Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Maurer School of Law: Indiana University (16)
- William & Mary Law School (7)
- Touro University Jacob D. Fuchsberg Law Center (6)
- Cornell University Law School (4)
- University of Richmond (4)
-
- Cleveland State University (3)
- Florida State University College of Law (3)
- University of Arkansas at Little Rock William H. Bowen School of Law (3)
- University of Baltimore Law (3)
- University of Miami Law School (3)
- West Virginia University (3)
- University at Buffalo School of Law (2)
- University of Michigan Law School (2)
- University of Missouri School of Law (2)
- University of Washington School of Law (2)
- University of the District of Columbia School of Law (2)
- Vanderbilt University Law School (2)
- Boston University School of Law (1)
- Brigham Young University Law School (1)
- Columbia Law School (1)
- New York Law School (1)
- Roger Williams University (1)
- Seattle University School of Law (1)
- Selected Works (1)
- University of Colorado Law School (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- University of Pennsylvania Carey Law School (1)
- Villanova University Charles Widger School of Law (1)
- Washington and Lee University School of Law (1)
- Keyword
-
- First Amendment (17)
- First amendment (10)
- FCC (8)
- Freedom of Speech (7)
- Federal Communications Commission (6)
-
- Freedom of speech (6)
- Constitutional law (5)
- Free speech (5)
- Censorship (4)
- Fairness Doctrine (4)
- Libel (4)
- United States Constitution 1st Amendment (4)
- Actual malice (3)
- Article I section 8 (3)
- Defamation (3)
- Freedom of Press (3)
- New york constitution (3)
- Obscenity (3)
- Supreme court (3)
- United States Supreme Court (3)
- United states constitution (3)
- Antitrust (2)
- City of Cincinnati v. Discovery Network (2)
- Commercial speech (2)
- Communications Act of 1934 (2)
- Court of appeals (2)
- Equal Protection Clause (2)
- Establishment Clause (2)
- Fighting words (2)
- Freedom of the Press (2)
- Publication
-
- Federal Communications Law Journal (14)
- Touro Law Review (6)
- William & Mary Bill of Rights Journal (6)
- All Faculty Scholarship (4)
- Cornell Law Faculty Publications (4)
-
- University of Richmond Law Review (4)
- Florida State University Law Review (3)
- University of Arkansas at Little Rock Law Review (3)
- West Virginia Law Review (3)
- Articles (2)
- Articles by Maurer Faculty (2)
- Buffalo Law Review (2)
- Cleveland State Law Review (2)
- Faculty Publications (2)
- University of Miami Law Review (2)
- University of the District of Columbia Law Review (2)
- Vanderbilt Law Review (2)
- Washington Law Review (2)
- Articles & Chapters (1)
- Brigham Young University Journal of Public Law (1)
- Faculty Articles (1)
- Faculty Scholarship (1)
- Jeffrey S. Moorad Sports Law Journal (1)
- Law Faculty Articles and Essays (1)
- Law Faculty Scholarship (1)
- Maryland Law Review (1)
- Patrick M. Garry (1)
- Publications (1)
- Scholarly Articles (1)
- Scholarly Works (1)
- Publication Type
Articles 1 - 30 of 80
Full-Text Articles in Law
Censorship By Media Elites Will Ultimately Threaten The Republic, Michael E. Bailey
Censorship By Media Elites Will Ultimately Threaten The Republic, Michael E. Bailey
Federal Communications Law Journal
No abstract provided.
A Law Antecedent And Paramount, Fred H. Cate
A Law Antecedent And Paramount, Fred H. Cate
Federal Communications Law Journal
No abstract provided.
The Sensitive Society, James F. Fitzpatrick
The Sensitive Society, James F. Fitzpatrick
Federal Communications Law Journal
No abstract provided.
Second Chance, Newton N. Minow
Second Chance, Newton N. Minow
Federal Communications Law Journal
No abstract provided.
Information Superhighway Or Technological Sewer: What Will It Be?, Robert W. Peters
Information Superhighway Or Technological Sewer: What Will It Be?, Robert W. Peters
Federal Communications Law Journal
No abstract provided.
In The Battle Over Tv Violence, The Communications Act Should Be Cheered, Not Changed!, Carl R. Ramey
In The Battle Over Tv Violence, The Communications Act Should Be Cheered, Not Changed!, Carl R. Ramey
Federal Communications Law Journal
No abstract provided.
Student Religious Expression In School: Is It Religion Or Speech, And Does It Matter, Gilbert A. Holmes
Student Religious Expression In School: Is It Religion Or Speech, And Does It Matter, Gilbert A. Holmes
University of Miami Law Review
No abstract provided.
