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Articles 1 - 16 of 16
Full-Text Articles in Law
States Have Long Tried To Ban Ideas From The Classroom: The Current Road Brings A Fresh Evil, Leonard Niehoff
States Have Long Tried To Ban Ideas From The Classroom: The Current Road Brings A Fresh Evil, Leonard Niehoff
Other Publications
Efforts by state and local officials to ban ideas and books from public school classrooms are nothing new. Recent attempts to do so, however, have a uniquely pernicious characteristic. The current wave of bans doesn’t just seek to censor thoughts or words; it seeks to censor identity.
Private Censorship, Disinformation And The First Amendment: Rethinking Online Platforms Regulation In The Era Of A Global Pandemic, Tzu- Chiang Huang
Private Censorship, Disinformation And The First Amendment: Rethinking Online Platforms Regulation In The Era Of A Global Pandemic, Tzu- Chiang Huang
Michigan Technology Law Review
The proliferation of online disinformation and the rise of private censorship are paradigmatic examples of the challenges to traditional First Amendment jurisprudence in an algorithmic society. The limitations of traditional First Amendment jurisprudence are amplified by the impact of the COVID-19 pandemic in two ways. On the one hand, in the wake of the pandemic, we have entered an “infodemic” era where the volume of disinformation, as well as the harm it causes have reached unprecedented levels. For example, health disinformation has contributed to vaccine hesitancy. On the other hand, even though the proliferation of online disinformation seems to suggest …
In Search Of (Maintaining) The Truth: The Use Of Copyright Law By Religious Organizations, David A. Simon
In Search Of (Maintaining) The Truth: The Use Of Copyright Law By Religious Organizations, David A. Simon
Michigan Telecommunications & Technology Law Review
The goal of this Article is to do what others have not: determine whether religious organizations should use copyright law to advance their goals of censorship and doctrinal purity. Answering this question entails a two-step analysis. First, the religious motivations must be compared with the underlying theories of, or justifications for, copyright law. Whether those principles align or conflict with religious motivations will inform our normative answer. Regardless of the answer to the aforementioned inquiry, the second step analyzes whether substantive copyright law doctrine facilitates or impedes the achievement of the ends advanced by these religious motivations. As a result …
The Life Of The Mind And A Life Of Meaning: Reflections On Fahrenheit 451, Rodney A. Smolla
The Life Of The Mind And A Life Of Meaning: Reflections On Fahrenheit 451, Rodney A. Smolla
Michigan Law Review
Fahrenheit 451 still speaks to us, vibrantly and passionately, still haunts and vexes and disturbs. The novel has sold millions of copies, was reset for a fiftieth anniversary printing, and continues to be assigned reading in middle school, high school, and college courses. That power to endure is well worth contemplation, both for what it says about Ray Bradbury's literary imagination, and, more powerfully, for what it teaches us about our recent past, our present, and our own imagined future. First Amendment jurisprudence has taken giant leaps since Fahrenheit 451 was written, and American society has managed to avoid the …
Sailing Toward Safe Harbor Hours: The Constitutionality Of Regulating Television Violence, Eric C. Chaffee
Sailing Toward Safe Harbor Hours: The Constitutionality Of Regulating Television Violence, Eric C. Chaffee
University of Michigan Journal of Law Reform
Because of the recent focus on television violence, it is more a question of "when," rather than "if," Congress will take action on this issue. "Safe harbor" regulation, or restricting violent programming to certain hours of the day, is one form of regulation that is recurrently suggested as a means for dealing with the potential ills created by television violence. The possibility of such regulation implicates numerous constitutional issues. This Article addresses whether "safe harbor" regulation of television violence is feasible without violating the First Amendment and other provisions of the Constitution.
