Communications, 18 Cardozo Arts & Ent. L.J. 307 (2000), Alberto Bernabe
UIC Law Open Access Faculty Scholarship
No abstract provided.
Should The Brandenburg V. Ohio Incitement Test Apply In Media Violence Cases?, Rodney A. Smolla
Should The Brandenburg V. Ohio Incitement Test Apply In Media Violence Cases?, Rodney A. Smolla
Scholarly Articles
None available.
Government Of The Good, Abner S. Greene
Government Of The Good, Abner S. Greene
Vanderbilt Law Review
Webster's definition of the noun "good" begins: "something that possesses desirable qualities, promotes success, welfare, or happiness, or is otherwise beneficial."' Whether government should promote the good, and in particular whether government should use its powers of persuasion-its "speech," if you will-to promote contested views of the good, is the subject of this Article. I will argue that, as a matter of political theory, government in a liberal democracy not only may pro- mote contested views of the good, but should do so, as well. Further, nothing in our constitutional jurisprudence demands otherwise, assuming certain conditions are met. In taking …
Religion And Education: Whither The Establishment Clause?, Martha Mccarthy
Religion And Education: Whither The Establishment Clause?, Martha Mccarthy
Indiana Law Journal
Symposium: Religious Liberty at the Dawn of a New Millennium held at Indiana University School of Law-Bloomington on April 9, 1999.
Jury Trials And First Amendment Values In Cyber World, John E. Nowak
Jury Trials And First Amendment Values In Cyber World, John E. Nowak
Faculty Publications & Other Works
No abstract provided.
The Empirical Shortcomings Of First Amendment Jurisprudence: An Historical Perspective On The Power Of Hate Speech, Alexander Tsesis
The Empirical Shortcomings Of First Amendment Jurisprudence: An Historical Perspective On The Power Of Hate Speech, Alexander Tsesis
Faculty Publications & Other Works
No abstract provided.
Reporting The Official Truth: The Revival Of The Fcc's News Distortion Policy, Lili Levi
Reporting The Official Truth: The Revival Of The Fcc's News Distortion Policy, Lili Levi
Articles
No abstract provided.
A Rough And Narrow Path: Preserving Native American Religious Liberty In The Smith Era, John Celichowski
A Rough And Narrow Path: Preserving Native American Religious Liberty In The Smith Era, John Celichowski
American Indian Law Review
No abstract provided.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
You Can't Always Get What You Want: Government's Good Intentions V. The First Amendment's Prescribed Freedoms In Protecting Children From Sexually-Explicit Material On The Internet, Abbigale E. Bricker
You Can't Always Get What You Want: Government's Good Intentions V. The First Amendment's Prescribed Freedoms In Protecting Children From Sexually-Explicit Material On The Internet, Abbigale E. Bricker
Richmond Journal of Law & Technology
Once a small and diverse community of a handful of government computers, the Internet has expanded to an estimated 157 million users worldwide. According to current studies, the fastest growing user populations on the Internet are thirteen to eighteen year-olds and five to twelve year-olds. In addition, the latest "research . . . predicts that the number of children online [will increase] by 155% between 1998 and 2002."