Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- First Amendment (12)
- Communications Law (8)
- Constitutional Law (5)
- Entertainment, Arts, and Sports Law (3)
- Juvenile Law (3)
-
- Legislation (3)
- Administrative Law (2)
- Internet Law (2)
- Jurisprudence (2)
- Library and Information Science (2)
- Social and Behavioral Sciences (2)
- Antitrust and Trade Regulation (1)
- Comparative and Foreign Law (1)
- Education Law (1)
- Intellectual Property Law (1)
- Law and Politics (1)
- Legal Biography (1)
- Legal Education (1)
- Legal Profession (1)
- Litigation (1)
- Publication Year
- Publication
- Publication Type
Articles 1 - 17 of 17
Full-Text Articles in Law
Levels Of Free Speech Scrutiny, Alexander Tsesis
Levels Of Free Speech Scrutiny, Alexander Tsesis
Indiana Law Journal
Inconsistencies abound throughout current exacting, strict, and most exacting scrutiny doctrines. Formalism also runs throughout recent cases that have opportunistically relied on the First Amendment in matters peripherally concerned with core principles of free speech. Jurisprudence that relies on the exacting scrutiny standard remains significantly under-theorized. The uncertainty creates doctrinal flux that shifts from case-to-case. The same unexplained malleability appears in the most exacting scrutiny jurisprudence. The Court, moreover, sometimes refers to these two standards as equivalent to strict scrutiny. On the other hand, during the last decade, and most recently in 2021, various opinions have also used exacting scrutiny …
Of Burning Houses And Roasting Pigs: Why Butler V. Michigan Remains A Key Free Speech Victory More Than A Half-Century Later, Clay Calvert
Of Burning Houses And Roasting Pigs: Why Butler V. Michigan Remains A Key Free Speech Victory More Than A Half-Century Later, Clay Calvert
Federal Communications Law Journal
More than fifty years after the U.S. Supreme Court rendered its unanimous decision in Butler v. Michigan, the case remains a pivotal-if unheralded and perhaps underappreciated-victory for freedom of speech. This Article analyzes the Butler principle and demonstrates how courts repeatedly apply it across different media platforms and in a myriad of factually distinct contexts, ranging from prohibitions on the sale of sex toys to bans on beer bottles with offensive labels. The Article initially provides an in-depth look at Butler, drawing on literary scholarship, historical newspaper articles from the time of the case, and other sources. It then illustrates …
It’S A Mad, Mad Internet: Globalization And The Challenges Presented By Internet Censorship, Jessica E. Bauml
It’S A Mad, Mad Internet: Globalization And The Challenges Presented By Internet Censorship, Jessica E. Bauml
Federal Communications Law Journal
The advent of the Internet has brought tremendous technological advancements and growth to the world. However, it has also become a source of conflict, particularly when different countries attempt to regulate this very ubiquitous and amorphous medium. The most notable controversy has arisen in China home to the world's most advanced system of Internet censorship, which levies harsh penalties on those who violate the country's strict censorship laws. China's "Great Firewall" has raised many eyebrows and is garnishing substantial criticism in response to the human rights abuses that result from the jailing and reported torture of Chinese dissidents. Yet the …
Regulating Student Speech: Suppression Versus Punishment, Emily Gold Waldman
Regulating Student Speech: Suppression Versus Punishment, Emily Gold Waldman
Indiana Law Journal
No abstract provided.
The Two-Step Evidentiary And Causation Quandary For Medium- Specific Laws Targeting Sexual And Violent Content: First Proving Harm And Injury To Silence Speech, Then Proving Redress And Rehabilitation Through Censorship, Clay Calvert
Federal Communications Law Journal
This Article argues that legislators today that want to suppress First Amendment-protected images of sexual and violent conduct conveyed on a specific medium face a steep two-step evidentiary burden. First, they must prove actual harm caused by the speech in question as it is conveyed on a specific medium--not the aggregate injury from viewing all media generallythat is sufficient to overcome free-speech rights. Second, even if sufficient harm from viewing violent or sexual content on a particular medium is proven by social science research, the government then must prove that its legislative remedy-its censorship of the harmful expression conveyed via …
Does Censorship Really Protect Children?, Michael Grossberg
Does Censorship Really Protect Children?, Michael Grossberg
Federal Communications Law Journal
Book Review: Not In Front of the Children, “Indecency,” Censorship, and the Innocence of Youth, Marjorie Heins, New York: Hill and Wang, 2001, 402 pages.
Marjorie Heins spent much of her career as a lawyer battling censorship with the American Civil Liberties Union. Today, she continues the fight as Director of the Free Expression Policy Project of the National Coalition Against Censorship. In an effort to understand the people who work to constrict the free flow of information, she stepped out of the trenches and into the library to do some research. Not In Front of the Children is the …
The First Amendment, Children, The Internet, And America's Public Libraries, Fred H. Cate
The First Amendment, Children, The Internet, And America's Public Libraries, Fred H. Cate
Articles by Maurer Faculty
No abstract provided.
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.
The Sensitive Society, James F. Fitzpatrick
The Sensitive Society, James F. Fitzpatrick
Federal Communications Law Journal
No abstract provided.
Jefferson On The Internet, Nicholas Johnson
Jefferson On The Internet, Nicholas Johnson
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.
Library Book Selection And The Public Schools: The Quest For The Archimedean Point, Mark G. Yudof
Library Book Selection And The Public Schools: The Quest For The Archimedean Point, Mark G. Yudof
Indiana Law Journal
No abstract provided.
The Censorship Of Violent Motion Pictures: A Constitutional Analysis, Mary B. Cook
The Censorship Of Violent Motion Pictures: A Constitutional Analysis, Mary B. Cook
Indiana Law Journal
No abstract provided.
Libraries, Librarians And First Amendment Freedoms, Robert M. O'Neil
Libraries, Librarians And First Amendment Freedoms, Robert M. O'Neil
Articles by Maurer Faculty
No abstract provided.
Censorship Won't Solve Problems, Dean Of Iu's Law School Believes, Ed Moss
Censorship Won't Solve Problems, Dean Of Iu's Law School Believes, Ed Moss
William Harvey (1966-1971)
No abstract provided.
Considerations In Determining Limitations On State Power To Regulate Motion Picture Content
Considerations In Determining Limitations On State Power To Regulate Motion Picture Content
Indiana Law Journal
No abstract provided.
Censorship And Free Speech, Byron Price