Law Commons^™

Richard Sheppard Arnold: A Distinguished Jurist, A Loyal Colleague And A Good Friend, Gerald W. Heaney

University of Arkansas at Little Rock Law Review

No abstract provided.

Freedom Of The Press: How University Newspapers Have Fared In The Face Of Challenges From Students, Administrators, Advertisers, And State Legislatures, Lisa Bohman

Brigham Young University Education and Law Journal

No abstract provided.

The Continuing Saga Of Internet Censorship: The Child Online Protection Act, Martha Mccarthy

Brigham Young University Education and Law Journal

No abstract provided.

From Carlin's Seven Dirty Words To Bono's One Dirty Word: A Look At The Fcc's Ever-Expanding Indecency Enforcement Role, Faith Sparr

First Amendment Law Review

No abstract provided.

Information Cascades And Mass Media Law, Steven Geoffrey Gieseller

First Amendment Law Review

No abstract provided.

Protecting The Marketplace Of Ideas: The First Amendment And Public School Teachers' Classroom Speech, Emily Holmes Davis

First Amendment Law Review

No abstract provided.

Enemy Combatant Status Hearings: Predicting The Right Of Access By The Press And Public, Jeffrey S. Koweek

First Amendment Law Review

No abstract provided.

Don't Fence Us In: A First Amendment Right To Freedom Of Assembly And Speech, Nicole C. Winnett

First Amendment Law Review

No abstract provided.

Juror Identities In High-Profile Trials: The Case For A First Amendment Right Of Access, Marcus M. Wilson Jr.

First Amendment Law Review

No abstract provided.

Getting Entangled In The Establishment Clause: Implications Of The Decision In Utah Gospel Mission V. Salt Lake City, Matthew A. Russell

First Amendment Law Review

No abstract provided.

Contents, First Amendment Law Review

First Amendment Law Review

No abstract provided.

Self-Government Before The Judiciary And A First Amendment Standard That Protects The Content Of Courtroom Argument, Liam Braber

First Amendment Law Review

No abstract provided.

Incarceration Of The Free Exercise Clause: The Sixth Circuit's Misstep In Cutter V. Wilkinson, James B. Mcmullin

Brigham Young University Journal of Public Law

No abstract provided.

Originalism, Ceremonial Deism And The Pledge Of Allegiance, Z. Ryan Pahnke

Nevada Law Journal

No abstract provided.

But Could They Pray At Uva? The Fourth Circuit's Application Of The Supreme Court's School Prayer Jurisprudence To The Virginia Military Institute's Adult Cadets, Alexander A. Minard

William & Mary Bill of Rights Journal

No abstract provided.

Private Attorneys General And The First Amendment, Trevor W. Morrison

Michigan Law Review

The "private attorney general" is under fire again. It has been in and out of favor in the six decades since it was named, in part because it has come to signify so many different things. At its core, however, the term denotes a plaintiff who sues to vindicate public interests not directly connected to any special stake of her own. The remedies sought in such actions tend to be correspondingly broad: rather than seeking redress for discrete injuries, private attorneys general typically request injunctive or other equitable relief aimed at altering the practices of large institutions. From school desegregation …

In Cases Involving Sites Of Religious Significance, Plaintiffs Will Fall In The Gap Of Judicial Deference That Exists Between The Religion Clauses Of The First Amendment, Jeff Pinter

American Indian Law Review

No abstract provided.

Dealing With Hate In The Feminist Classroom: Re-Thinking The Balance, Kathryn M. Stanchi

Michigan Journal of Gender & Law

The goals of this essay are two-fold. First, by describing the experience the author had in Law and Feminism, the essay will show how hateful and harassing speech in a seminar devoted to issues of gender, race and sexuality can rob students of important educational experiences. The story of the author’s class is meant to remind legal educators and administrators of the concrete harm, both personal and educational, of hate speech. Too often the hate speech debate focuses on the theoretical and the abstract; participants forget that the principles at stake have demonstrable consequences for real people. Second, while this …

First Amendment Implications For E-Mail Threats: Are There Any Free Speech Protections?, 23 J. Marshall J. Computer & Info. L. 845 (2005), Joshua Azriel

UIC John Marshall Journal of Information Technology & Privacy Law

In this article, Azriel explores how the First Amendment protects or does not provide protections to threatening e-mail communications. The article begins by examining seminal U.S. Supreme Court cases that dealt with threatening speech. The factors that provide the First Amendment protections are described, as well as the particular facts of each case and the Court’s findings. Azriel then looks at the Federal Threat Law and the factors that are enunciated in that legislation with regard to the protections afforded threatening communications, in addition to federal court cases that have interpreted the statute. The article then looks at several cases …

Playing Hide And Seek: How To Protect Virtual Pornographers And Actual Children On The Internet, Audrey Rogers

Villanova Law Review

No abstract provided.