Regulating Speech Across Borders: Technology Vs. Values, Matthew Fagin
Regulating Speech Across Borders: Technology Vs. Values, Matthew Fagin
Michigan Telecommunications & Technology Law Review
The disfavored status within international law of unilateral state-based regulations that target extraterritorial actors arises from the inherent challenges such actions represent to state sovereignty. In the context of the Internet, the complexity of choice-of-law analysis is heightened: regulations imposed by one state have the potential to effectively block communications to citizens of all states and undermine the conflicting regulatory aims of neighboring states. Early legal commentators built upon this cascading chilling effect of state-based regulation to proclaim both the futility and illegitimacy of state-based action in the online environment. Subsequent scholars have demonstrated the commensurability of state-based online regulation …
Girls Lean Back Everywhere: The Law Of Obscenity And The Assault On Genius, Anne E. Gilson
Girls Lean Back Everywhere: The Law Of Obscenity And The Assault On Genius, Anne E. Gilson
Michigan Law Review
A Review of Girls Lean Back Everywhere: The Law of Obscenity and the Assault on Genius by Edward de Grazia
Free Speech For Me—But Not For Thee: How The American Left And Right Relentlessly Censor Each Other, Bradley L. Smith
Free Speech For Me—But Not For Thee: How The American Left And Right Relentlessly Censor Each Other, Bradley L. Smith
Michigan Law Review
A Review of Free Speech for Me—But Not for Thee: How the American Left and Right Relentlessly Censor Each Other by Nat Hentoff
The Apologetics Of Suppression: The Regulation Of Pornography As Act And Idea, Steven G. Gey
The Apologetics Of Suppression: The Regulation Of Pornography As Act And Idea, Steven G. Gey
Michigan Law Review
The first three parts of this article discuss in detail the relationship between the Supreme Court's obscenity rulings and the academic theories that have been offered to bolster the conclusions reached by the Court in this area. Part IV of the article considers a contrary theory of free expression that requires constitutional protection for the dissemination and possession of pornography. In this section I argue that the present efforts to ban pornography are directly linked to a tolerance model of free expression. The tolerance model, which is usually contrasted with an analytical approach characterized by Holmesian skepticism, necessarily relies upon …
Brief Amici Curiae Of Feminist Anti-Censorship Taskforce, Et Al., In American Booksellers Association V. Hudnut, Nan D. Hunter, Sylvia A. Law
Brief Amici Curiae Of Feminist Anti-Censorship Taskforce, Et Al., In American Booksellers Association V. Hudnut, Nan D. Hunter, Sylvia A. Law
University of Michigan Journal of Law Reform
The document that follows represents both a legal brief and a political statement. It was written for two purposes: to mobilize, in a highly visible way, a broad spectrum of feminist opposition to the enactment of laws expanding state suppression of sexually explicit material; and to place before the Court of Appeals for the Seventh Circuit a cogent legal argument for the constitutional invalidity of an Indianapolis municipal ordinance that would have permitted private civil suits to ban such material, purportedly to protect women. Drafting this brief was one of the most demanding and exhilarating assignments either author has yet …
Carmen: Movies, Censorship And The Law, Abner J. Mikva
Carmen: Movies, Censorship And The Law, Abner J. Mikva
Michigan Law Review
A Review of Movies, Censorship and the Law by Ira H. Carmen
Ftc May Determine Whether Advertisements Containing Therapeutic Claims In Promotion Of Health Books Are Deceptive- Rodale Press, Inc., Michigan Law Review
Ftc May Determine Whether Advertisements Containing Therapeutic Claims In Promotion Of Health Books Are Deceptive- Rodale Press, Inc., Michigan Law Review
Michigan Law Review
Rodale Press advertised that the ideas and suggestions in its publication, The Health Finder, would increase life span, prevent various diseases, and permit savings on medical and dental expenses. The Federal Trade Commission challenged the advertising claims, which were substantially restatements of claims made in the book, on the ground that adherence to the book's suggestions would not effect the promised results. The hearing examiner denied Rodale's motion to dismiss the complaint. On request for permission to file an interlocutory appeal from the dismissal, held, request denied, one commissioner dissenting. The Commission may challenge the collateral claims in …
St. John-Stevas: Obscenity And The Law, William B. Lockhart
St. John-Stevas: Obscenity And The Law, William B. Lockhart
Michigan Law Review
A Review of Obscenity and the Law . By Norman St. John-Stevas
Constitutional Law - Censorship Of Obscence Literature, Donald M. Wilkinson, Jr. S.Ed.
Constitutional Law - Censorship Of Obscence Literature, Donald M. Wilkinson, Jr. S.Ed.
Michigan Law Review
The right to a free expression of ideas, without interference from governmental authorities, is inherent in the very nature of a democracy. On the other hand, it is also clear that the greater interests of the state at large will conflict with certain forms of expression, and in such circumstances obviously the former must prevail. It is the purpose of this comment to discuss the constitutional limitations on the governmental suppression of literature on grounds of obscenity.
Contempt - Suppression Order - Publication Of Contents Of Suppressed File, Milton M. Howard
Contempt - Suppression Order - Publication Of Contents Of Suppressed File, Milton M. Howard
Michigan Law Review
On a bill of complaint being filed in chancery court an injunction was issued against the defendant therein, and the papers in the cause were ordered suppressed by the chancellor, and to that end, sealed in an envelope. The bill alleged misrepresentation on the part of a leading banker in getting stockholders to contribute toward making up the defalcations of other officers in the bank and malfeasance of other officers. Defendant newspaper reporter obtained information relative to the allegations in the bill from sources other than the suppressed file and published the same nine months later. Upon citation for contempt, …
Freedom Of Speech And Of The Press In War Time The Espionage Act, Thomas F. Carroll
Freedom Of Speech And Of The Press In War Time The Espionage Act, Thomas F. Carroll
Michigan Law Review
The Imperial German Government had never made a secret of its willingness to encourage disloyalty among the citizens and subjects of Germany's enemies. It had officially announced: "Bribery of enemies' subjects, acceptance of offers of treachery, utilization of discontented elements in the population, support of pretenders and the like are permissible; indeed, international law is in no way opposed to the exploitation of the crimes of third parties."'