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1994

First Amendment

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Articles 1 - 30 of 35

Full-Text Articles in Law

The Sensitive Society, James F. Fitzpatrick Dec 1994

The Sensitive Society, James F. Fitzpatrick

Federal Communications Law Journal

No abstract provided.


Jefferson On The Internet, Nicholas Johnson Dec 1994

Jefferson On The Internet, Nicholas Johnson

Federal Communications Law Journal

No abstract provided.


A Law Antecedent And Paramount, Fred H. Cate Dec 1994

A Law Antecedent And Paramount, Fred H. Cate

Federal Communications Law Journal

No abstract provided.


Lamb's Chapel V. Center Moriches Union Free School District, 113 S. Ct. 2141 (1993), John E. Burgess Nov 1994

Lamb's Chapel V. Center Moriches Union Free School District, 113 S. Ct. 2141 (1993), John E. Burgess

Vanderbilt Law Review

The First Amendment to the United States Constitution provides the primary foundation for the protection of several individual rights, including free speech and religious autonomy.' At times, how- ever, efforts to protect these rights appear to conflict with competing restraints on state action. The drafters of the First Amendment's Religion Clauses, for example, sought to guarantee religious freedom while maintaining a separation between church and state. The goal or of the press; or the right of the people peaceably to assemble, and to petition the Government for redress of grievances."


Fairness And The Public Trustee Concept: Time To Move On, Henry Geller Oct 1994

Fairness And The Public Trustee Concept: Time To Move On, Henry Geller

Federal Communications Law Journal

Symposium: The Transformation of Television News


The Fairness Doctrine: A Solution In Search Of A Problem, Adrian Cronauer Oct 1994

The Fairness Doctrine: A Solution In Search Of A Problem, Adrian Cronauer

Federal Communications Law Journal

The "Fairness Doctrine" refers to a former policy of the Federal Communications Commission wherein a broadcast station which presented one viewpoint on a controversial public issue had to afford the opposing viewpoint an opportunity to be heard. The FCC ceased to enforce the doctrine in 1987, reasoning that the doctrine actually decreased the viewpoints heard by discouraging broadcasters from covering controversial issues out of fear of censure by the FCC. The Author explores the historical development of the Fairness Doctrine and examines the flaws with the different rationales upon which the doctrine is based. The Autho concludes that today's ...


Commentary On Adrian Cronauer's "The Fairness Doctrine", Robert P. Rhodes Oct 1994

Commentary On Adrian Cronauer's "The Fairness Doctrine", Robert P. Rhodes

Federal Communications Law Journal

Symposium: The Transformation of Television News


The First Amendment And The Protection Of Unfair Speech, Barbara Mcdowell Oct 1994

The First Amendment And The Protection Of Unfair Speech, Barbara Mcdowell

Federal Communications Law Journal

Symposium: The Transformation of Television News


Virtual Constitutions: The Creation Of Rules For Governing Private Networks, Michael I. Meyerson Oct 1994

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

All Faculty Scholarship

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.


The Politics Of The Mass Media And The Free Speech Principle, Steven Shiffrin Jul 1994

The Politics Of The Mass Media And The Free Speech Principle, Steven Shiffrin

Indiana Law Journal

No abstract provided.


The Indiana Supreme Court's Emerging Free Speech Doctrine, Daniel O. Conkle Jul 1994

The Indiana Supreme Court's Emerging Free Speech Doctrine, Daniel O. Conkle

Indiana Law Journal

Free Speech and the Indiana Constitution: First Thoughts on Price v. State


A Critique Of An Illegal Conduct Limitation On The Reporters' Privilege Not To Testify, Leslie A. Warren Jun 1994

A Critique Of An Illegal Conduct Limitation On The Reporters' Privilege Not To Testify, Leslie A. Warren

Federal Communications Law Journal

The First Amendment is commonly interpreted to allow reporters a qualified privilege not to testify. By compelling testimony only where the party requesting the information meets the elements of a three-part test, a court balances the interests of the requesting party with those of the reporter. The court in United States v. Sanusi applied this traditional test and found that the defendant met the elements. However, the court also added a new restriction on the privilege. This Note argues that the additional limitation, requiring that the court be confident that the privilege not be "justifying otherwise illegal conduct," is an ...


