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1992

First Amendment

Institution
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Articles 1 - 30 of 82

Full-Text Articles in Law

First Amendment - Does Media Coverage Influence The Outcome Of Judicial Decisions?, Bruce Fein, Rodney A. Smolla Oct 1992

First Amendment - Does Media Coverage Influence The Outcome Of Judicial Decisions?, Bruce Fein, Rodney A. Smolla

Popular Media

No abstract provided.


State Compelled Spiritual Revelation: The First Amendment And Alcoholics Anonymous As A Condition Of Drunk Driving Probation, Christopher K. Smith Oct 1992

State Compelled Spiritual Revelation: The First Amendment And Alcoholics Anonymous As A Condition Of Drunk Driving Probation, Christopher K. Smith

William & Mary Bill of Rights Journal

No abstract provided.


Film At Eleven - Does The Press Have The Right To Attend And Videotape Executions, Neil E. Nussbaum Oct 1992

Film At Eleven - Does The Press Have The Right To Attend And Videotape Executions, Neil E. Nussbaum

North Carolina Central Law Review

No abstract provided.


Between The Devil And The Deep Blue Sea: Crime Victims' Dilemma After Simon & Schuster, Inc. V. Members Of The New York Crime Victims Board, 112 S. Ct. 501 (1991), Michele C. Meske Oct 1992

Between The Devil And The Deep Blue Sea: Crime Victims' Dilemma After Simon & Schuster, Inc. V. Members Of The New York Crime Victims Board, 112 S. Ct. 501 (1991), Michele C. Meske

Washington Law Review

In Simon & Schuster, Inc. v. Members of the New York Crime Victims Board, the Supreme Court held that a statute, New York's "Son of Sam" law, that allowed crime victims to reach the proceeds of their victimizers' media reenactments of the criminals' wrongful acts violated the First Amendment. By invalidating the statute, the Supreme Court eliminated the only presently available means to prevent criminals from profiting from their crimes and exploiting their victims. This Comment examines the origins of this problem and proposes that courts use restitutions common law doctrines to prevent criminals who sell their stories from profiting …


Regulating Cable Television Rates: A Phantom First Amendment Problem, Matthew Jolly Oct 1992

Regulating Cable Television Rates: A Phantom First Amendment Problem, Matthew Jolly

Washington Law Review

Public concern over cable television's status as a monopoly has generated a movement to allow local franchising authorities to regulate cable service rates. Because the courts have yet to hear a First Amendment challenge to imposing rate regulation on a member of the media, the constitutionality of cable rate regulation is not settled. This Comment argues that the restriction on speech resulting from rate regulation is outweighed by the substantial government interest in preventing unfair monopoly pricing practices.


Aals Speech, Wendy J. Gordon Sep 1992

Aals Speech, Wendy J. Gordon

Scholarship Chronologically

Marshall has also said I can speak as long as I want, so scream when you've had enough.


Section 4: Moot Court: Church Of The Lukumi Babulu Aye V. City Of Hialeah, Institute Of Bill Of Rights Law, William & Mary Law School Sep 1992

Section 4: Moot Court: Church Of The Lukumi Babulu Aye V. City Of Hialeah, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Modern Technology And The Conflict Between Copyright And Free Speech: The Application Of Copyright Law To Television Newscasts, James A. Wells Sep 1992

Modern Technology And The Conflict Between Copyright And Free Speech: The Application Of Copyright Law To Television Newscasts, James A. Wells

West Virginia Law Review

No abstract provided.


The Rise And Fall Of The Religion Clauses, Frederick Mark Gedicks Sep 1992

The Rise And Fall Of The Religion Clauses, Frederick Mark Gedicks

Brigham Young University Journal of Public Law

No abstract provided.


