Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- First amendment (12)
- Free speech (9)
- Social media (7)
- Freedom of speech (5)
- First Amendment (4)
-
- Pornography (3)
- Privacy (3)
- Students (3)
- Ag-gag laws (2)
- Athletes (2)
- Copyright (2)
- Free Speech (2)
- Internet (2)
- Protest (2)
- Abuse (1)
- Agricultural disparagement (1)
- Algorithms (1)
- Amendment (1)
- Animal cruelty (1)
- Australia (1)
- Beef Products v. ABC News (1)
- Behavior (1)
- Climate change (1)
- Climate protest (1)
- Colin Kaepernick (1)
- College athletes (1)
- Commercial speech (1)
- Communications Decency Act (1)
- Comparative law (1)
- Conspiracy (1)
- Publication Year
- Publication
- Publication Type
Articles 31 - 38 of 38
Full-Text Articles in Law
United States V. Stevens: Win, Loss, Or Draw For Animals?, David N. Cassuto
United States V. Stevens: Win, Loss, Or Draw For Animals?, David N. Cassuto
Elisabeth Haub School of Law Faculty Publications
Robert J. Stevens, proprietor of “Dogs of Velvet and Steel,” was indicted for marketing dog-fighting videos in violation of 18 U.S.C. §48, a law criminalizing visual or auditory depictions of animals being “intentionally mutilated, tortured, wounded, or killed” if such conduct violated federal or state law where “the creation, sale, or possession [of such materials]” takes place.” The law aimed principally at makers and distributors of “crush videos” wherein women wearing high heels and depicted from the waist down, grind small animals to death. However, the language of 18 U.S.C. §48 extended to dog-fighting as well. Stevens challenged the law …
Copyright Law And Pornography, Ann Bartow
Copyright Law And Pornography, Ann Bartow
Elisabeth Haub School of Law Faculty Publications
Sex-for-hire is usually illegal, unless it is being filmed. Debates about pornography tread uneasily into legal terrain that implicates freedom of expression under the First Amendment, the specter of censorship, and genuine concerns about the function and role of pornography in persistent gender inequality. It is less common for conversations about pornography to include a discussion of copyright law. Yet copyright law is a powerful tool that operates to protect the financial interests of pornographers. Owners of copyrighted pornography frequently threaten public exposure of an alleged infringer’s consumption habits in order to force a financial settlement. Thus copyright law operates …
Government May Not Speak Out-Of-Turn, Steven H. Goldberg
Government May Not Speak Out-Of-Turn, Steven H. Goldberg
Elisabeth Haub School of Law Faculty Publications
Johanns v. Livestock Marketing Association5 was about whether government could compel individual beef producers to pay for general beef advertising credited to "America's Beef Producers;" even if they disagreed with the message and wanted to spend their advertising money to distinguish their certified Angus or Hereford beef. That "compelled subsidy" case became the unlikely authority for a doctrine invented in Pleasant Grove City, Utah v. Summum6 that government could discriminate, based on viewpoint, on a subject for which it had no power to act. Each case has been criticized in its own right, but the attempt to make Johanns precedent …
Facebook Fatalities: Students, Social Networking, And The First Amendment, Thomas Wheeler
Facebook Fatalities: Students, Social Networking, And The First Amendment, Thomas Wheeler
Pace Law Review
No abstract provided.
Morse V. Frederick: Evaluating A Supreme Hit To Students' First Amendment Rights, Kellie A. Cairns
Morse V. Frederick: Evaluating A Supreme Hit To Students' First Amendment Rights, Kellie A. Cairns
Pace Law Review
No abstract provided.
Balancing Individual And Societal Interests Under The First Amendment: How The Eighth Circuit Saved Fantasy Baseball, Salvatore Vetrini
Balancing Individual And Societal Interests Under The First Amendment: How The Eighth Circuit Saved Fantasy Baseball, Salvatore Vetrini
Pace Law Review
No abstract provided.
Balancing Freedom Of Speech With The Right To Privacy: How To Legally Cope With The Funeral Protest Problem , Anna Zwierz Messar
Balancing Freedom Of Speech With The Right To Privacy: How To Legally Cope With The Funeral Protest Problem , Anna Zwierz Messar
Pace Law Review
No abstract provided.
Eras Of The First Amendment, David S. Yassky
Eras Of The First Amendment, David S. Yassky
Elisabeth Haub School of Law Faculty Publications
Part I will begin the story with the Founders' understanding of the structural role of the First Amendment. In this understanding, the First Amendment served as a bulwark of state independence. Along with the rest of the Bill of Rights, the First Amendment had as its primary purpose maintenance of the federal system--or, more precisely, protection of the states against federal government overreaching. The Founders' plan left the individual states entirely free to regulate speech, while strictly prohibiting the federal government from displacing the states' various speech regimes.
When the Civil War dramatically reshaped the federal-state relationship, the structural purpose …