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Articles 1 - 21 of 21
Full-Text Articles in Law
Overcoming Overbreadth: Facial Challenges And The Valid Rule Requirement , Marc E. Isserles
Overcoming Overbreadth: Facial Challenges And The Valid Rule Requirement , Marc E. Isserles
American University Law Review
No abstract provided.
To Say &Quoi Do": Shahar V. Bowers, Same-Sex Marriage, And Public Employee And Free Speech Rights, Bryan H. Wildenthal
To Say &Quoi Do": Shahar V. Bowers, Same-Sex Marriage, And Public Employee And Free Speech Rights, Bryan H. Wildenthal
Georgia State University Law Review
No abstract provided.
Choppy Waters Are Forecast For Academic Free Speech, Rachel E. Fugate
Choppy Waters Are Forecast For Academic Free Speech, Rachel E. Fugate
Florida State University Law Review
No abstract provided.
Rethinking The Clear And Present Danger Test, David R. Dow, R. Scott Shieldes
Rethinking The Clear And Present Danger Test, David R. Dow, R. Scott Shieldes
Indiana Law Journal
No abstract provided.
Sobriety Test: The Court Walks The Central Hudson Line Once Again In 44 Liquormart, But Passes On A New First Amendment Review, Aaron A. Schmoll
Sobriety Test: The Court Walks The Central Hudson Line Once Again In 44 Liquormart, But Passes On A New First Amendment Review, Aaron A. Schmoll
Federal Communications Law Journal
In 1980 the Supreme Court decided Central Hudson and, in so doing, articulated the parameters of the modern commercial speech doctrine. In providing a four-part test to determine the validity of government efforts to restrict commercial speech, the Court engaged in "intermediate scrutiny" and created the expectation among free speech advocates that the Court was finally ready to provide higher measure of constitutional protection to commercial speech. In the nearly fifteen years after Central Hudson, these advocates have been disappointed as the Court has inconsistently weighed the factors that comprise the test. The opportunity to adopt a less- manipulative …
Holding School Systems Liable For Peer Sexual Harassment, Katie Wood
Holding School Systems Liable For Peer Sexual Harassment, Katie Wood
Georgia State University Law Review
No abstract provided.
First Amendment Trump?: The Uncertain Constitutionalization Of Structural Regulation Separating Telephone And Video, Susan Dente Ross
First Amendment Trump?: The Uncertain Constitutionalization Of Structural Regulation Separating Telephone And Video, Susan Dente Ross
Federal Communications Law Journal
The Cable Act of 1984 contained a "cross-ownership" ban, which prohibited telephone companies from entering the local cable video market. Although the ban was challenged by telephone carriers on numerous grounds, the First Amendment was not the basis of any challenge until the mid-1990s when telephone companies sought to characterize themselves not just as carriers but as content suppliers, or "speakers," who were deprived of their right to speak as a result of common carrier regulations that were intended merely to control the economic structure of the communications industry. Using the First Amendment as a new-found constitutional weapon to challenge …
In Search Of A Smoking Gun: Tortious Interference With Nondisclosure Agreements As An Obstacle To Newsgathering, Mark J. Chasteen
In Search Of A Smoking Gun: Tortious Interference With Nondisclosure Agreements As An Obstacle To Newsgathering, Mark J. Chasteen
Federal Communications Law Journal
In November 1995, the prominent CBS newsmagazine 60 Minutes refrained from broadcasting an important interview with a former vice president of Brown & Williamson for fear of being liable for tortiously interfering with a confidentiality agreement between the employee and the tobacco company. This event illustrates a new concern facing media: specifically whether liability arises from broadcasting information that would be considered protected speech had the source not been a party to a nondisclosure agreement. It also illustrates an area of First Amendment jurisprudence that is as yet uncharted and for which there is no established standard that is easily …
The Legality Of The Religious Use Of Peyote By The Native American Church: A Commentary On The Free Exercise, Equal Protection, And Establishment Issues Raised By The Peyote Way Church Of God Case, John Thomas Bannon Jr.
The Legality Of The Religious Use Of Peyote By The Native American Church: A Commentary On The Free Exercise, Equal Protection, And Establishment Issues Raised By The Peyote Way Church Of God Case, John Thomas Bannon Jr.
American Indian Law Review
No abstract provided.
Freedom Of Speech - How Does The New York State Constitution Compare To The United States Constitution?, Eileen Kaufman, Leon Friedman
Freedom Of Speech - How Does The New York State Constitution Compare To The United States Constitution?, Eileen Kaufman, Leon Friedman
Touro Law Review
No abstract provided.