Blackmail And Transactional Structure - 1992, Wendy J. Gordon Aug 1992

Blackmail And Transactional Structure - 1992, Wendy J. Gordon

Scholarship Chronologically

The Coase Theorem operates in a world where mistaken allocations can be cured by trade. But blackmail involves two areas where mistaken allocations are likely to be permanent: free speech and reputation.


Constitutional Law—Freedom Of Speech—Crime May Pay: New York's Son Of Sam Law Found Unconstitutional. Simon & Schuster, Inc. V. New York State Crime Victims Bd., 112 S. Ct. 501 (1991)., William E. Lawrence Jul 1992

Constitutional Law—Freedom Of Speech—Crime May Pay: New York's Son Of Sam Law Found Unconstitutional. Simon & Schuster, Inc. V. New York State Crime Victims Bd., 112 S. Ct. 501 (1991)., William E. Lawrence

University of Arkansas at Little Rock Law Review

No abstract provided.


Modern Media And The First Amendment: Rediscovering Freedom Of The Press, Donald E. Lively Jul 1992

Modern Media And The First Amendment: Rediscovering Freedom Of The Press, Donald E. Lively

Washington Law Review

Freedom of the press, like other constitutional guarantees is not an absolute. Nor does it have the same meaning for all media. For more than a century after the constitution was framed and ratified, the press was coextensive with publishing. Over the course of the twentieth century, electronic media have emerged and extended the contours of the press. At the same time, however, liberty of the press has developed in idiosyncratic terms that have fostered a First Amendment hierarchy. While print media continue to be afforded maximum constitutional security, newer communications methodologies have been more susceptible to official management and …


Essay: The First Amendment Right Of Access To Clients And Counsel: Hrc V. Baker, Siobhan Helene Shea, Richard Daniel Tannenbaum Jul 1992

Essay: The First Amendment Right Of Access To Clients And Counsel: Hrc V. Baker, Siobhan Helene Shea, Richard Daniel Tannenbaum

University of Miami Inter-American Law Review

No abstract provided.


The Integration Of Religious Liberty, John Witte Jr. May 1992

The Integration Of Religious Liberty, John Witte Jr.

Michigan Law Review

A Review of A Nation Dedicated to Religious Liberty: The constitutional Heritage of the Religion Clauses by Arlin M. Adams and Charles J. Emmerich


Liberal Visions Of The Freedom Of The Press, Michael J. Gerhardt May 1992

Liberal Visions Of The Freedom Of The Press, Michael J. Gerhardt

Faculty Publications

No abstract provided.


Imagining A Free Press, Geoffrey R. Stone May 1992

Imagining A Free Press, Geoffrey R. Stone

Michigan Law Review

A Review of Images of a Free Press by Lee C. Bollinger


Transforming Free Speech: The Ambiguous Legacy Of Civil Libertarianism, Gregory P. Magarian May 1992

Transforming Free Speech: The Ambiguous Legacy Of Civil Libertarianism, Gregory P. Magarian

Michigan Law Review

A Review of Transforming Free Speech: The Ambiguous Legacy of Civil Libertarianism by Mark A. Graber


Liberal Visions Of The Freedom Of The Press, Michael Gerhardt May 1992

Liberal Visions Of The Freedom Of The Press, Michael Gerhardt

Vanderbilt Law Review

Liberals have long regarded the First Amendment's freedom of the press guarantee as their special plaything.' For most of this century, liberals have dominated the scholarship and the doctrinal debate on the freedom of the press. They have often urged the federal courts to establish the press as "a fourth institution outside the Government as an additional check on the three official branches." Liberal judges have ensured virtual autonomy for the print media through the cumulative effect of their rulings to immunize the press from damages for the publication of falsehoods about public figures unless the publication was done knowingly, …


No Harm, No Foul: Pornography (Violent And Otherwise), Victoria Mikesell Mather Apr 1992

No Harm, No Foul: Pornography (Violent And Otherwise), Victoria Mikesell Mather

University of Arkansas at Little Rock Law Review

No abstract provided.


