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Full-Text Articles in Law
Bono, The Culture Wars, And A Profane Decision: The Fcc's Reversal Of Course On Indecency Determinations And Its New Path On Profanity, Clay Calvert
Seattle University Law Review
This article examines the FCC's vigorous new approach to indecency and profanity determinations, including both the legal issues and the greater cultural, political, economic, and social contexts in which that approach is developing. Part I describes the FCC's initial decision regarding the Golden Globes' 2003 broadcast and then compares it with the March 2004 reversal. In the process, Part I lays the historical framework for the FCC's power over indecent expression on the public airwaves. Part II then contextualizes the FCC's new course of action within the framework of the ongoing cultural wars and political battles in the United States …
Protecting Children From Pornography On The Internet: Freedom Of Speech Is Pitching And Congress May Strike Out, Dawn S. Conrad
Protecting Children From Pornography On The Internet: Freedom Of Speech Is Pitching And Congress May Strike Out, Dawn S. Conrad
Richmond Journal of Law & Technology
The Internet provides the First Amendment’s “freedom of speech” with a world of opportunity. Any person with access to the Internet may take advantage of a wide variety of information and communication methods. This unique medium, known to its users as cyberspace, is located in no particular geographical location and has no centralized control point, but is available to anyone, anywhere in the world with access." In the past twenty years, the Internet, a network of connected computers, has experienced extraordinary growth. The number of “host” computers, or those that store information and relay communications, increased between the years of …
"Indecent" Language: A New Class Of Prohibitable Speech? F.C.C. V. Pacifica Foundation, Robert T. Billingsley
"Indecent" Language: A New Class Of Prohibitable Speech? F.C.C. V. Pacifica Foundation, Robert T. Billingsley
University of Richmond Law Review
Courts in this country have long recognized that the first amendment guarantee of freedom of speech, while written in absolute terms, is not an unyielding bar to all government regulation. The basic question left unresolved, however, is under what circumstances the government may intervene on behalf of itself or its citizens to place restrictions upon the great protected right of communication. Mr. Justice Holmes, speaking for the Supreme Court in Schenck v. United States, indicated that the question was whether the words used would create a "clear and present danger" of bringing about "substantive evils that Congress has a right …
The "Seven Dirty Words" Decision: A Potential Scrubbrush For Commercials On Children's Television?, Gerald J. Thain
The "Seven Dirty Words" Decision: A Potential Scrubbrush For Commercials On Children's Television?, Gerald J. Thain
Kentucky Law Journal
No abstract provided.
The Impact Of Pacifica Foundation On Two Traditions Of Freedom Of Expression, Stephen W. Gard, Jeffrey Endress
The Impact Of Pacifica Foundation On Two Traditions Of Freedom Of Expression, Stephen W. Gard, Jeffrey Endress
Cleveland State Law Review
The United States Supreme Court, in FCC v. Pacifica Foundation, had a magnificent opportunity to either begin the process of defining first amendment limitations on the scope of the authority of the FCC to regulate the content of broadcast expression, explicate a rational ground for the differential status of broadcasting, or perhaps both. The purpose of this article is not to debate the wisdom of the use of sensitive language on the electronic media or elsewhere. Nor is it our purpose to debate the substantive question of whether the Court reached the proper result in Pacifica, although we will necessarily …
The Impact Of Pacifica Foundation On Two Traditions Of Freedom Of Expression, Stephen W. Gard, Jeffrey Endress
The Impact Of Pacifica Foundation On Two Traditions Of Freedom Of Expression, Stephen W. Gard, Jeffrey Endress
Cleveland State Law Review
The United States Supreme Court, in FCC v. Pacifica Foundation, had a magnificent opportunity to either begin the process of defining first amendment limitations on the scope of the authority of the FCC to regulate the content of broadcast expression, explicate a rational ground for the differential status of broadcasting, or perhaps both. The purpose of this article is not to debate the wisdom of the use of sensitive language on the electronic media or elsewhere. Nor is it our purpose to debate the substantive question of whether the Court reached the proper result in Pacifica, although we will necessarily …