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Full-Text Articles in Law
Are Contemporary Community Standards No Longer Contemporary, Roman A. Kostenko
Are Contemporary Community Standards No Longer Contemporary, Roman A. Kostenko
Cleveland State Law Review
This note concurs with the decision reached by the Third Circuit. The federal obscenity law, which incorporated the contemporary community standards test is unconstitutional as applied to expression on the internet because it has chilling effect on the exercise of freedom of speech as guaranteed by the First Amendment to the Constitution of the United States. Because freedom of speech would be restrained by any incorporation of community standards in federal regulation of the internet, the legislature should refrain from adopting a standard that would apply in all internet situations. Rather, with respect to obscenity, the internet should be left …
Misperception And Misapplication Of The First Amendment In The American Pluralistic System: Mergers Between Catholic And Non-Catholic Healthcare Systems, Jason M. Kellhofer
Misperception And Misapplication Of The First Amendment In The American Pluralistic System: Mergers Between Catholic And Non-Catholic Healthcare Systems, Jason M. Kellhofer
Journal of Law and Health
This note questions the wisdom of those who content that Catholic health providers, to constitutionally qualify for government assistance or be permitted to merge with public entities, must be stripped of that which makes them most effective - their religious identity. The threat to sectarian healthcare has steadily been on the rise as can be seen in actions such as the American Public Health Association's recent approval of a policy statement recommending more government oversight to preclude the dropping of reproductive services when Catholic and Non-Catholic hospitals merge. Section II explores why these mergers occur and why certain services are …