Warning: Television Violence May Be Harmful To Children; But The First Amendment May Foil Congressional Attempts To Legislate Against It, Laura B. Schneider
Warning: Television Violence May Be Harmful To Children; But The First Amendment May Foil Congressional Attempts To Legislate Against It, Laura B. Schneider
University of Miami Law Review
No abstract provided.
Racist Speech, Outsider Jurisprudence, And The Meaning Of America, Steven H. Shiffrin
Racist Speech, Outsider Jurisprudence, And The Meaning Of America, Steven H. Shiffrin
Cornell Law Faculty Publications
Section 6: First Amendment, Institute Of Bill Of Rights Law, William & Mary Law School
Section 6: First Amendment, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Hate Speech In Context: The Case Of Verbal Threats, John T. Nockleby
Hate Speech In Context: The Case Of Verbal Threats, John T. Nockleby
Buffalo Law Review
No abstract provided.
Virtual Constitutions: The Creation Of Rules For Governing Private Networks, Michael I. Meyerson
Virtual Constitutions: The Creation Of Rules For Governing Private Networks, Michael I. Meyerson
All Faculty Scholarship
This article discusses the legal issues involving the owners of private computer networks. These issues include public/private network distinctions, First Amendment free speech issues, liability for computer network owners for improper speech posted on their networks, and anti-trust questions. The article analyzes the complexities that result from different forms of network ownership and the relationship of such networks to governmental entities.
Changes That Challenge The Soul, Herbert A. Terry
Changes That Challenge The Soul, Herbert A. Terry
Federal Communications Law Journal
Symposium: The Transformation of Television News
Commentary On Adrian Cronauer's "The Fairness Doctrine", Robert P. Rhodes
Commentary On Adrian Cronauer's "The Fairness Doctrine", Robert P. Rhodes
Federal Communications Law Journal
Symposium: The Transformation of Television News
The First Amendment And The Protection Of Unfair Speech, Barbara Mcdowell
The First Amendment And The Protection Of Unfair Speech, Barbara Mcdowell
Federal Communications Law Journal
Symposium: The Transformation of Television News
Fairness And The Public Trustee Concept: Time To Move On, Henry Geller
Fairness And The Public Trustee Concept: Time To Move On, Henry Geller
Federal Communications Law Journal
Symposium: The Transformation of Television News
The Fairness Doctrine: A Solution In Search Of A Problem, Adrian Cronauer
The Fairness Doctrine: A Solution In Search Of A Problem, Adrian Cronauer
Federal Communications Law Journal
The "Fairness Doctrine" refers to a former policy of the Federal Communications Commission wherein a broadcast station which presented one viewpoint on a controversial public issue had to afford the opposing viewpoint an opportunity to be heard. The FCC ceased to enforce the doctrine in 1987, reasoning that the doctrine actually decreased the viewpoints heard by discouraging broadcasters from covering controversial issues out of fear of censure by the FCC. The Author explores the historical development of the Fairness Doctrine and examines the flaws with the different rationales upon which the doctrine is based. The Autho concludes that today's marketplace …
Antitrust And First Amendment Implications Of Professional Real Estate Investors, Gary Myers
Antitrust And First Amendment Implications Of Professional Real Estate Investors, Gary Myers
Faculty Publications
This article begins with a discussion of the development of Noerr-Pennington immunity as it applies to litigation behavior. Parts III and IV describe the litigation in Professional Real Estate Investors and then analyze the effect of this new decision on predatory litigation law. Part V discusses possible ramifications of the case for other areas of federal and state law in which subjective intent is the sole keystone for the imposition of liability on petitioning activity. Because Professional Real Estate Investors interprets the First Amendment to preclude antitrust liability in these cases, other laws that deter bad faith litigation may no …
Guns For Hire, Commercial Speech And Tort Liability: Making A Case For Preserving First Amendment Free Speech Rights, Stephen T. Raptis
Guns For Hire, Commercial Speech And Tort Liability: Making A Case For Preserving First Amendment Free Speech Rights, Stephen T. Raptis
West Virginia Law Review
No abstract provided.
Media Violence And The Obscenity Exception To The First Amendment, Kevin W. Saunders
Media Violence And The Obscenity Exception To The First Amendment, Kevin W. Saunders
William & Mary Bill of Rights Journal
No abstract provided.
