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Articles 1 - 30 of 55
Full-Text Articles in Law
Of Supervision, Centerfolds, And Censorship: Sexual Harassment, The First Amendment, And The Contours Of Title Vii, Amy Horton
University of Miami Law Review
No abstract provided.
Corporate Legal Theory Under The First Amendment: Bellotti And Austin, Charles D. Watts Jr.
Corporate Legal Theory Under The First Amendment: Bellotti And Austin, Charles D. Watts Jr.
University of Miami Law Review
No abstract provided.
Antimask Laws: Exploring The Outer Bounds Of Protected Speech Under The First Amendment—State V. Miller, 260 Ga. 669, 398 S.E.2d 547 (1990), Oskar E. Rey
Washington Law Review
In State v. Miller, the Supreme Court of Georgia held that the Georgia Antimask Statute does not violate free speech rights under the first amendment of the United States Constitution. Antimask statutes prohibit, with certain exceptions, the wearing of masks in a public place. The stated purposes of these statutes vary, but it is fairly clear that antimask laws are designed to deter Ku Klux Klan activity. This Note explores the first amendment implications of antimask laws, and concludes that antimask statutes are unconstitutional.
Sex, Lies And Videotape: The Pornographer As Censor, Marianne Wesson
Sex, Lies And Videotape: The Pornographer As Censor, Marianne Wesson
Washington Law Review
The legal branch of the women's movement, although of one mind on some subjects, is divided on the proper approach to pornography. Some feminists oppose the imposition of any legal burdens on pornography because they fear that feminist speech will be caught in the general suppression, and others believe that any such burdens must violate the first amendment. Professor Wesson suggests that pornography should be defined to include only those materials that equate sexual pleasure with the infliction of violence or pain, and imply approval of conduct that generates the actor's arousal or satisfaction through this infliction. So defined, pornography …
Rust V. Sullivan: The Supreme Court Upholds The Title X Abortion-Counseling Gag Rule, Scott E. Johnson
Rust V. Sullivan: The Supreme Court Upholds The Title X Abortion-Counseling Gag Rule, Scott E. Johnson
West Virginia Law Review
No abstract provided.
Legacy - A Conversation With James Madison, Rodney A. Smolla
Legacy - A Conversation With James Madison, Rodney A. Smolla
Popular Media
No abstract provided.
Draft Of From Privacy To Publicity - 1991, Wendy J. Gordon
Draft Of From Privacy To Publicity - 1991, Wendy J. Gordon
Scholarship Chronologically
In defense of a "right 'to be let alone'", Warren and Brandeis published their landmark article, The Right to Privacy, approximately one hundred years ago. Over seventy years later, the American Law Institute endorsed a tort right in defense of privacy, and also included in its section on privacy rights a cause of action to redress "appropriation" of one's "name or likeness". Since then courts have used various bases to grant celebrities rights to protect their commercial identities from commercial exploitation by others. Although most states now recognize a right of publicity either by judicial decision or statute, the cause …
First Amendment - What Content Restrictions Can Congress Place On Nea Grants?, William Bradford Reynolds, Rodney A. Smolla
First Amendment - What Content Restrictions Can Congress Place On Nea Grants?, William Bradford Reynolds, Rodney A. Smolla
Popular Media
No abstract provided.
The New York Law School Reporter, Vol 8, No. 2, May 1991, New York Law School
The New York Law School Reporter, Vol 8, No. 2, May 1991, New York Law School
Student Newspapers
No abstract provided.
Prescription Drug Approval And Terminal Diseases: Desperate Times Require Desperate Measures, John P. Dillman
Prescription Drug Approval And Terminal Diseases: Desperate Times Require Desperate Measures, John P. Dillman
Vanderbilt Law Review
It is no surprise that the press, in exercising its traditional first amendment freedom, often discloses truthful information about individuals that those individuals would prefer to keep private. An inevitable tension exists between the public's right to know and the individual's right to be let alone.' What is surprising, however, especially given the historic recognition of both a free press and individual privacy as rights fundamental to the preservation of American society, is that the privacy interests of the individual almost always lose. The prevalent rationale for this lopsided result is that the first amendment protects the values promoted by …
The Meaning Of Dissent, Lee C. Bollinger
The Meaning Of Dissent, Lee C. Bollinger
Michigan Law Review
A Review of The First Amendment, Democracy, and Romance by Steven H. Shiffrin
The Political Economy Of Congressional Social Policymaking: United States V. Eichman And Texas V. Johnson, George Steven Swan
The Political Economy Of Congressional Social Policymaking: United States V. Eichman And Texas V. Johnson, George Steven Swan
North Carolina Central Law Review
No abstract provided.
The First Amendment At Home And Abroad, Pnina Lahav
The First Amendment At Home And Abroad, Pnina Lahav
Faculty Scholarship
The powerful appeal of the First Amendment flows from the rhetoric it has inspired. Holmes's "[W]hen men have realized that time has upset many fighting faiths, they may come to believe ... that the best test of truth is the power of the thought to get itself accepted in the competition of the market"; Brandeis's " ... the greatest menace to freedom is an inert people; ... order cannot be secured merely through fear of punishment for its infraction; ... it is hazardous to discourage thought, hope and imagination; fear breeds repression; ... repression breeds hate; ... hate menaces stable …
Equality And Freedom Of Expression: The Hate Speech Dilemma, Toni M. Massaro
Equality And Freedom Of Expression: The Hate Speech Dilemma, Toni M. Massaro
William & Mary Law Review
No abstract provided.
