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Articles 1 - 11 of 11

Full-Text Articles in Law

The Life Of The Mind And A Life Of Meaning: Reflections On Fahrenheit 451, Rodney A. Smolla Jul 2015

The Life Of The Mind And A Life Of Meaning: Reflections On Fahrenheit 451, Rodney A. Smolla

Rod Smolla

Not available.


Freedom Of Speech For Libraries And Librarians, Rodney A. Smolla Jul 2015

Freedom Of Speech For Libraries And Librarians, Rodney A. Smolla

Rod Smolla

Noting the recent bicentennial of the First Amendment to the United States Constitution, Professor Smolla considers the role of librarians in opposing censorship. He proposes a new principle of "professionalism" to establish the librarian's role, and discusses the principle in light of the Supreme Court's decision in Board of Education v. Pico.


Propaganda, Xenophobia, And The First Amendment, Rodney A. Smolla, Stephen A. Smith Jul 2015

Propaganda, Xenophobia, And The First Amendment, Rodney A. Smolla, Stephen A. Smith

Rod Smolla

No abstract provided.


Library Book Selection And The Public Schools: The Quest For The Archimedean Point, Mark G. Yudof Jun 2015

Library Book Selection And The Public Schools: The Quest For The Archimedean Point, Mark G. Yudof

Mark G Yudof

No abstract provided.


Censorship And Free Speech In Scientific Controversies, Brian Martin Jan 2015

Censorship And Free Speech In Scientific Controversies, Brian Martin

Faculty of Law, Humanities and the Arts - Papers (Archive)

Many publicly debated issues have implications for health, including smoking, pesticides, food additives, seat belts, fluoridation, vaccination and climate change. Campaigners on such issues use a variety of methods, including presenting evidence and arguments, denigrating opponents, lobbying and organising protests. In some cases, campaigners seek to censor opponents, most commonly on the grounds that their views are false and dangerous. To probe rationales for censorship, recent events in the Australian public debate over vaccination are examined. A citizens' group critical of vaccination has come under heavy attack, with pro-vaccination campaigners and politicians trying to shut down the group and restrict …


Copyright And Free Expression In China’S Film Industry, Eric Priest Jan 2015

Copyright And Free Expression In China’S Film Industry, Eric Priest

Fordham Intellectual Property, Media and Entertainment Law Journal

This Article analyzes whether copyright, which creates private rights in original expression and is therefore a legal tool for restricting the dissemination of information, exacerbates or undercuts state censorship in China’s film industry. Recent scholarship suggests that copyright law reinforces China’s oppressive censorship regime because both copyright and state censorship erect legal barriers around expressive works. The theory that copyright enhances censorship in China, however, overlooks the immense tension between state attempts at information control and market-supported information production made possible by copyright. This Article demonstrates that the Chinese government does not wield unchecked, top-down control over China’s film industry …


Keeping The State’S Secrets: Ireland’S Road From ‘Official’ Secrets To Freedom Of Information, Michael Foley Jan 2015

Keeping The State’S Secrets: Ireland’S Road From ‘Official’ Secrets To Freedom Of Information, Michael Foley

Books/Book chapters

The introduction of the Freedom of Information act in Ireland in 1997 was a profound change for a state, a civil service and political system far more comfortable with official secrets. It has had a transformational effect on relations between citizen and the state, and has been useful for journalists despite many challenges. After its introduction it was then amended, with high costs and limitations imposed. It has subsequently been amended again to restore much of its previous powers.


The Streisand Effect And Censorship Backfire, Sue Curry Jansen, Brian Martin Jan 2015

The Streisand Effect And Censorship Backfire, Sue Curry Jansen, Brian Martin

Faculty of Law, Humanities and the Arts - Papers (Archive)

Barbra Streisand's attempt to restrict online views of her residence on a public website had the paradoxical effect of leading to many more views than if she had done nothing. Subsequently, attempts at censorship that end up being counterproductive have been dubbed the "Streisand effect." To better understand the dynamics of the Streisand effect, we examine five tactics used by censors to reduce outrage from their actions: (1) hiding the existence of censorship; (2) devaluing targets of censorship; (3) reinterpreting actions by lying, minimizing consequences, blaming others, and using benign framing; (4) using official channels to give an appearance of …


Sex, Censorship And Media Regulation In Japan: A Historical Overview, Mark Mclelland Jan 2015

Sex, Censorship And Media Regulation In Japan: A Historical Overview, Mark Mclelland

Faculty of Law, Humanities and the Arts - Papers (Archive)

Over the past several decades alarmist reports about the supposed dangers of the sexualised nature of much Japanese popular culture have regularly featured in the English-language press. It has been claimed that Japan is 'awash' in all kinds of pornography, including child pornography (Larimer 1999; Fallows 1986: 38) and that insufficient attempts are made by the authorities to properly regulate the expression of sexual matters. A major concern of such reporting has been the supposed 'dark side' (McGinty 2002) of the manga (comics) which are ubiquitous in Japan and, since the 1980s, have become popular with young people worldwide. International …


New Media, Censorship And Gender: Using Obscenity Law To Restrict Online Self-Expression In Japan And China, Mark J. Mclelland Jan 2015

New Media, Censorship And Gender: Using Obscenity Law To Restrict Online Self-Expression In Japan And China, Mark J. Mclelland

Faculty of Law, Humanities and the Arts - Papers (Archive)

The widespread take-up of Internet technologies from the mid-1990s has proven challenging to nation states that seek to limit access to ideas, information or images that the political class considers dangerous or inappropriate for the general population. As a largely deterritorialized technology, the Internet allows access to material that circumvents national legislatures and ignores local ratings systems and in so doing facilitates all kinds of inter-cultural and transnational flows of communication. Different countries have different sensitivities regarding the kinds of material that should not be freely available to their citizens and although the entry of such material is closely scrutinized …


Irb Licensing, Philip A. Hamburger Jan 2015

Irb Licensing, Philip A. Hamburger

Faculty Scholarship

This chapter examines conflicting norms in the government's licensing of speech and the press on “human-subjects research” through institutional review boards (IRBs). It begins by discussing licensing and why the prohibition of it is so fundamental and prroceeds by providing an overview of the structure of institutional review board licensing. It then highlights the unconstitutionality of IRB laws, arguing that the use of IRBs violates the principles of academic freedom. It asserts that licensing of speech or the press was a method of controlling the press employed by the Inquisition and the Star Chamber, and the First Amendment unequivocally barred …