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1993

First Amendment

Institution
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Full-Text Articles in Law

The Cable Act And Municipal Ownership: A Growing First Amendment Confrontation, Carl R. Ramey Dec 1993

The Cable Act And Municipal Ownership: A Growing First Amendment Confrontation, Carl R. Ramey

Federal Communications Law Journal

In many communities across the nation cable subscribers depend on government-owned cable television systems for their communication services. This phenomenon may have started out to be fairly insignificant, but as a result of the cable explosion, government ownership of cable systems presents a threat to free expression. Governmental overbuilding and direct competition with private cable service providers have been the subject of unsuccessful First Amendment challenges. The threat of government control of cable systems, though, is potentially dramatic and poses serious First Amendment questions. The Author concludes that private ownership should be encouraged, and public ownership should only be allowed …


The Cable-Telco Cross-Ownership Prohibition: First Amendment Infringement Through Obsolescence, Michael G. Oxley Dec 1993

The Cable-Telco Cross-Ownership Prohibition: First Amendment Infringement Through Obsolescence, Michael G. Oxley

Federal Communications Law Journal

Since 1970, the FCC has prohibited all telephone companies from providing video programming in their local service areas. The primary rationale behind this prohibition was to promote the cable industry. Since 1984, however, the cable industry has seen tremendous growth with very little competition. New technology and market demands have now necessitated a reevaluation of the ban on cable-telco cross-ownership. The Author argues that with the changes that have occurred in the marketplace, the ban is now both an invalid prior restraint and an infringement on commercial expression and thus a violation of the First Amendment rights of telephone companies. …


The Television Violence Act Of 1990: A New Program For Government Censorship?, Julia W. Schlegel Dec 1993

The Television Violence Act Of 1990: A New Program For Government Censorship?, Julia W. Schlegel

Federal Communications Law Journal

The Television Violence Act of 1990 is designed to encourage the networks, the cable industry, and independent stations to reduce the amount of violence currently shown on television. To accomplish this goal, the Act grants a three-year antitrust exemption to the television industry so that it may meet and develop joint standards aimed at reducing the amount of violence currently shown on television. The Act's sponsor, Senator Paul Simon, emphasized that the Act simply encouraged the broadcast industry to set standards; it did not require them to do so. However, in December 1992, when the television industry had still not …


Duke V. Cleland: The Eleventh Circuit Neglects The First Amendment Rights Of Political Parties And Allows States To Limit Ballot Access Of Presidential Primary Candidates, Steven A. Kirsch Nov 1993

Duke V. Cleland: The Eleventh Circuit Neglects The First Amendment Rights Of Political Parties And Allows States To Limit Ballot Access Of Presidential Primary Candidates, Steven A. Kirsch

Vanderbilt Law Review

Notwithstanding H. Ross Perot's strong third place finish in the 1992 Presidential election,' history suggests a successful presidential candidate must be a member of one of the two major political parties to win. As a result, many candidates compete for each major party's nomination. Moreover, the leaders of state Democratic and Republican parties that hold presidential primaries often have attempted to remove the lesser-known, and sometimes politically unpopular, candidates from the ballot. One argument advanced by state party leaders in support of their attempts to prevent some candidates from appearing on the ballot is that the political party has a …


Braun V. Soldier Of Fortune: Tort Law Enters The Braun's Age As Constitutional Safeguards For Commercial Speech Buckle 'Neath The Crunch Of Third-Party Liability, Timothy J. Tatro Nov 1993

Braun V. Soldier Of Fortune: Tort Law Enters The Braun's Age As Constitutional Safeguards For Commercial Speech Buckle 'Neath The Crunch Of Third-Party Liability, Timothy J. Tatro

San Diego Law Review

Advertising is more than just a substantial source of revenue for publications. This author contends that advertising embodies the liberties of free speech and free press secured to all of us so fundamentally by the First Amendment. This Casenote analyzes Braun v. Soldier of Fortune Magazine, Inc., in which the Eleventh Circuit held a magazine liable for negligently publishing a gun-for-hire advertisement that allegedly resulted in the death of the plaintiff's father. The author is critical of this decision, noting the detrimental, long-reaching effects of sustaining a negligence action that penetrates so deeply into First Amendment freedoms.


Contexts Of The Political Role Of Religion: Civil Society And Culture, David Hollenbach S.J. Nov 1993

Contexts Of The Political Role Of Religion: Civil Society And Culture, David Hollenbach S.J.

San Diego Law Review

This Article argues that we need to frame the question of the relation of religion to public life in a way that goes beyond discussion of the direct impact of religious convictions on policy choices. The Article considers religion's public influences, such as its influence on the multiple communities and institutions of civil society and on the public self-understanding of a society called culture. In considering these influences, the author offers a new perspective on the role of religious belief in the decisions of those who draft legislation, reach judicial decisions, administer the domestic and foreign affairs of the nation, …


Obscenity, Pornography, And The First Amendment Theory, Arnold H. Loewy Nov 1993

Obscenity, Pornography, And The First Amendment Theory, Arnold H. Loewy

William & Mary Bill of Rights Journal

No abstract provided.


