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Articles 1 - 4 of 4
Full-Text Articles in Law
The Communications Decency Act: Aborting The First Amendment?, Sheryl L. Herndon L. Herndon
The Communications Decency Act: Aborting The First Amendment?, Sheryl L. Herndon L. Herndon
Richmond Journal of Law & Technology
On February 8, 1996, President Clinton signed the Telecommunications Act of 1996 into law and explained that the legislation would "stimulate investment, promote competition, [and] provide open access for all citizens to the Information Superhighway." However, contrary to the goal of "opening wide the door to the Information Age," provisions of the Act violate the Constitution's First Amendment guarantee of freedom of speech by imposing far-reaching new federal criminal liabilities on Americans who exercise their free speech rights on the Internet. In particular, a little-noticed provision of the Act, which expands an 1873 law banning abortion-related speech by criminalizing Internet …
Free Speech & The Internet: The Inevitable Move Toward Government Regulation, James J. Black
Free Speech & The Internet: The Inevitable Move Toward Government Regulation, James J. Black
Richmond Journal of Law & Technology
The explosive growth in the number of people communicating from computers around the world via the Internet ("Net") has led to the proliferation of another type of speech, namely, scholarly articles on virtually every aspect of the Net and its many influences on life in America. One topic that has received a great deal of attention is the extent to which laws applicable within the geographical territory of the United States may be applied to the freewheeling world of Cyberspace, which knows virtually no geographical limitations. Many commentators in the United States have followed one of two streams of argument: …
Property And The First Amendment, Mark Cordes
Property And The First Amendment, Mark Cordes
University of Richmond Law Review
The last decade has seen an increased recognition of property rights in Supreme Court analysis. This is most evident in the area of takings law, where the Court has on at least four occasions expanded property rights relative to government regulation. Perhaps even more significant than the results themselves has been the Court's tone in these decisions, where it has emphasized that property rights are to be taken seriously and are not a "poor relation" to other constitutional safeguards. This has led some commentators to suggest that recognition of property rights is becoming a primary agenda item of the Court.
Civilizing Religion, Kurt T. Lash
Civilizing Religion, Kurt T. Lash
Law Faculty Publications
Is it appropriate to restrict abortion at any stage in pregnancy on the ground that human life is sacred? Should the public square be open to biblical arguments against homosexuality? Or, to frame the issue in a more scholarly fashion: What role may religious arguments play, if any, either in public debate about what political choices to make or as the private basis of a political choice? In his recent book, Religion in Politics: Constitutional and Moral Perspectives, Michael Perry addresses these questions as a matter of constitutional law and political morality. Perry has been down this road before, most …