A Precarious Path: The Bill Of Rights After 200 Years, Tony A. Freyer Apr 1994

A Precarious Path: The Bill Of Rights After 200 Years, Tony A. Freyer

Vanderbilt Law Review

The Bill of Rights occupies an ambiguous place in American society. Americans favor the Bill of Rights in principle, but when asked whether they support particular rights guarantees for real-life practices such as gun ownership, capital punishment, abortion, and flag burning, Americans fervently and profoundly disagree. The essays David J. Bodenhamer and James W. Ely, Jr. have compiled in The Bill of Rights in Modern America After 200 Years, richly suggest why Americans have reconciled principle and practice with such difficulty. Written for a popular audience by specialists who possess a profound knowledge of and differing views concerning the technical ...


Panel Iv: Censorship Of Cable Television’S Leased And Public Access Channels, Majorie Heins, James N. Horwood, Robert T. Perry, Michael Sitcov Mar 1994

Panel Iv: Censorship Of Cable Television’S Leased And Public Access Channels, Majorie Heins, James N. Horwood, Robert T. Perry, Michael Sitcov

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Panel Ii: Cable Versus Broadcast Tv: The “Must Carry” Provisions Of The Cable Television Consumer And Competition Act Of 1992, Marc Apfelbaum, Gregory Buscarino, Steven J. Hyman, Robert D. Joffe Mar 1994

Panel Ii: Cable Versus Broadcast Tv: The “Must Carry” Provisions Of The Cable Television Consumer And Competition Act Of 1992, Marc Apfelbaum, Gregory Buscarino, Steven J. Hyman, Robert D. Joffe

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Panel Iii: Cable Versus The Telephone Companies: Can Telephone Companies Be Constitutionally Barred From Delivering Video Programming? , David E. Bronston, James J. Gilligan, Mark C. Hansen, Joseph A. Post Mar 1994

Panel Iii: Cable Versus The Telephone Companies: Can Telephone Companies Be Constitutionally Barred From Delivering Video Programming? , David E. Bronston, James J. Gilligan, Mark C. Hansen, Joseph A. Post

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Constitutionality Of Current Crime Victimization Statutes: A Survey , Debra A. Shields Mar 1994

The Constitutionality Of Current Crime Victimization Statutes: A Survey , Debra A. Shields

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Panel I: The Changing Landscape Of First Amendment Jurisprudence In Light Of The New Communications And Media Alliances, J. Richard Devlin, Theodore C. Hirt, Andrew A. Merdek Mar 1994

Panel I: The Changing Landscape Of First Amendment Jurisprudence In Light Of The New Communications And Media Alliances, J. Richard Devlin, Theodore C. Hirt, Andrew A. Merdek

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Restricting The Right Of Correspondence In The Prison Context: Thornburgh V. Abbott And Its Progeny, Samuel J. Levine Mar 1994

Restricting The Right Of Correspondence In The Prison Context: Thornburgh V. Abbott And Its Progeny, Samuel J. Levine

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Our Conflicting Judgements About Pornography, Kent Greenfield Jan 1994

Our Conflicting Judgements About Pornography, Kent Greenfield

American University Law Review

No abstract provided.


Krishna V. Lee Extricates The Inextricable: An Argument For Regulating The Solicitation In Charitable Solicitations, John Dziedzic Jan 1994

Krishna V. Lee Extricates The Inextricable: An Argument For Regulating The Solicitation In Charitable Solicitations, John Dziedzic

Seattle University Law Review

This Comment argues that, in the wake of the Supreme Court's decision in Society for Krishna Consciousness v. Lee, state and local regulations are more likely to pass federal constitutional muster if they regulate obnoxious fundraising practices defined with sufficient precision. The Riley trilogy and the continued existence of charitable solicitation scams have shown that attempting to prevent the "improper use of contributions intended for charitable purposes" by regulating how much charities pay for fundraising services has been not only unconstitutional but also ineffective. Part II is a brief review of the Riley trilogy, with an emphasis on the ...


Roulette V. City Of Seattle: A City Lives With Its Homeless, William M. Berg Jan 1994

Roulette V. City Of Seattle: A City Lives With Its Homeless, William M. Berg

Seattle University Law Review

This Note analyzes the Roulette holding with respect to prior decisions on begging and vagrancy. In addition, this Note discusses the sidewalk ordinance with respect to the efforts of other communities to control the detrimental effects of a growing homeless population. This Note concludes that the Roulette holding strikes a constitutionally valid doctrinal and jurisprudential middle ground between abandoning the streets to the homeless and driving them from the community. It is argued that the sidewalk ordinance is normatively valid, in that it sets a reasonable standard of conduct that meets commonly accepted norms of civility, serving to benefit the ...