What's In A Word? A Comparative Analysis Of Article I, § 12 Of The New York State Constitution And The Fourth Amendment To The United States Constitution As Interpreted By The New York Court Of Appeals And The United States Supreme Court, Douglas Holden Wigdor
Touro Law Review
No abstract provided.
Adult Uses And The First Amendment: The Stringfellow’S Decision And Its Impact On Municipal Control Of Adult Businesses, Steve Mcmillen
Adult Uses And The First Amendment: The Stringfellow’S Decision And Its Impact On Municipal Control Of Adult Businesses, Steve Mcmillen
Touro Law Review
No abstract provided.
Computer-Generated Child Pornography: A Legal Alternative?, Wendy L. Pursel
Computer-Generated Child Pornography: A Legal Alternative?, Wendy L. Pursel
Seattle University Law Review
This Comment does not debate the efficacy of the Child Pornography Prevention Act in accomplishing its purpose-the effective regulation of computer-generated images. Nor does this Comment address adult-simulated child pornography. Rather, working under the assumption that the statute accomplishes what it aims to accomplish-namely the regulation of computer-generated child pornography-this Comment looks beyond the statute and its language to the broader discussion of the value in regulating this type of material. Specifically, this Comment will focus on two issues: first, whether legislation regulating computer-generated child pornography can survive First Amendment considerations of free speech, and second, the social arguments made …
The Intersection Of Free Speech And The Legal Profession: Constraints On Lawyers' First Amendment Rights, Kathleen M. Sullivan
The Intersection Of Free Speech And The Legal Profession: Constraints On Lawyers' First Amendment Rights, Kathleen M. Sullivan
Fordham Law Review
No abstract provided.
Trademark Regulations And The Commercial Speech Doctrine: Focusing On The Regulatory Objective To Classify Speech For First Amendment Analysis, John V. Tait
Fordham Law Review
No abstract provided.
Right Of Publicity: Cardtoons, L.C. V. Major League Baseball Players Association, Kym Carrier
Right Of Publicity: Cardtoons, L.C. V. Major League Baseball Players Association, Kym Carrier
Oklahoma Law Review
No abstract provided.
The Indians' Chief Problem: Chief Wahoo As State Sponsored Discrimination And A Disparaging Mark, Jack Achiezer Guggenheim
The Indians' Chief Problem: Chief Wahoo As State Sponsored Discrimination And A Disparaging Mark, Jack Achiezer Guggenheim
Cleveland State Law Review
This article traces the history of the Cleveland Indians and Chief Wahoo. It then suggests and assesses two methods by which the Chief Wahoo emblem may be legally challenged. The first method is to assert that Chief Wahoo, as used in Jacob's Field, is state sponsored discrimination. As such it could be challenged as a violation of equal protection or as racist speech. Alternatively, in addition to proving that the teams' actions should be deemed state actions, a new theory asserting that discriminatory state speech is a violation of the First Amendment could be advanced. Another method by which the …
Lisa Herdahl And Religious Liberty , Nadine Strossen
Lisa Herdahl And Religious Liberty , Nadine Strossen
Cleveland State Law Review
Introduction of the ACLU’s Roger Baldwin Medal of Liberty Award honoree, detailing her specific struggle and outlining the larger national picture her case reflected.
New York State Constitutional Law Trends And Developments: Introduction, Howard Glickstein, Barry Latzer
New York State Constitutional Law Trends And Developments: Introduction, Howard Glickstein, Barry Latzer
Touro Law Review
No abstract provided.
New Criticisms Of The Libel-Proof Plaintiff Doctrine , Wayne M. Serra
New Criticisms Of The Libel-Proof Plaintiff Doctrine , Wayne M. Serra
Cleveland State Law Review
This paper will explore the libel-proof plaintiff doctrine and examine it in light of traditional standing and jurisdictional principles. Part II of this paper discusses the origin of the libel-proof doctrine and its application. Part III explores the general requirements for diversity actions in the federal district courts, the application of state law to those actions, and the impact of the First Amendment on state libel law. Part IV discusses standing to sue principles and analyzes the libel-proof plaintiff doctrine in light of those principles. Part V discusses some criticisms of the libel-proof plaintiff doctrine. Finally, Part VI concludes that …
The Right Of Publicity On The Internet, Cristina Fernandez
The Right Of Publicity On The Internet, Cristina Fernandez
Marquette Sports Law Review
No abstract provided.