Law Commons^™

Closing The Barn Door After The Genie Is Out Of The Bag: Recognizing A "Futility Principle" In First Amendment Jurisprudence, Eric Easton

All Faculty Scholarship

This article argues for a simple proposition: the First Amendment imposes a presumption against the suppression of speech when suppression would be futile. Suppression is futile when the speech is available to the same audience through some other medium or at some other place. The government can overcome this presumption of futility only when it asserts an important interest that is unrelated to the content of the speech in question, and only when the suppression directly advances that interest.

In Part I, the article explores the role that this unarticulated "futility principle" has played in Supreme Court and other decisions …

New Restrictions On Academic Free Speech: Jeffries V. Harleston Ii, Richard H. Hiers

UF Law Faculty Publications

Notwithstanding academic freedom's venerable and near-sacrosanct place among academicians in the United States today, the Supreme Court first accorded it constitutional status only in the 1950s. The Court did not recognize First Amendment speech rights of public employees generally until 1968. In subsequent years, the Court evolved two separate lines of cases: the one relating to, and generally protective of, academic freedom in public colleges and universities; the other, relating to the speech rights of public school teachers and public employees in other work contexts. The Supreme Court has yet to address the question whether the severely restrictive standards developed …

People Do Read Large Ads: The Law Of Advertising From Outer Space, Don E. Tomlinson, Rob L. Wiley

Federal Communications Law Journal

Although many may not be aware of it; the .technological capability currently exists to launch large, billboard-type advertisements into outer space. These ads could be as large as a full moon, and last for an almost infinite duration. Reaction to the possibility of space advertising has been generally negative, with many expressing concerns about the aesthetic effect of floating space billboards. One recent example of this is the proposal to launch a billboard containing the five-ring Olympic symbol in connection with Atlanta's hosting the 1996 Olympics, which was rejected by Mayor Maynard Jackson as "environmental pollution." Despite the fact that …

Authors, Editors, And Uncommon Carriers: Identifying The "Speaker" Within The New Media, Michael I. Meyerson

All Faculty Scholarship

First Amendment analysis has historically depended on whether a party is a speaker, an editor, or a carrier. With communications technology rapidly evolving, determining which category is appropriate becomes increasingly complex, and ascertaining the First Amendment protections that are applied to various actors in the process of diffusing ideas becomes difficult. This article looks to the historical treatment of the First Amendment rights of speakers, editors, and distributors. This article traces the Supreme Court’s treatment of speech regulations on new technologies, from telegraph and telephone regulations to the seminal Turner Broadcast System, Inc. v. FCC case that created rules for …

Anonymous Campaign Literature And The First Amendment, Erika Lietzan

Faculty Publications

Presently, forty-eight states and the District of Columbia have statutes that require the disclosure of some party's identity (for example, an author or a sponsor) on political literature pertaining to elections. The most common explanations given for these statutes are that they deter fraud and libel in the election arena and that they provide valuable information to the voters. Because these statutes regulate core political speech, however, they necessarily implicate the First Amendment to the United States Constitution. Although campaign disclosure laws have been both struck down and sustained by state courts reviewing appealed convictions, the decisions have been disappointingly …

The Supreme Court's Land Use Decisions, Hon. Leon D. Lazer

Touro Law Review

No abstract provided.

New York's Son Of Sam Law: Alive And Well Today, Steven P. Vargas

Touro Law Review

No abstract provided.

Freedom Of Speech And Press

Touro Law Review

No abstract provided.

Freedom Of Speech And Press

Touro Law Review

No abstract provided.

Counter-Demonstration As Protected Speech: Finding The Right To Confrontation In Existing First Amendment Law, Kevin F. O'Neill, R. Vasvari

Law Faculty Articles and Essays

Accordingly, this Article is aimed at disentangling lines of precedent that are all too frequently entwined by urging an analysis of public protest cases that distinguishes among the four regulatory players. Thus, this Article devotes separate sections to the regulatory roles of legislators,16 administrators,17 judges,18 and police,19 with an introductory section on the doctrinal bedrock in this field: the public forum doctrine.20

N.O.W. V. Scheidler: Rico Meets The First Amendment, Craig M. Bradley

Articles by Maurer Faculty

A look at the controversial N.O.W. v. Scheidler case.

Double Jeopardy

Touro Law Review

No abstract provided.

Freedom Of Speech And Press

Touro Law Review

No abstract provided.

Free Speech: The Status Of The First Amendment, Martin B. Margulies

Touro Law Review

No abstract provided.

Legislating Against Hate In New York: Bias Crimes And The Lesbian And Gay Community, Martin S. Zwerling

Touro Law Review

No abstract provided.

The First Amendment And The National Information Infrastructure, Fred H. Cate

Articles by Maurer Faculty

What the First Amendment status of electronic information should be is a fundamental question which must be addressed in any attempt to arrive at appropriate legal standards to protect the multifarious interests of the users of cyberspace. Yet, despite its importance, the First Amendment has largely been ignored in the debate surrounding what sort of legal framework should control the emerging National Information Infrastructure. Professor Cate surveys the current terrain of First Amendment jurisprudence and describes the different analytical approaches which may be taken. Doctrinal anomalies such as the law of common carriage indicate that at times the courts have …

Employment Discrimination: Recent Developments In The Supreme Court, Eileen Kaufman

Touro Law Review

No abstract provided.

Defending Pornography: Free Speech & The Fight For Women’S Rights, Nadine Strossen

Books

The newest attacks on the First Amendment and on free expression have come from a vocal and influential segment of the feminist movement that has launched a successful - and puritanical - crusade against "pornography" as the root of discrimination and violence against women. But, as Nadine Strossen, president of the American Civil Liberties Union, forcefully argues, this view of sexuality as inherently dangerous does profound damage to human rights in general, and to women's rights in particular. In Defending Pornography, Strossen shows that, since the late 1970s, a new and startling alliance has been fused between "procensorship" feminists, most …

Initiative Petition Reforms And The First Amendment, Emily Calhoun

Publications

No abstract provided.