No Harm, No Foul: Pornography (Violent And Otherwise), Victoria Mikesell Mather Apr 1992

No Harm, No Foul: Pornography (Violent And Otherwise), Victoria Mikesell Mather

University of Arkansas at Little Rock Law Review

No abstract provided.


Confidentially Speaking: Protecting The Press From Liability For Broken Confidentiality Promises—Cohen V. Cowles Media Co., 111 S. Ct. 2513 (1991), Jeffrey A. Richards Apr 1992

Confidentially Speaking: Protecting The Press From Liability For Broken Confidentiality Promises—Cohen V. Cowles Media Co., 111 S. Ct. 2513 (1991), Jeffrey A. Richards

Washington Law Review

In Cohen v. Cowles Media Co., the Supreme Court held that the First Amendment does not bar suits against newspapers for breaches of confidentiality promises. By following its cases holding that the press is subject to neutral laws, the Court ignored its precedent mandating that state laws inhibiting publication violate the First Amendment absent a compelling state interest. This Note explores both lines of cases and concludes that application of a state law that inhibits publication is unconstitutional if its utility in effecting a legitimate state interest is outweighed by the public's interest in receiving the information. Therefore, courts should …


The War On Poverty: A Civilian Perspective, Edgar S. Cahn, Jean C. Cahn Mar 1992

The War On Poverty: A Civilian Perspective, Edgar S. Cahn, Jean C. Cahn

University of the District of Columbia Law Review

This article does two things: it articulates a vision and it lays out a specific blueprint. The core of the vision regards legal representation as "a form of enfranchisement, as an attempt to institutionalize the functions of dissent and criticism, and as a means of revitalizing the democratic process." This explains why the article triggered a movement that was perceived as going beyond the orthodox delivery of legal aid. While others legislate or purport to breath life into the democratic process, lawyers, in their unique role as advocates, discharge a constitutionally protected role. And in light of the retaliation to …


Cd-Rom Symposium Transcript Two - 1992, Wendy J. Gordon Mar 1992

Cd-Rom Symposium Transcript Two - 1992, Wendy J. Gordon

Scholarship Chronologically

MR. METALITZ: I think the point there is that amputation of authorship is really kind of an artifact of the registration process. You wouldn't be that concerned.


Cd-Rom Symposium Transcript One - 1992, Wendy J. Gordon Mar 1992

Cd-Rom Symposium Transcript One - 1992, Wendy J. Gordon

Scholarship Chronologically

Enclosed are the corrected pages of the transcript. The article itself will follow shortly.


Brown V. Palmer: Public Forum Analysis And The Military, David M. Jones Mar 1992

Brown V. Palmer: Public Forum Analysis And The Military, David M. Jones

Brigham Young University Journal of Public Law

No abstract provided.


Information As Speech, Information As Goods: Some Thoughts In Marketplaces And The Bill Of Rights, Diane Lennheer Zimmerman Mar 1992

Information As Speech, Information As Goods: Some Thoughts In Marketplaces And The Bill Of Rights, Diane Lennheer Zimmerman

William & Mary Law Review

No abstract provided.


Tort Liability, The First Amendment, And Equal Access To Electronic Networks, Henry H. Perritt Jr. Mar 1992

Tort Liability, The First Amendment, And Equal Access To Electronic Networks, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.


The First Amendment As Ideology, Frederick Shauer Mar 1992

The First Amendment As Ideology, Frederick Shauer

William & Mary Law Review

No abstract provided.


Does The First Amendment Protect More Than Free Speech?, Stephen L. Carter Mar 1992

Does The First Amendment Protect More Than Free Speech?, Stephen L. Carter

William & Mary Law Review

No abstract provided.


Solicitation On Postal Premises: United States V. Kokinda, Jay R. Larsen Mar 1992

Solicitation On Postal Premises: United States V. Kokinda, Jay R. Larsen

Brigham Young University Journal of Public Law

No abstract provided.