Introduction: Exercises In The Regulation Of Hate Speech, Rodney A. Smolla
Introduction: Exercises In The Regulation Of Hate Speech, Rodney A. Smolla
William & Mary Law Review
No abstract provided.
Racist Speech, Democracy, And The First Amendment, Robert C. Post
Racist Speech, Democracy, And The First Amendment, Robert C. Post
William & Mary Law Review
No abstract provided.
The Trouble With Protest, Kenneth Lasson
The Trouble With Protest, Kenneth Lasson
All Faculty Scholarship
No abstract provided.
Freedom Of Speech And The Flag Anti-Desecration Amendment: Antinomies Of Constitutional Choice, William W. Van Alstyne
Freedom Of Speech And The Flag Anti-Desecration Amendment: Antinomies Of Constitutional Choice, William W. Van Alstyne
Faculty Publications
No abstract provided.
To Stimulate, Provoke, Or Incite? Hate Speech And The First Amendment, Kenneth Lasson
To Stimulate, Provoke, Or Incite? Hate Speech And The First Amendment, Kenneth Lasson
All Faculty Scholarship
If protecting freedom of speech is one of mankind's noblest pursuits, then restricting it is the most difficult. Yet limit we must: even the purest civil libertarian will concede that false shouts of fire cannot be countenanced nor broadcasts of wartime troop movements; even those who object to obscenity laws recognize the need for enabling redress of libel; and even those who would protect the right to be insulting do not defend inflammatory words spit out nose-to-nose. Now a spate of "speech codes" on college campuses has once again brought the first amendment to the fore, part of a simmering …
Foreword: Racist Speech On Campus, Kingsley R. Browne
Foreword: Racist Speech On Campus, Kingsley R. Browne
Law Faculty Research Publications
No abstract provided.
Doe V. University Of Michigan And Campus Bans On "Racist Speech": The View From Within, Robert A. Sedler
Doe V. University Of Michigan And Campus Bans On "Racist Speech": The View From Within, Robert A. Sedler
Law Faculty Research Publications
No abstract provided.
Justice Harlan And The Bill Of Rights: A Model For How A Classic Conservative Court Would Enforce The Bill Of Rights, Nadine Strossen
Justice Harlan And The Bill Of Rights: A Model For How A Classic Conservative Court Would Enforce The Bill Of Rights, Nadine Strossen
Articles & Chapters
No abstract provided.
Managed News, Stifled Views: Free Expression As A Casualty Of The Persian Gulf War, Gara Lamarche
Managed News, Stifled Views: Free Expression As A Casualty Of The Persian Gulf War, Gara Lamarche
NYLS Journal of Human Rights
No abstract provided.
Artists, Grants And Rights: The Nea Controversy Revisited, Robert M. O'Neil
Artists, Grants And Rights: The Nea Controversy Revisited, Robert M. O'Neil
NYLS Journal of Human Rights
No abstract provided.
Constitutional Law: Nude Dancing And Political Speech As Protected Expression- The Scope Of The Due Process Guarantee, Rosalie Levinson
Constitutional Law: Nude Dancing And Political Speech As Protected Expression- The Scope Of The Due Process Guarantee, Rosalie Levinson
Law Faculty Publications
In a 1988 address, Chief Justice Shepard invited Indiana practitioners to reexamine the Indiana Constitution as a potentially significant source for the protection of individual liberty. Although there has been some movement in this direction in defending the rights of criminals, there has been little civil rights litigation brought under the Indiana Constitution. Therefore, this Article will explore state and federal court cases that raise significant federal constitutional issues implicating Indiana law and Indiana litigants. The most noteworthy cases during the survey period dealt with freedom of expression and the due process clause.
The First Amendment In Litigation: The Law Of The First Amendment, Robert Allen Sedler
The First Amendment In Litigation: The Law Of The First Amendment, Robert Allen Sedler
Law Faculty Research Publications
No abstract provided.
Allocating The Costs Of Parental Free Exercise : Striking A New Balance Between Sincere Religious Belief And A Child's Right To Medical Treatment, Paula A. Monopoli
Allocating The Costs Of Parental Free Exercise : Striking A New Balance Between Sincere Religious Belief And A Child's Right To Medical Treatment, Paula A. Monopoli
Faculty Scholarship
No abstract provided.
Title Vii As Censorship: Hostile Environment Harassment And The First Amendment, Kingsley R. Browne
Title Vii As Censorship: Hostile Environment Harassment And The First Amendment, Kingsley R. Browne
Law Faculty Research Publications
No abstract provided.
Sex, Lies And Videotape: The Pornographer As Censor, Marianne Wesson
Sex, Lies And Videotape: The Pornographer As Censor, Marianne Wesson
Publications
The legal branch of the women's movement, although of one mind on some subjects, is divided on the proper approach to pornography. Some feminists oppose the imposition of any legal burdens on pornography because they fear that feminist speech will be caught in the general suppression, and others believe that any such burdens must violate the first amendment. Professor Wesson suggests that pornography should be defined to include only those materials that equate sexual pleasure with the infliction of violence or pain, and imply approval of conduct that generates the actor's arousal or satisfaction through this infliction. So defined, pornography …
Affirmative Action In The Marketplace Of Ideas, Rodney A. Smolla
Affirmative Action In The Marketplace Of Ideas, Rodney A. Smolla
Scholarly Articles
Not available.