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Articles 1 - 7 of 7

Full-Text Articles in Law

Blackmail: Dde-Type Inquiries - 1993, Wendy J. Gordon Jan 1993

Blackmail: Dde-Type Inquiries - 1993, Wendy J. Gordon

Scholarship Chronologically

DDE-type inquiries usually emerge from a particular brand of intuitionistically-applied deontology which one might call a "theory of side-constraints". From the deontologic notion that "persons are ends, not means," philosophers of this stripe have intuited a number of constraints that should constrain moral actors regardless of the cost. The science of side-constraints is obviously inconsistent with theories such as utilitarianism and economic wealth-maximization, where assessing the costs and benefits of an action constitute the primary guide for action. By contrast side-constraint philosophers tell us that one may not kill another person even to save a large number of other persons; …


Broadcasting And Speech, Jonathan Weinberg Jan 1993

Broadcasting And Speech, Jonathan Weinberg

Law Faculty Research Publications

It is illegal to speak over the airwaves without a broadcast license. The FCC grants those licenses, and decides whether they will be renewed, on the basis of a vague "public interest" standard. The resulting system of broadcast regulation conflicts, starkly and gratuitously, with ordinary free speech philosophy. In this Article, the author argues that that inconsistency is crucially linked to inadequacies in free speech theory itself Conventional free speech theory ignores the extent to which imbalances of private power limit freedom of expression. It presupposes that public discourse takes place on a rational plane. The author explores the link …


Silence And The Word, Paul Campos Jan 1993

Silence And The Word, Paul Campos

Publications

No abstract provided.


How To Do Things With The First Amendment, Pierre Schlag Jan 1993

How To Do Things With The First Amendment, Pierre Schlag

Publications

No abstract provided.


In Re Holtzman: Free Speech Or Professional Misconduct?, David W. Wright Jan 1993

In Re Holtzman: Free Speech Or Professional Misconduct?, David W. Wright

Touro Law Review

No abstract provided.


Foreword: Religious Participation In Public Debate, Matthew Steffey Jan 1993

Foreword: Religious Participation In Public Debate, Matthew Steffey

Journal Articles

No abstract provided.


New York Times Co V Sullivan: The 'Actual Malice' – Standard And Editorial Decision-Making, Geoffrey Bennett, Russel L. Weaver Jan 1993

New York Times Co V Sullivan: The 'Actual Malice' – Standard And Editorial Decision-Making, Geoffrey Bennett, Russel L. Weaver

Journal Articles

In an effort to explore conflicting views of the New York Times decision, this article compares how the British media functions under Britain's more restrictive defamation laws with how the US media functions under the actual malice standard. It does so based on interviews with reporters, editors, defamation lawyers, and others involved in the media in an effort to understand how they decide which stories to publish, and to gain some understanding of how libel laws affect editorial decision-making.