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Articles 1 - 30 of 46
Full-Text Articles in Law
State Compelled Spiritual Revelation: The First Amendment And Alcoholics Anonymous As A Condition Of Drunk Driving Probation, Christopher K. Smith
State Compelled Spiritual Revelation: The First Amendment And Alcoholics Anonymous As A Condition Of Drunk Driving Probation, Christopher K. Smith
William & Mary Bill of Rights Journal
No abstract provided.
Film At Eleven - Does The Press Have The Right To Attend And Videotape Executions, Neil E. Nussbaum
Film At Eleven - Does The Press Have The Right To Attend And Videotape Executions, Neil E. Nussbaum
North Carolina Central Law Review
No abstract provided.
Between The Devil And The Deep Blue Sea: Crime Victims' Dilemma After Simon & Schuster, Inc. V. Members Of The New York Crime Victims Board, 112 S. Ct. 501 (1991), Michele C. Meske
Between The Devil And The Deep Blue Sea: Crime Victims' Dilemma After Simon & Schuster, Inc. V. Members Of The New York Crime Victims Board, 112 S. Ct. 501 (1991), Michele C. Meske
Washington Law Review
In Simon & Schuster, Inc. v. Members of the New York Crime Victims Board, the Supreme Court held that a statute, New York's "Son of Sam" law, that allowed crime victims to reach the proceeds of their victimizers' media reenactments of the criminals' wrongful acts violated the First Amendment. By invalidating the statute, the Supreme Court eliminated the only presently available means to prevent criminals from profiting from their crimes and exploiting their victims. This Comment examines the origins of this problem and proposes that courts use restitutions common law doctrines to prevent criminals who sell their stories from profiting …
Regulating Cable Television Rates: A Phantom First Amendment Problem, Matthew Jolly
Regulating Cable Television Rates: A Phantom First Amendment Problem, Matthew Jolly
Washington Law Review
Public concern over cable television's status as a monopoly has generated a movement to allow local franchising authorities to regulate cable service rates. Because the courts have yet to hear a First Amendment challenge to imposing rate regulation on a member of the media, the constitutionality of cable rate regulation is not settled. This Comment argues that the restriction on speech resulting from rate regulation is outweighed by the substantial government interest in preventing unfair monopoly pricing practices.
Modern Technology And The Conflict Between Copyright And Free Speech: The Application Of Copyright Law To Television Newscasts, James A. Wells
Modern Technology And The Conflict Between Copyright And Free Speech: The Application Of Copyright Law To Television Newscasts, James A. Wells
West Virginia Law Review
No abstract provided.
The Rise And Fall Of The Religion Clauses, Frederick Mark Gedicks
The Rise And Fall Of The Religion Clauses, Frederick Mark Gedicks
Brigham Young University Journal of Public Law
No abstract provided.
Constitutional Law—Freedom Of Speech—Crime May Pay: New York's Son Of Sam Law Found Unconstitutional. Simon & Schuster, Inc. V. New York State Crime Victims Bd., 112 S. Ct. 501 (1991)., William E. Lawrence
Constitutional Law—Freedom Of Speech—Crime May Pay: New York's Son Of Sam Law Found Unconstitutional. Simon & Schuster, Inc. V. New York State Crime Victims Bd., 112 S. Ct. 501 (1991)., William E. Lawrence
University of Arkansas at Little Rock Law Review
No abstract provided.
Modern Media And The First Amendment: Rediscovering Freedom Of The Press, Donald E. Lively
Modern Media And The First Amendment: Rediscovering Freedom Of The Press, Donald E. Lively
Washington Law Review
Freedom of the press, like other constitutional guarantees is not an absolute. Nor does it have the same meaning for all media. For more than a century after the constitution was framed and ratified, the press was coextensive with publishing. Over the course of the twentieth century, electronic media have emerged and extended the contours of the press. At the same time, however, liberty of the press has developed in idiosyncratic terms that have fostered a First Amendment hierarchy. While print media continue to be afforded maximum constitutional security, newer communications methodologies have been more susceptible to official management and …
Essay: The First Amendment Right Of Access To Clients And Counsel: Hrc V. Baker, Siobhan Helene Shea, Richard Daniel Tannenbaum
Essay: The First Amendment Right Of Access To Clients And Counsel: Hrc V. Baker, Siobhan Helene Shea, Richard Daniel Tannenbaum
University of Miami Inter-American Law Review
No abstract provided.
The Integration Of Religious Liberty, John Witte Jr.
The Integration Of Religious Liberty, John Witte Jr.
Michigan Law Review
A Review of A Nation Dedicated to Religious Liberty: The constitutional Heritage of the Religion Clauses by Arlin M. Adams and Charles J. Emmerich
Liberal Visions Of The Freedom Of The Press, Michael Gerhardt
Liberal Visions Of The Freedom Of The Press, Michael Gerhardt
Vanderbilt Law Review
Liberals have long regarded the First Amendment's freedom of the press guarantee as their special plaything.' For most of this century, liberals have dominated the scholarship and the doctrinal debate on the freedom of the press. They have often urged the federal courts to establish the press as "a fourth institution outside the Government as an additional check on the three official branches." Liberal judges have ensured virtual autonomy for the print media through the cumulative effect of their rulings to immunize the press from damages for the publication of falsehoods about public figures unless the publication was done knowingly, …
Transforming Free Speech: The Ambiguous Legacy Of Civil Libertarianism, Gregory P. Magarian
Transforming Free Speech: The Ambiguous Legacy Of Civil Libertarianism, Gregory P. Magarian
Michigan Law Review
A Review of Transforming Free Speech: The Ambiguous Legacy of Civil Libertarianism by Mark A. Graber
Imagining A Free Press, Geoffrey R. Stone
Imagining A Free Press, Geoffrey R. Stone
Michigan Law Review
A Review of Images of a Free Press by Lee C. Bollinger
No Harm, No Foul: Pornography (Violent And Otherwise), Victoria Mikesell Mather
No Harm, No Foul: Pornography (Violent And Otherwise), Victoria Mikesell Mather
University of Arkansas at Little Rock Law Review
No abstract provided.
