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Articles 1 - 15 of 15
Full-Text Articles in Law
“There Is Something Unique … About The Government Funding Of The Arts For First Amendment Purposes”: An Institutional Approach To Granting Government Entities Free Speech Rights, Leslie Cooper Mahaffey
“There Is Something Unique … About The Government Funding Of The Arts For First Amendment Purposes”: An Institutional Approach To Granting Government Entities Free Speech Rights, Leslie Cooper Mahaffey
Duke Law Journal
The common understanding of the First Amendment is that its purpose is primarily libertarian, serving to protect private citizens' expression from government censorship. In the modern era, however, the government's pervasive presence-especially in the role of funder of private activity-has blurred the lines between governmental and private speech. Further, the relatively new, increasingly influential government speech doctrine-which dictates that the government will not be subjected to First Amendment scrutiny when it is engaging in communication-has been the Supreme Court's guidepost of late when the Court has been confronted with a case involving expression with both private and public elements. The …
How To Create International Law: The Case Of Internet Freedom In China, Katherine Tsai
How To Create International Law: The Case Of Internet Freedom In China, Katherine Tsai
Duke Journal of Comparative & International Law
No abstract provided.
Antitrust Censorship Of Economic Protest, Hillary Greene
Antitrust Censorship Of Economic Protest, Hillary Greene
Duke Law Journal
Antitrust law accepts the competitive marketplace, its operation, and its outcomes as an ideal. Society itself need not and does not. Although antitrust is not in the business of evaluating, for example, the "fairness" of prices, society can, and frequently does, properly concern itself with these issues. When dissatisfaction results, it may manifest itself in an expressive boycott: a form of social campaign wherein purchasers express their dissatisfaction by collectively refusing to buy. Antitrust should neither participate in nor censor such normative discourse. In this Article, I explain how antitrust law impedes this speech, argue why it should not, and …
Cybersieves, Derek E. Bambauer
Cybersieves, Derek E. Bambauer
Duke Law Journal
This Article offers a process-based method to assess Internet censorship that is compatible with different value sets about what content should be blocked. Whereas China's Internet censorship receives considerable attention, censorship in the United States and other democratic countries is largely ignored. The Internet is increasingly fragmented by nations' different value judgments about what content is unacceptable. Countries differ not in their intent to censor material-from political dissent in Iran to copyrighted songs in America-but in the content they target, how precisely they block it, and how involved their citizens are in these choices. Previous scholars have analyzed Internet censorship …
Book Review, Jennifer L. Behrens
Cultural Values And Government, Walter E. Dellinger Iii
Cultural Values And Government, Walter E. Dellinger Iii
Faculty Scholarship
Mr. Dellinger Mr. Dellinger originally delivered these remarks for the panel entitled The Role of Government in Defining Our Culture, at the Federalist Society’s 2006 National Lawyers Convention, on Saturday, November 18, 2006, in Washington, D.C. commenting on the Ninth Circuit decision Finley v. National Endowment for the Arts. The case involved the constitutionality of the Helms Amendment which required that the National Endowment for the Arts take decency into account in choosing who should be awarded artistic grants.
To What Extent Does The Power Of Government To Determine The Boundaries And Conditions Of Lawful Commerce Permit Government To Declare Who May Advertise And Who May Not?, William W. Van Alstyne
To What Extent Does The Power Of Government To Determine The Boundaries And Conditions Of Lawful Commerce Permit Government To Declare Who May Advertise And Who May Not?, William W. Van Alstyne
Faculty Scholarship
No abstract provided.
Quo Vadis, Posadas?, William W. Van Alstyne
Quo Vadis, Posadas?, William W. Van Alstyne
Faculty Scholarship
This examination looks at Virginia's ban on speech advertising motorcycles and revisits the question raised in the Posadas decision - may a state ban speech about a legal product the state could ban if it so desired. This article uses comparisons to the government employee speech cases to further illuminate the issue.
The Freedom Of Speech At Risk In Cyberspace: Obscenity Doctrine And A Frightened University’S Censorship Of Sex On The Internet, Jeffrey E. Faucette
The Freedom Of Speech At Risk In Cyberspace: Obscenity Doctrine And A Frightened University’S Censorship Of Sex On The Internet, Jeffrey E. Faucette
Duke Law Journal
No abstract provided.
Black And White Images, John H. Garvey
Black And White Images, John H. Garvey
Law and Contemporary Problems
Whether the National Endowment for the Arts can control the content of speech that it pays for is a hard First Amendment question. The way in which Congress has tried to answer it is discussed.
Artists And Unconstitutional Conditions: The Big Bad Wolf Won’T Subsidize Little Red Riding Hood’S Indecent Art, Michael J. Elston
Artists And Unconstitutional Conditions: The Big Bad Wolf Won’T Subsidize Little Red Riding Hood’S Indecent Art, Michael J. Elston
Law and Contemporary Problems
Recent developments in the area of academic freedom and artistic expression are examined, considering First Amendment protection for artistic expression as well as the particular problem of government funding of the arts.
End Of An Era? The Decline Of Student Press Rights In The Wake Of Hazelwood School District V. Kuhlmeier, J. Marc Abrams, S. Mark Goodman
End Of An Era? The Decline Of Student Press Rights In The Wake Of Hazelwood School District V. Kuhlmeier, J. Marc Abrams, S. Mark Goodman
Duke Law Journal
No abstract provided.
Hazelwood School District And The Role Of First Amendment Institutions, Bruce C. Hafen
Hazelwood School District And The Role Of First Amendment Institutions, Bruce C. Hafen
Duke Law Journal
No abstract provided.
Congressional Power And Free Speech: Levy’S Legacy Revisited, William W. Van Alstyne
Congressional Power And Free Speech: Levy’S Legacy Revisited, William W. Van Alstyne
Faculty Scholarship
No abstract provided.
The Artist In The Amphitheatre, Elizabeth Turner
The Artist In The Amphitheatre, Elizabeth Turner
Law and Contemporary Problems
No abstract provided.