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Articles 1 - 8 of 8

Full-Text Articles in Law

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.


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 more dangerous …


Voice In Government: The People, Emily Calhoun Jan 1994

Voice In Government: The People, Emily Calhoun

Publications

No abstract provided.


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 …


Feminist Jurisprudence And Free Speech Theory, Susan H. Williams Jan 1994

Feminist Jurisprudence And Free Speech Theory, Susan H. Williams

Articles by Maurer Faculty

No abstract provided.


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.


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.


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

A Law Antecedent And Paramount, Fred H. Cate

Articles by Maurer Faculty

No abstract provided.