No Harm, No Foul: Pornography (Violent And Otherwise), Victoria Mikesell Mather
No Harm, No Foul: Pornography (Violent And Otherwise), Victoria Mikesell Mather
University of Arkansas at Little Rock Law Review
No abstract provided.
Confidentially Speaking: Protecting The Press From Liability For Broken Confidentiality Promises—Cohen V. Cowles Media Co., 111 S. Ct. 2513 (1991), Jeffrey A. Richards
Confidentially Speaking: Protecting The Press From Liability For Broken Confidentiality Promises—Cohen V. Cowles Media Co., 111 S. Ct. 2513 (1991), Jeffrey A. Richards
Washington Law Review
In Cohen v. Cowles Media Co., the Supreme Court held that the First Amendment does not bar suits against newspapers for breaches of confidentiality promises. By following its cases holding that the press is subject to neutral laws, the Court ignored its precedent mandating that state laws inhibiting publication violate the First Amendment absent a compelling state interest. This Note explores both lines of cases and concludes that application of a state law that inhibits publication is unconstitutional if its utility in effecting a legitimate state interest is outweighed by the public's interest in receiving the information. Therefore, courts should …
The War On Poverty: A Civilian Perspective, Edgar S. Cahn, Jean C. Cahn
The War On Poverty: A Civilian Perspective, Edgar S. Cahn, Jean C. Cahn
University of the District of Columbia Law Review
This article does two things: it articulates a vision and it lays out a specific blueprint. The core of the vision regards legal representation as "a form of enfranchisement, as an attempt to institutionalize the functions of dissent and criticism, and as a means of revitalizing the democratic process." This explains why the article triggered a movement that was perceived as going beyond the orthodox delivery of legal aid. While others legislate or purport to breath life into the democratic process, lawyers, in their unique role as advocates, discharge a constitutionally protected role. And in light of the retaliation to …
Brown V. Palmer: Public Forum Analysis And The Military, David M. Jones
Brown V. Palmer: Public Forum Analysis And The Military, David M. Jones
Brigham Young University Journal of Public Law
No abstract provided.
Information As Speech, Information As Goods: Some Thoughts In Marketplaces And The Bill Of Rights, Diane Lennheer Zimmerman
Information As Speech, Information As Goods: Some Thoughts In Marketplaces And The Bill Of Rights, Diane Lennheer Zimmerman
William & Mary Law Review
No abstract provided.
The First Amendment As Ideology, Frederick Shauer
The First Amendment As Ideology, Frederick Shauer
William & Mary Law Review
No abstract provided.
Does The First Amendment Protect More Than Free Speech?, Stephen L. Carter
Does The First Amendment Protect More Than Free Speech?, Stephen L. Carter
William & Mary Law Review
No abstract provided.
Solicitation On Postal Premises: United States V. Kokinda, Jay R. Larsen
Solicitation On Postal Premises: United States V. Kokinda, Jay R. Larsen
Brigham Young University Journal of Public Law
No abstract provided.
Six Conservatives In Search Of The First Amendment: The Revealing Case Of Nude Dancing, Vincent Blasi
Six Conservatives In Search Of The First Amendment: The Revealing Case Of Nude Dancing, Vincent Blasi
William & Mary Law Review
No abstract provided.
The American Urge To Censor: Freedom Of Expression Versus The Desire To Sanitize Society - From Anthony Comstock To 2 Live Crew, Margaret A. Blanchard
The American Urge To Censor: Freedom Of Expression Versus The Desire To Sanitize Society - From Anthony Comstock To 2 Live Crew, Margaret A. Blanchard
William & Mary Law Review
No abstract provided.
Obscenity In The Age Of Direct Broadcast Satellite: A Final Burial For Stanley V. Georgia(?), A National Obscenity Standard, And Other Miscellany, John V. Edwards
Obscenity In The Age Of Direct Broadcast Satellite: A Final Burial For Stanley V. Georgia(?), A National Obscenity Standard, And Other Miscellany, John V. Edwards
William & Mary Law Review
No abstract provided.
Computer Networks, Libel And The First Amendment, 11 Computer L.J. 555 (1992), Terri A. Cutrera
Computer Networks, Libel And The First Amendment, 11 Computer L.J. 555 (1992), Terri A. Cutrera
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Freedom Of Speech And The Press
Barnes V. Glen Theatre, 111 S. Ct. 2456 (1991), George M. Cabaniss, Jr.
Barnes V. Glen Theatre, 111 S. Ct. 2456 (1991), George M. Cabaniss, Jr.
Florida State University Law Review
Constitutional Law-THE FIRST AMENDMENT, NUDE DANCING, AND JUDICIAL ACTIVISM
The Sociology Of The Hate Speech Debate, Frederick Schauer
The Sociology Of The Hate Speech Debate, Frederick Schauer
Villanova Law Review
No abstract provided.
The Plight Of The Agunah: A Study In Halacha, Contract, And The First Amendment, Irving Breitowitz
The Plight Of The Agunah: A Study In Halacha, Contract, And The First Amendment, Irving Breitowitz
Maryland Law Review
No abstract provided.