Restricting The Right Of Correspondence In The Prison Context: Thornburgh V. Abbott And Its Progeny, Samuel J. Levine Jan 1994

Restricting The Right Of Correspondence In The Prison Context: Thornburgh V. Abbott And Its Progeny, Samuel J. Levine

Scholarly Works

In Thornburgh v. Abbott, the Supreme Court upheld the constitutionality of regulations that allowed prison officials to reject certain publications sent by publishers to prisoners. Finding the regulations reasonably related to legitimate penological interests, the Court for the first time applied a reasonableness standard to restrictions that directly affected the First Amendment rights of nonprisoners. Part I of this Note briefly reviews the instrumental Supreme Court decisions addressing First Amendment rights in the prison context. This Part traces the development of the standard of review for prison regulations that restrict First Amendment freedoms for both prisoners and nonprisoners. It concludes ...


The First Amendment: When The Government Must Make Content-Based Choices, Erwin Chemerinsky Jan 1994

The First Amendment: When The Government Must Make Content-Based Choices, Erwin Chemerinsky

Cleveland State Law Review

Thus, I focus my attention on the problem of the First Amendment when the government must make content-based choices. I want to divide my remarks into four parts. I begin by reviewing the traditional bedrock rule of the First Amendment: The government cannot regulate speech based on its content. Second, I identify a broad range of cases where this rule cannot apply because the government must make content-based choices. Third, I suggest that the usual First Amendment principles are not helpful in analyzing these cases. Finally, I offer some initial thoughts about directions for dealing with this problem.


Speaking Of Race, Speaking Of Sex: Hate Speech, Civil Rights, And Civil Liberties, Nadine Strossen Jan 1994

Speaking Of Race, Speaking Of Sex: Hate Speech, Civil Rights, And Civil Liberties, Nadine Strossen

Articles & Chapters

No abstract provided.


Applying The First Amendment To Prayer In A Public University Locker Room: An Athlete's And Coach's Perspective, Gil Fried, Lisa Bradley Jan 1994

Applying The First Amendment To Prayer In A Public University Locker Room: An Athlete's And Coach's Perspective, Gil Fried, Lisa Bradley

Marquette Sports Law Review

No abstract provided.


The Right Of Publicity Vs. The First Amendment: A Property And Liability Rule Analysis, Roberta Rosenthal Kwall Jan 1994

The Right Of Publicity Vs. The First Amendment: A Property And Liability Rule Analysis, Roberta Rosenthal Kwall

Indiana Law Journal

No abstract provided.


Hate Speech, Offensive Speech, And Public Discourse In America, Edward J. Eberle Jan 1994

Hate Speech, Offensive Speech, And Public Discourse In America, Edward J. Eberle

Law Faculty Scholarship

In this article, Professor Eberle discusses several limitations on governmental power to regulate public discourse. After examining the United States Supreme Court decisions of R.A.V. v. City of St. Paula nd Wisconsin v. Mitchell, Professor Eberle concludes that government should refrain from regulating speech itself. Rather, any restrictions should focus strictly on the problematic conduct underlying the speech which justifies regulation. Professor Eberle also concludes that the Court has implicitly recognized two distinct subcategories of "content" discrimination and viewpoint discrimination. Both subcategories are presumptively unconstitutional and nominally subject to conventional strict scrutiny. The Court, however, finds viewpoint discrimination ...


A Matter Of Opinion: Milkovich Four Years Later, Kathryn D. Sowle Jan 1994

A Matter Of Opinion: Milkovich Four Years Later, Kathryn D. Sowle

Articles

No abstract provided.


Free Speech By The Light Of A Burning Cross, Jerome O'Callaghan Jan 1994

Free Speech By The Light Of A Burning Cross, Jerome O'Callaghan

Cleveland State Law Review

For scholars of the First Amendment this case is an excellent example of the dilemmas posed by many of the doctrines created by the Court. While Justice Scalia proposes an elaborate and novel understanding of the limits of free speech regulation, Justice White responds with an assertion that Scalia's reasoning is "transparently wrong," and that his opinion is a "radical revision of First Amendment law." According to Justice Stevens, the majority opinion is no more than "an adventure in a doctrinal wonderland." Part II of this paper examines the attacks made by Justices White and Stevens against the majority ...