Triangulating The Boundaries Of The Pentagon Papers, John Cary Sims Nov 1993

Triangulating The Boundaries Of The Pentagon Papers, John Cary Sims

William & Mary Bill of Rights Journal

No abstract provided.


The Virginia "Son Of Sam" Law: An Unconsitutional Approach To Victim Compensation, Kerry Casey Nov 1993

The Virginia "Son Of Sam" Law: An Unconsitutional Approach To Victim Compensation, Kerry Casey

William & Mary Bill of Rights Journal

No abstract provided.


Limitations On Corporate Speech: Protection For Shareholders Or Abridgement Of Expression?, Alan J. Meese Nov 1993

Limitations On Corporate Speech: Protection For Shareholders Or Abridgement Of Expression?, Alan J. Meese

William & Mary Bill of Rights Journal

No abstract provided.


The University In The Manner Of Tiananmen Square, William W. Van Alstyne Oct 1993

The University In The Manner Of Tiananmen Square, William W. Van Alstyne

Faculty Publications

No abstract provided.


Section 3: Free Speech And Press, Institute Of Bill Of Rights Law At The William & Mary Law School Sep 1993

Section 3: Free Speech And Press, Institute Of Bill Of Rights Law At The William & Mary Law School

Supreme Court Preview

No abstract provided.


Are Kosher Food Laws Constitutionally Kosher? , Catherine Beth Sullivan Sep 1993

Are Kosher Food Laws Constitutionally Kosher? , Catherine Beth Sullivan

Boston College Environmental Affairs Law Review

No abstract provided.


Begging And The Public Forum Doctrine In The First Amendment, John T. Haggerty Sep 1993

Begging And The Public Forum Doctrine In The First Amendment, John T. Haggerty

Boston College Law Review

No abstract provided.


Hunter Harassment Statutes: Do They Shoot Holes Into The First Amendment, John A. Grafton Sep 1993

Hunter Harassment Statutes: Do They Shoot Holes Into The First Amendment, John A. Grafton

West Virginia Law Review

No abstract provided.


Executive Order 12,630: A President’S Manipulation Of The Firth Amendment’S Just Compensation Clause To Achieve Control Over Executive Agency Regulatory Decisionmaking, Robin E. Folsom Aug 1993

Executive Order 12,630: A President’S Manipulation Of The Firth Amendment’S Just Compensation Clause To Achieve Control Over Executive Agency Regulatory Decisionmaking, Robin E. Folsom

Boston College Environmental Affairs Law Review

No abstract provided.


R.A.V V. City Of St. Paul: How The Supreme Court Missed The Writing On The Wall, Andrea L. Crowley Jul 1993

R.A.V V. City Of St. Paul: How The Supreme Court Missed The Writing On The Wall, Andrea L. Crowley

Boston College Law Review

No abstract provided.


Church Of The Lukumi Babalu Aye V. City Of Hialeah, Paul L. Bader Jul 1993

Church Of The Lukumi Babalu Aye V. City Of Hialeah, Paul L. Bader

Mercer Law Review

In Church of the Lukumi Babalu Aye v. City of Hialeah, a Florida district court has gone further than any other federal court in proscribing a church's right to exercise its religious beliefs. The district court found that the city's interests in public health, child welfare, and animal welfare were sufficient to override the protection provided under the free exercise clause of the First Amendment. After the Eleventh Circuit Court of Appeals affirmed in an unpublished opinion the Supreme Court granted certiorari to decide whether the First Amendment protects a religion's practice of animal sacrifice. The Supreme Court has …


Braun V. Soldier Of Fortune Magazine, Inc.: Advertisement For Hit Man Brings Four Million Dollar Hit To Publisher, Mae Charles Babb Jul 1993

Braun V. Soldier Of Fortune Magazine, Inc.: Advertisement For Hit Man Brings Four Million Dollar Hit To Publisher, Mae Charles Babb

Mercer Law Review

In Braun v. Soldier of Fortune Magazine, Inc., the Eleventh Circuit affirmed a district court's holding that the First Amendment does not insulate a magazine publisher from liability for publishing a commercial advertisement that presents a substantial danger of harm to the public. In adopting this affirmative duty to examine an advertisement's language, the court imposed tort liability on Soldier of Fortune Magazine ("SOF") for the criminal acts of its advertiser, a third party not joined in the suit. This decision strikes the correct balance between preserving the free flow of commercial information through advertisement with the need to …


The Right To Religion-Based Exemptions In Early America: The Case Of Conscientious Objectors To Conscription, Ellis M. West Jun 1993

The Right To Religion-Based Exemptions In Early America: The Case Of Conscientious Objectors To Conscription, Ellis M. West

Political Science Faculty Publications

One of the more controversial decisions handed down by the Supreme Court in recent years was its decision in the case of Employment Division, Oregon v. Smith, which raised the basic issue of whether the free exercise clause of the First Amendment guarantees a right to religion-based exemptions, i.e., whether it gives persons and groups a prima facie right to be exempt from having to obey valid laws when they have religious reasons for noncompliance. More specifically, in Smith, two Native Americans claimed that their prosecution for using an illegal drug, peyote, was precluded by the free exercise …


Where They're Calling From: Cultural Roots Of Rap, Jimmie L. Briggs Jr. May 1993

Where They're Calling From: Cultural Roots Of Rap, Jimmie L. Briggs Jr.