Constitutional Law—Anti-Bias Crime Legislation And The First Amendment—Supreme Court Upholds Wisconsin's Penalty Enhancement Law. Wisconsin V. Mitchell, 133 S. Ct. 2194 (1993)., Tamara L. Hamilton
Constitutional Law—Anti-Bias Crime Legislation And The First Amendment—Supreme Court Upholds Wisconsin's Penalty Enhancement Law. Wisconsin V. Mitchell, 133 S. Ct. 2194 (1993)., Tamara L. Hamilton
University of Arkansas at Little Rock Law Review
No abstract provided.
Are Oliver Stone And Tom Clancy Journalists? Determining Who Has Standing To Claim The Journalist's Privilege, Kraig L. Baker
Are Oliver Stone And Tom Clancy Journalists? Determining Who Has Standing To Claim The Journalist's Privilege, Kraig L. Baker
Washington Law Review
Most circuits recognize a qualified privilege that provides a partial First Amendment shield for journalists to protect the confidentiality of their sources and materials. Few courts, however, discuss the scope of the class protected by this privilege. This Comment examines who has traditionally been part of the protected class and explores the trends and concerns of courts in granting standing. This Comment also recommends a framework that courts can use to determine whether to extend the journalist's privilege to new formats of communication and applies this framework to two examples.
The Politics Of The Mass Media And The Free Speech Principle, Steven H. Shiffrin
The Politics Of The Mass Media And The Free Speech Principle, Steven H. Shiffrin
Cornell Law Faculty Publications
Constitutional Law—Commercial Speech—Face-To-Face Solicitation By Certified Public Accountants (But Not Attorneys?) Is Protected Speech Under The First Amendment, L. Kyle Heffley
University of Arkansas at Little Rock Law Review
No abstract provided.
Constitutional Law—Free Exercise Clause—Sacrificial Rites Become Constitutional Rights On The Alter Of Babalu Aye, Allison J. Cornwell
Constitutional Law—Free Exercise Clause—Sacrificial Rites Become Constitutional Rights On The Alter Of Babalu Aye, Allison J. Cornwell
University of Arkansas at Little Rock Law Review
No abstract provided.
Fight Muhammad's 'Secret' With Facts, Kenneth Lasson
Fight Muhammad's 'Secret' With Facts, Kenneth Lasson
All Faculty Scholarship
No abstract provided.
A Critique Of An Illegal Conduct Limitation On The Reporters' Privilege Not To Testify, Leslie A. Warren
A Critique Of An Illegal Conduct Limitation On The Reporters' Privilege Not To Testify, Leslie A. Warren
Federal Communications Law Journal
The First Amendment is commonly interpreted to allow reporters a qualified privilege not to testify. By compelling testimony only where the party requesting the information meets the elements of a three-part test, a court balances the interests of the requesting party with those of the reporter. The court in United States v. Sanusi applied this traditional test and found that the defendant met the elements. However, the court also added a new restriction on the privilege. This Note argues that the additional limitation, requiring that the court be confident that the privilege not be "justifying otherwise illegal conduct," is an …
The First Amendment And Homosexual Expression: The Need For An Expanded Interpretation, Brent H. Allen
The First Amendment And Homosexual Expression: The Need For An Expanded Interpretation, Brent H. Allen
Vanderbilt Law Review
"Homosexuality is today essentially a form of political, social, and moral dissent on par with the best American traditions of dissent and even subversive advocacy.... Those that support criminalization find today in homosexuality what they found before in the family planning of Sanger, the atheism of Darwin, the socialism of Debs, or the Marxist advocacy of the American Communist Party."
Ostensibly, the First Amendment guarantees all people freedom of expression of every belief. The free exchange of ideas forms the basis of a democratic government. Only citizens with unhindered access to the famed "marketplace of ideas" can participate meaningfully in …
R.A.V. V. City Of St. Paul: The Continuing Confusion Of The Fighting Words Doctrine, Melody L. Hurdle
R.A.V. V. City Of St. Paul: The Continuing Confusion Of The Fighting Words Doctrine, Melody L. Hurdle
Vanderbilt Law Review
Communication contributes to the marketplace of ideasI which is the only way to promote the discovery of truth in society. The importance of communication has led the United States Supreme Court to herald freedom of expression as "the matrix, the indispensable condition, of nearly every other form of freedom." Indeed, the Court protects few other constitutional rights with such fervor. First Amendment protection is not absolute, however, and the United States Supreme Court consistently has asserted that certain forms or classes of expression may be regulated without violating the Constitution. Generally speaking, the Court has carved exceptions to First Amendment …
When Government Speaks Religiously, E. Gregory Wallace
When Government Speaks Religiously, E. Gregory Wallace
Florida State University Law Review
No abstract provided.