Rules Of Or Substantive Law: Who Controls An Individual's Right To Choose A Lawyer In Today's Corporate Environment, 38 J. Marshall L. Rev. 1265 (2005), Joan Colson

UIC Law Review

No abstract provided.

The Needle And The Damage Done: The Pervasive Presence Of Obsolete Mass Media Audience Models In First Amendment Doctrine, Mehmet Konar-Steenberg

Vanderbilt Journal of Entertainment & Technology Law

Do audiences need the government's protection from mass media? Or are they capable of choosing media and protecting themselves? For decades, judicial opinion on this issue developed in the form of judicial notice, speculation, and assumption. Yet during that time, a rich social science discipline was emerging that could have helped to address these issues based on empirical research about mass media effects and audiences. Given the renewed importance of this issue, it is time to bridge the gap between the law of mass media content regulation and the social science research into mass media consumption.

To that end, this …

Holding Media Responsible For Deceptive Weight-Loss Advertising, Chester S. Galloway, Herbert Jack Rotfeld, Jef I. Richards

West Virginia Law Review

In Fall 2002, the Federal Trade Commission held a Workshop exploring the problem of misleading weight-loss promotional pitches. After the agency spent decades cleaning up deceptive advertising, the weight-loss industry continues to be replete with such tactics. In an attempt to more aggressively attack those deceptions, the FTC used the Workshop as a forum to suggest that media should play a more active role in screening ads for diet products and programs. Some saw this as an implied threat that the agency may begin holding media liable for publishing those ads. Media protest that this forces them into the de …

Scylla Or Charybdis: Navigating The Jurisprudence Of Visual Clutter, M. Ryan Calo

Michigan Law Review

This Note argues that passing close to Discovery Network is the safest route - municipalities can still drastically reduce visual clutter by regulating commercial speech alone without violating the First Amendment. Part I looks at the onsite/offsite distinction, a singularly popular method of sign regulation, and concludes that this distinction runs squarely afoul of Metromedia. Part II looks at the once-accepted alternative route - the commercial/noncommercial distinction - and argues that this distinction does not run afoul of Discovery Network. Rather, a close reading of Discovery Network permits the regulation of exclusively commercial billboards where, as typically, they …

The "Privilege Of Speech" In A "Pleasantly Authoritarian Country", Hans C. Clausen

Vanderbilt Journal of Transnational Law

Giving credence to Alexis de Tocqueville's argument that in democratic societies the love of equality is greater than the love of freedom is a recently emerging trend among Western nations to legally proscribe speech critical of homosexuality. Such laws, in various forms, now exist in a large and growing minority of countries in Europe and North America. The goal of these laws is much grander than preventing discrimination against homosexuals; rather, the objective is seemingly to promote the social acceptance of gay and lesbian lifestyles. These laws provide for civil remedies and in some instances even criminal sanctions for speech …

The Band From Hell: An Examinatioin Of Suicide On Stage As Expressive Conduct Under The First Amendment, Elizabeth Cameron

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

Buttletproof Speech: Are Political Books Beyond Litigation's Reach, Emily Kirstine Wacker

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

City Of Littleton V. Z.J. Gifts D-4, L.L.C.: Are We Losing The First Amendment, Or Just Adult Businesses, Karen Cynn

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

Unincorporated, Unprotected: Religion In An Established State, Kathryn E. Komp

Vanderbilt Law Review

In the summer of 2004, the group American Veterans Standing for God and Country ("American Veterans") began a cross-country pilgrimage to carry a 5,200-pound statue of the Ten Commandments to Washington D.C. The infamous statue cost Roy Moore his job as Chief Justice of the Alabama Supreme Court when he refused to remove it from the lobby of the state courthouse in 2002. American Veterans took up Moore's cause, however, and in October they brought the Commandments statue to a Christian rally in Washington, D.C. The group then planned to ask Congress to display the statue permanently in the Capitol …

Caging Animal Advocates' Political Freedoms: The Unconstitutionality Of The Animal And Ecological Terrorism Act, Andrew N. Ireland Moore

Animal Law Review

The animal advocacy movement is facing another obstacle, resulting from the creation of the Animal and Ecological Terrorism Act (AETA). The Act seeks to create harsh penalties including a Terrorist Registry for acts performed by the Animal Liberation Front (ALF) and ALF-type actors. In addition, the proposed legislation will affect animal advocates not involved with the ALF. However, the model legislation, as written, must pass Constitutional scrutiny. This paper argues that the proposed Animal and Ecological Terrorism Act is unconstitutional due to its infringement on the First Amendment, its overbreadth, and its vagueness.