William & Mary Bill of Rights Journal

No abstract provided.


Starting From Scratch: The First Amendment Reporter-Source Privilege And The Doctrine Of Incidental Restrictions, Marcus A. Asner May 1993

Starting From Scratch: The First Amendment Reporter-Source Privilege And The Doctrine Of Incidental Restrictions, Marcus A. Asner

University of Michigan Journal of Law Reform

This Note examines reporters' claims to a First Amendment reporter-source privilege in light of First Amendment doctrine as a whole. Part I briefly explains the current state of reporter-source privileges and the policies behind them. Part II then attempts to identify doctrinal support for the press's claim to a First Amendment privilege. Part II rejects the notion that the First Amendment affords special protection to the press as an institution. A reporter's status as a member of the institutional media is not irrelevant, however, and the well-established principle that the government may not target or single out the press for …


Free Speech For Me—But Not For Thee: How The American Left And Right Relentlessly Censor Each Other, Bradley L. Smith May 1993

Free Speech For Me—But Not For Thee: How The American Left And Right Relentlessly Censor Each Other, Bradley L. Smith

Michigan Law Review

A Review of Free Speech for Me—But Not for Thee: How the American Left and Right Relentlessly Censor Each Other by Nat Hentoff


The Music Of Murder, Dennis R. Martin May 1993

The Music Of Murder, Dennis R. Martin

William & Mary Bill of Rights Journal

No abstract provided.


Strangers On A Train, Peirre N. Leval May 1993

Strangers On A Train, Peirre N. Leval

Michigan Law Review

A Review of Make No Law: The Sullivan Case and the First Amendment by Anthony Lewis


Girls Lean Back Everywhere: The Law Of Obscenity And The Assault On Genius, Anne E. Gilson May 1993

Girls Lean Back Everywhere: The Law Of Obscenity And The Assault On Genius, Anne E. Gilson

Michigan Law Review

A Review of Girls Lean Back Everywhere: The Law of Obscenity and the Assault on Genius by Edward de Grazia


Souring On Lemon: The Supreme Court's Establishment Clause Doctrine In Transition, Roald Y. Mykkeltvedt May 1993

Souring On Lemon: The Supreme Court's Establishment Clause Doctrine In Transition, Roald Y. Mykkeltvedt

Mercer Law Review

In his opinion for the Court in the landmark case of Everson v. Board of Education, Justice Black held that the Establishment Clause of the First Amendment erected a high and impregnable "wall of separation" between church and state. Relying primarily on the writings of James Madison and Thomas Jefferson to discern the intentions of the framers, Justice Black maintained that, at the very least, the establishment proscription meant that

rn]either a state nor the Federal Government .. .can pass laws which aid one religion, aid all religions, or prefer one religion over another .... No tax in any …


Lee V. Weisman: No Reason To Give Thanks, William Jonathan Martin Ii May 1993

Lee V. Weisman: No Reason To Give Thanks, William Jonathan Martin Ii

Mercer Law Review

In Lee v. Weisman, the United States Supreme Court held that nonsectarian prayers delivered at public school graduation ceremonies violate the Establishment Clause of the Constitution. In reaching its decision, the Court purposefully disregarded the analytical framework established by Lemon v. Kurtzman, and its progeny, in favor of a coercion test. In so doing, the Court's decision not only failed to solve the problems associated with the Lemon framework, but also left Establishment Clause jurisprudence in a greater state of disarray and uncertainty than previously had existed.


State Restrictions On Violent Expression: The Impropriety Of Extending An Obscenity Analysis, Jessalyn Hershinger Mar 1993

State Restrictions On Violent Expression: The Impropriety Of Extending An Obscenity Analysis, Jessalyn Hershinger

Vanderbilt Law Review

A group of minors allegedly attacked a nine-year-old girl at a San Francisco beach and "artificially raped" her with a bottle. The minors attacked the girl after watching and discussing a television network movie that portrayed a similar rape. The victim sued the network, claiming that it was negligent in airing the program.' In Miami Beach, a teenage boy shot and killed his eighty-three- year-old neighbor. Following his conviction, the minor sued three television networks for damages, alleging that a decade of viewing extensive television violence had incited him to imitate the acts that he had seen. Nineteen-year-old John McCollum …


No Constitutional Shelter: The Ninth Circuit's Reading Of The Hybrid Claims Doctrine In American Friends Service Committee Corp. V. Thornburgh, Shawn Gunnarson Mar 1993

No Constitutional Shelter: The Ninth Circuit's Reading Of The Hybrid Claims Doctrine In American Friends Service Committee Corp. V. Thornburgh, Shawn Gunnarson

Brigham Young University Journal of Public Law

No abstract provided.