Law Commons^™

Antisemitism In The Academic Voice: Confronting Bigotry Under The First Amendment, Kenneth Lasson

All Faculty Scholarship

The romanticized vision of life in the Ivory Tower - a peaceful haven where learned professors ponder higher thoughts and where students roam orderly quadrangles in quest of truth and other pleasures - has long been relegated to yesteryear. While universities like to nurture the perception that they are protectors of reasoned discourse, and indeed often perceive themselves as sacrosanct places of culture in a chaotic world, the modern campus, of course, is not quite so wonderful.

This chapter examines the relationship between antisemitic and anti-Zionist speech and conduct, how they both play out on contemporary university campuses - and …

Astrachan And Easton: Fight Wikileaks Case In Court, Not In Cyberspace, James B. Astrachan, Eric Easton

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No abstract provided.

Defending Truth: Legal And Psychological Aspects Of Holocaust Denial, Kenneth Lasson

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From the still-burning embers of the Holocaust we have come once again to learn the terrible truth, that the power of Evil still lurks among the nations of the world, and cannot be underestimated. Nor can the effect of the spoken and written word, which in modern times must be taken in tandem with the violence of terrorism. Part I describes the background and nature of Holocaust denial, tracing the Nazis' adoption of a plan for the A "Final Solution of the Jewish Problem" through the post-War Nuremberg Trials to the present day. Part II examines the tension between free …

Some Learning Opportunities From The Imus Affair, Kenneth Lasson

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The author discusses the broader issues of free speech under the surface of the Don Imus affair, where that commentator made a gratuitous slur about the Rutgers women's basketball team. He balances this gaff against the good deeds of the same personality, comparing this with similar provocative remarks made by other well-known public figures. The media is cited for an overreaction to the Imus incident, and all these components are discussed in light of what free speech means.

Scholarly And Scientific Boycotts Of Israel: Abusing The Academic Enterprise, Kenneth Lasson

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Veritas vos liberabit, chanted the scholastics of yesteryear. The truth will set you free, echo their latter-day counterparts in the academy.

Universities like themselves to be perceived as places of culture in a chaotic world, protectors of reasoned discourse, peaceful havens for learned professors roaming orderly quadrangles and pondering higher thoughts-a community of scholars seeking knowledge in sylvan tranquility.

The real world of higher education, of course, is not quite so wonderful.

Instead of a feast for unfettered intellectual curiosity, much of the modern academy is dominated by curricular deconstructionists who disdain western civilization, people who call themselves multiculturalists but, …

Incitement In The Mosques: Testing The Limits Of Free Speech And Religious Liberty, Kenneth Lasson

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In times of terror and tension, civil liberties are at their greatest peril. Nowadays, no individual rights are more in jeopardy than the freedoms of speech and religion. This is true particularly for followers of Islam, whose leaders have become increasingly radical in both their preaching and practice. "Kill the Jews!" and "Kill the Americans!" are chants heard regularly in many Middle Eastern mosques, as frightful echoes of the fatwa are issued by today's quintessential terrorist, Osama bin Laden. The incitement continues unabated to this day. In April of 2004, for example, a Muslim preacher at the Al-Aqsa Mosque in …

The Other Sullivan Case, Garrett Epps, Garrett Epps

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The standard triumphalist narrative of NEW YORK TIMES V. SULLIVAN celebrates the Supreme Court's defense of free speech and press in the case's vindication of powerful journalistic institution. Ignored in this story is the story of the local defendants, civil rights leaders in Alabama who had their solvency threatened by the state courts' vindictive action against them. These defendants challenged the segregated proceedings used in court to affix liability to them—but the Supreme Court ignored their arguments and ignored the racial-equality and individual-rights aspects of the case. From their point of view, SULLIVAN might be so unalloyed a triumph.

Adjudicative Speech And The First Amendment, Christopher J. Peters

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While political speech - speech intended to influence political decisions - is afforded the highest protection under the First Amendment, adjudicative speech - speech intended to influence court decisions - is regularly and systematically constrained by rules of evidence, canons of professional ethics, judicial gag orders, and similar devices. Yet court decisions can be as important, both to the litigants and to society at large, as political decisions. How then can our practice of severely constraining adjudicative speech be justified as consistent with First Amendment principles?

