Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
When Well-Being Trumps Liberty: Political Theory, Jurisprudence, And Children's Rights, William Galston
When Well-Being Trumps Liberty: Political Theory, Jurisprudence, And Children's Rights, William Galston
Chicago-Kent Law Review
Compared to most adults, children are dependent and vulnerable and therefore require special protection. Efforts to safeguard their well-being often collide with one or more of the liberty guarantees of the First Amendment. Professor Etzioni fears that current jurisprudence has tipped the balance too far towards individual liberty, making it difficult to extend children the legal protection they need. Drawing on a theoretical account of constitutionalism as well as existing case law, the author argues that mainstream jurisprudence is up to the task of balancing the well-being of children against the liberty of adults. The Supreme Court's recent decision in …
Toward A Constitutional Regulation Of Minors' Access To Harmful Internet Speech, Dawn C. Nunziato
Toward A Constitutional Regulation Of Minors' Access To Harmful Internet Speech, Dawn C. Nunziato
Chicago-Kent Law Review
In this Article, Prof. Nunziato scrutinizes Congress's recent efforts to regulate access to sexually-themed Internet speech. The first such effort, embodied in the Communications Decency Act, failed to take into account the Supreme Court's carefully-honed obscenity and obscenity-for-minors jurisprudence. The second, embodied in the Child Online Protection Act, attended carefully to Supreme Court precedent, but failed to account for the geographic variability in definitions of obscene speech. Finally, the recently-enacted Children's Internet Protection Act apparently remedies the constitutional deficiencies identified in these two prior legislative efforts, but runs the risk of being implemented in a manner that fails to protect …