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Full-Text Articles in Law
Modern Technology And The Conflict Between Copyright And Free Speech: The Application Of Copyright Law To Television Newscasts, James A. Wells
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.
Transforming Free Speech: The Ambiguous Legacy Of Civil Libertarianism, Gregory P. Magarian
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
Free Speech In The United States And Canada, Kent Greenawalt
Free Speech In The United States And Canada, Kent Greenawalt
Faculty Scholarship
This comparison of freedom of speech in the United States and Canada concentrates on Supreme Court decisions in the two countries and on kinds of speech mainly engaged in by extreme dissenters and political outsiders. After brief comments about constitutional language and general approaches, I discuss subversive speech and other speech that encourages criminal acts, hate speech, symbolic speech, and public demonstrations.
In both countries, a major premise of modern adjudication is that freedom of expression is a central feature of liberal democracy. Government "by the people," even in the extended sense of government by representatives, requires that citizens openly …
The End Of New York Times V Sullivan: Reflections On Masson V New Yorker Magazine, Lee C. Bollinger
The End Of New York Times V Sullivan: Reflections On Masson V New Yorker Magazine, Lee C. Bollinger
Faculty Scholarship
Virtually every year since New York Times v Sullivan, the Supreme Court has decided at least one or two First Amendment cases involving the press. This now seemingly permanent, annual pageant of media cases undoubtedly has significance for the development of both constitutional law and the character of American journalism, though oddly that significance has been little explored in the scholarly literature. This past year the Court had two cases, both of which received an unusual amount of discussion within the press. It is, of course, understandable, even if not wholly defensible, for the press to give disproportionate coverage …
Banning Broadcasting – A Transatlantic Perspective, Geoffrey Bennett, Russel L. Weaver
Banning Broadcasting – A Transatlantic Perspective, Geoffrey Bennett, Russel L. Weaver
Journal Articles
The British Government's decision to prohibit radio and television networks from airing interviews or statements by members of certain Northern Ireland organizations, or by allies and sympathizers of such organizations (the Broadcasting Ban or Ban) is analyzed in context. From an analysis of the Ban, some conclusions are drawn about the nature of judicial review.