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- First Amendment (8)
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Articles 1 - 16 of 16
Full-Text Articles in Law
Censorship By Media Elites Will Ultimately Threaten The Republic, Michael E. Bailey
Censorship By Media Elites Will Ultimately Threaten The Republic, Michael E. Bailey
Federal Communications Law Journal
No abstract provided.
A Law Antecedent And Paramount, Fred H. Cate
A Law Antecedent And Paramount, Fred H. Cate
Federal Communications Law Journal
No abstract provided.
The Sensitive Society, James F. Fitzpatrick
The Sensitive Society, James F. Fitzpatrick
Federal Communications Law Journal
No abstract provided.
Second Chance, Newton N. Minow
Second Chance, Newton N. Minow
Federal Communications Law Journal
No abstract provided.
Information Superhighway Or Technological Sewer: What Will It Be?, Robert W. Peters
Information Superhighway Or Technological Sewer: What Will It Be?, Robert W. Peters
Federal Communications Law Journal
No abstract provided.
In The Battle Over Tv Violence, The Communications Act Should Be Cheered, Not Changed!, Carl R. Ramey
In The Battle Over Tv Violence, The Communications Act Should Be Cheered, Not Changed!, Carl R. Ramey
Federal Communications Law Journal
No abstract provided.
Changes That Challenge The Soul, Herbert A. Terry
Changes That Challenge The Soul, Herbert A. Terry
Federal Communications Law Journal
Symposium: The Transformation of Television News
Commentary On Adrian Cronauer's "The Fairness Doctrine", Robert P. Rhodes
Commentary On Adrian Cronauer's "The Fairness Doctrine", Robert P. Rhodes
Federal Communications Law Journal
Symposium: The Transformation of Television News
The First Amendment And The Protection Of Unfair Speech, Barbara Mcdowell
The First Amendment And The Protection Of Unfair Speech, Barbara Mcdowell
Federal Communications Law Journal
Symposium: The Transformation of Television News
Fairness And The Public Trustee Concept: Time To Move On, Henry Geller
Fairness And The Public Trustee Concept: Time To Move On, Henry Geller
Federal Communications Law Journal
Symposium: The Transformation of Television News
The Fairness Doctrine: A Solution In Search Of A Problem, Adrian Cronauer
The Fairness Doctrine: A Solution In Search Of A Problem, Adrian Cronauer
Federal Communications Law Journal
The "Fairness Doctrine" refers to a former policy of the Federal Communications Commission wherein a broadcast station which presented one viewpoint on a controversial public issue had to afford the opposing viewpoint an opportunity to be heard. The FCC ceased to enforce the doctrine in 1987, reasoning that the doctrine actually decreased the viewpoints heard by discouraging broadcasters from covering controversial issues out of fear of censure by the FCC. The Author explores the historical development of the Fairness Doctrine and examines the flaws with the different rationales upon which the doctrine is based. The Autho concludes that today's marketplace …
A Critique Of An Illegal Conduct Limitation On The Reporters' Privilege Not To Testify, Leslie A. Warren
A Critique Of An Illegal Conduct Limitation On The Reporters' Privilege Not To Testify, Leslie A. Warren
Federal Communications Law Journal
The First Amendment is commonly interpreted to allow reporters a qualified privilege not to testify. By compelling testimony only where the party requesting the information meets the elements of a three-part test, a court balances the interests of the requesting party with those of the reporter. The court in United States v. Sanusi applied this traditional test and found that the defendant met the elements. However, the court also added a new restriction on the privilege. This Note argues that the additional limitation, requiring that the court be confident that the privilege not be "justifying otherwise illegal conduct," is an …
Abortion On The Air: Broadcasters And Indecent Political Advertising, Milagros Rivera-Sanchez, Paul H. Gates Jr.
Abortion On The Air: Broadcasters And Indecent Political Advertising, Milagros Rivera-Sanchez, Paul H. Gates Jr.
Federal Communications Law Journal
Section 315(a) of the Communications Act--the anti-censorship provision--allows for the presentation of candidates' unvarnished positions on issues important to the voting public. In the 1990s, ads centered around abortion caused a collision between the interests of political candidates and broadcasters. The Article reviews broadcasters' attempts to use the indecency provisions of the Communications Act to channel controversial political advertisements. The Authors conclude that airing potentially indecent political ads is unlikely to result in sanctions for broadcasters.
The Children's Hour Revisited: The Children's Television Act Of 1990, Diane Aden Hayes
The Children's Hour Revisited: The Children's Television Act Of 1990, Diane Aden Hayes
Federal Communications Law Journal
The Children's Television Act of 1990 was created to reduce advertising during children's programming and increase the number of educational programs for children. But by 1993 media watchers found that violations were frequent, and that what was purported to be educational television was often little more than cartoons. This Note argues that the apparent failure of the Act stems primarily from its vague standards. To correct these problems, more explicit regulations are necessary. Because new regulations can only go so far before they invade broadcasters' First Amendment rights, broadcasters and the FCC will have to compromise to create a workable …
Feminist Jurisprudence And Free Speech Theory, Susan H. Williams
Feminist Jurisprudence And Free Speech Theory, Susan H. Williams
Articles by Maurer Faculty
No abstract provided.
Different Religions, Different Politics: Evaluating The Role Of Competing Religious Traditions In American Politics And Law, Daniel O. Conkle
Different Religions, Different Politics: Evaluating The Role Of Competing Religious Traditions In American Politics And Law, Daniel O. Conkle
Articles by Maurer Faculty
In addressing the role of religion in politics and law, American political theory has strongly embraced the principle of religious equality. In this article, I explain how this principle has evolved and how it has nourished the privatization of religion and the secularization of public discourse by generating the view that public evaluations of religion are inappropriate. Under this view, religion is a private good that lacks public significance. As matters merely of private taste, matters that cannot be evaluated publicly, religious positions on political issues are not to be "imposed" on other citizens.
I challenge this reading of the …