Law Commons^™

Congress, The Internet, And The Intractable Pornography Problem: The Child Online Protection Act Of 1998, Timothy Zick

Timothy Zick

No abstract provided.

Limitations On Corporate Speech: Protection For Shareholders Or Abridgement Of Expression?, Alan J. Meese

Alan J. Meese

No abstract provided.

The Life Of The Mind And A Life Of Meaning: Reflections On Fahrenheit 451, Rodney A. Smolla

Rod Smolla

Not available.

Freedom Of Speech For Libraries And Librarians, Rodney A. Smolla

Rod Smolla

Noting the recent bicentennial of the First Amendment to the United States Constitution, Professor Smolla considers the role of librarians in opposing censorship. He proposes a new principle of "professionalism" to establish the librarian's role, and discusses the principle in light of the Supreme Court's decision in Board of Education v. Pico.

Propaganda, Xenophobia, And The First Amendment, Rodney A. Smolla, Stephen A. Smith

Rod Smolla

No abstract provided.

Library Book Selection And The Public Schools: The Quest For The Archimedean Point, Mark G. Yudof

Mark G Yudof

No abstract provided.

How Not To Criminalize Cyberbullying, Lyrissa Barnett Lidsky, Andrea Garcia

Lyrissa Barnett Lidsky

This essay provides a sustained constitutional critique of the growing body of laws criminalizing cyberbullying. These laws typically proceed by either modernizing existing harassment and stalking laws or crafting new criminal offenses. Both paths are beset with First Amendment perils, which this essay illustrates through 'case studies' of selected legislative efforts. Though sympathetic to the aims of these new laws, this essay contends that reflexive criminalization in response to tragic cyberbullying incidents has led law-makers to conflate cyberbullying as a social problem with cyberbullying as a criminal problem, creating pernicious consequences. The legislative zeal to eradicate cyberbullying potentially produces disproportionate …

The Illegal Process: Basic Problems In The Making And Application Of Censorship, James Grimmelmann

James Grimmelmann

This essay is a response to Derek Bambauer's article Orwell's Armchair, which proposes "[a] statute enabling censorship of Internet materia." Bambauer's theory is process-oriented: it focuses on the institutions that engage in censorship and the procedures that they follow. Accordingly, the essay examines his arguments through the lens of the canonical Legal Process text: Hart and Sacks' The Legal Process. A series of notes and queries inquire whether his proposed statute would limit censorship, regularize it, or legitimate it.

Liberalism In Decline: Legislative Trends Limiting Religious Freedom In Russia And Central Asia, Elizabeth A. Clark

Elizabeth A. Clark

Submission To The Alrc National Classification Review, Kimberlee G. Weatherall

Kimberlee G Weatherall

This submission addresses online censorship in Australia. It was made to the Australian Law Reform Commission (ALRC) in response to its Issues Paper in the National Classification Review.

La Libertad De Expresión En Internet Y Sus Garantías Constitucionales En El Control De Contenidos De Páginas Web, Germán M. Teruel Lozano

Germán M. Teruel Lozano

Master's thesis about freedom of speech in Internet and the constitutional guarantees in the control of websides content.

"Censorship In The Video Game Industry: Government Intervention Or Parental Controls?", Richard J. Hunter Jr., Hector R. Lozada, Ann Mayo

Richard J Hunter Jr.

The article is a comprehensive review of the constitutional issues surrounding legislation which regulates the video game industry in the context of the Illinois Sexually Explicit Video Game Law (SEVGL). The article reviews the process of the Entertainment Software Rating Board (ESRB), the application of strict scrutiny analysis by the Court of Appeals, the discussion relating to the constitutionality of the SEVGL, and revisits the important precedents found in Ginsberg and Miller. The article offers a suggestion for future legislative efforts in the area of regulation of this important industry.

Fcc V. Fox Television Stations, Inc. : Towards An Even More Deferential Judiciary?, Alan Moe

Alan W Moe Jr

Censorship has always been a polemical area of constitutional law. The controversy is further amplified when administrative agencies deal with sensitive areas of constitutional liberties. In FCC v. Fox Television Stations, Inc., 129 S.Ct. 1800, 1807 (2009), the U.S. Supreme Court dealt with an important issue of constitutional law and its intersection with the standard of judicial review for administrative agencies’ actions. In this case, the Court upheld the Federal Communications Commission’s about-face on its relatively conservative approach to the censorship of broadcasts for reasons of indecency in 2004. The FCC applied against Fox Television Stations its new policy of …

Newspaper Theft, Self-Preservation And The Dimensions Of Censorship, Erik Ugland, Jennifer Lambe

Erik Ugland

One of the most common yet understudied means of suppressing free expression on college and university campuses is the theft of freely-distributed student publications, particularly newspapers. This study examines news accounts of nearly 300 newspaper theft incidents at colleges and universities between 1995 and 2008 in order to identify the manifestations and consequences of this peculiar form of censorship, and to augment existing research on censorship and tolerance by looking not at what people say about free expression but at what they do when they have the power of censorship in their own hands. Among the key findings is that …

Women In The Web Of Secondary Copyright Liability And Internet Filtering, Ann Bartow

Ann Bartow

This Essay suggests possible explanations for why there is not very much legal scholarship devoted to gender issues on the Internet; and it asserts that there is a powerful need for Internet legal theorists and activists to pay substantially more attention to the gender-based differences in communicative style and substance that have been imported from real space to cyberspace. Information portals, such as libraries and web logs, are "gendered" in ways that may not be facially apparent. Women are creating and experiencing social solidarity online in ways that male scholars and commentators do not seem to either recognize or deem …

Wilde On Trial: Psychic Injury, Exhibitionism And The Law, Kirby Farrell Prof

kirby farrell

A reassessment of Oscar Wilde's conviction for sexual offenses. Wilde's trial responded to polarization in fantasies of respectability in late Victorian culture, with the fear of social death underlying anxieties about homosexuality.