This Article attempts to answer that question in a way that is informative about …

Rewriting Near V. Minnesota: Creating A Complete Definition Of Prior Restraint, Michael I. Meyerson

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The decision in Near v. Minnesota, while establishing the prior restraint doctrine as a critical element for First Amendment analysis, failed to give a definition of prior restraint. The result has been inconsistent and unpredictable application of the doctrine as well as diminished protection of free expression. This article takes the next critical step in the journey begun by Near v. Minnesota; it attempts to create a comprehensive definition of prior restraint using the principles of separation of powers. Because all three branches can create 'prior restraints,' the prevention of unconstitutional restraints will necessitate different safeguards depending on which branch …

The Neglected History Of The Prior Restraint Doctrine: Rediscovering The Link Between The First Amendment And The Separation Of Powers, Michael I. Meyerson

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The prior restraint doctrine, once so fundamental to Constitutional Jurisprudence, has lost much of its effectiveness over the years. Nevertheless, prior restraint doctrine is crucial to preserving the line between protected and unprotected speech. One of the fundamental problems that contribute to the current ineffectiveness of prior restraint doctrine is that there exists no comprehensive definition of "prior restraint". This article chronicles the historical roots of prior restraint in order to arrive at a generally accepted legal definition. Through the course of this historical journey, the article yields a heretofore unexplored aspect of prior restraint doctrine, namely that prior restraint …

Sovereign Indignity? Values, Borders And The Internet: A Case Study, Eric Easton

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This article focuses on the publication ban issued by a Canadian court in a notorious murder trial, and the popular reaction to the publication ban, as a case study of the new global communications environment. Part I reconstructs the factual circumstances that provoked the ban, as well as the responses of the media, the legal establishment, and the public. Part II examines the ban itself, the constitutional challenge mounted by the media, and the landmark Dagenais decision. Part III reflects on the meaning of the entire episode for law, journalism, and national sovereignty.

The Dagenais decision demonstrates the continued independence …

Free Speech Faces Hostile Environment: An Aggressive Hunt For Sex Harassment Leaves Plenty Of Wreckage, Kenneth Lasson

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Take the case of James Maas, who has been teaching at Cornell University for more than 30 years and whose Psychology 101 is perhaps the largest undergraduate course in the country (attracting about 1,000 students every semester). He was won numerous teaching awards. In 1994, Mr. Maas was called before Cornell's "Professional Ethics Committee" to defend himself against charges of sexual harassment. The allegations centered around his "overly friendly and affectionate behavior" - which, it turns out, were hugs and occasional social kisses, most often in front of class or family.

The most notable example of a professor who stood …

Authors, Editors, And Uncommon Carriers: Identifying The "Speaker" Within The New Media, Michael I. Meyerson

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First Amendment analysis has historically depended on whether a party is a speaker, an editor, or a carrier. With communications technology rapidly evolving, determining which category is appropriate becomes increasingly complex, and ascertaining the First Amendment protections that are applied to various actors in the process of diffusing ideas becomes difficult. This article looks to the historical treatment of the First Amendment rights of speakers, editors, and distributors. This article traces the Supreme Court’s treatment of speech regulations on new technologies, from telegraph and telephone regulations to the seminal Turner Broadcast System, Inc. v. FCC case that created rules for …

Virtual Constitutions: The Creation Of Rules For Governing Private Networks, Michael I. Meyerson

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This article discusses the legal issues involving the owners of private computer networks. These issues include public/private network distinctions, First Amendment free speech issues, liability for computer network owners for improper speech posted on their networks, and anti-trust questions. The article analyzes the complexities that result from different forms of network ownership and the relationship of such networks to governmental entities.

Free Speech: It's Great For Hate, Kenneth Lasson

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No abstract provided.

Racism In Great Britain: Drawing The Line On Free Speech, Kenneth Lasson

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On any given Sunday in Hyde Park, London's huge urban sanctuary of tailored ponds and manicured gardens, one is likely to hear outrageous and provocative public utterances about race and religion. A few of those venting their spleen here are practicing rhetoricians, a few are clearly acting-but others are absolutely sincere in their hatemongering and passionate in their vilification. All of them are focal points for assembled spectators of varying classes, many of whom are professional hecklers. The police, milling about to put down possible disturbances of the peace, are seldom called upon to quell roused rabble. Thus is this …

Group Libel Versus Free Speech: When Big Brother Should Butt In, Kenneth Lasson

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The year 1984 may not have fulfilled Orwellian prophecies of governmental totalitarianism, but citizens of the world remain no less concerned about the quality of their civil liberties. If people could live peacefully and productively together under a strict caste system, or blissfully in enslavement, there would be little impetus to identify 'natural rights' nor insistence upon what we know as 'freedom.' But human experience has amply demonstrated the universal yearning for personal liberty, as well as the need to legislate against its deprivation.

Thus Big Brother has been the enemy from long before the Magna Carta and long since …