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Articles 1 - 14 of 14
Full-Text Articles in Law
The University As An Industrial Plant: How A Workplace Theory Of Discriminatory Harassment Creates A “Hostile Environment” For Free Speech In America’S Universities, Robert W. Gall
Law and Contemporary Problems
Gall uses Rodney A. Smolla's article "Academic Freedom, Hate Speech, and the Idea of a University" as a basis for his discussion of hostile environments for free speech among colleges and universities.
Holocaust Denial And The First Amendment: The Quest For Truth In A Free Society, Kenneth Lasson
Holocaust Denial And The First Amendment: The Quest For Truth In A Free Society, Kenneth Lasson
All Faculty Scholarship
From the ashes of the Holocaust we have come once again to learn the terrible truth, that the power of Evil cannot be underestimated. Nor can the effect of the spoken and written word. It has been but a half-century since the liberation of Nazi death camps, a little more than a decade since the First International Conference on the Holocaust and Human Rights, and a few short years since the United States Holocaust Memorial Museum first put on display its documentation of horror. Yet today that form of historical revisionism popularly called "Holocaust denial" abounds worldwide in all its …
First Principles And Fair Consideration: The Developing Clash Between The First Amendment And The Constructive Fraudulent Conveyance Laws, Jonathan C. Lipson
First Principles And Fair Consideration: The Developing Clash Between The First Amendment And The Constructive Fraudulent Conveyance Laws, Jonathan C. Lipson
University of Miami Law Review
No abstract provided.
Regulatory Web: Free Speech And The Global Information Infrastructure, A, Victor Mayer-Schönberger, Teree E. Foster
Regulatory Web: Free Speech And The Global Information Infrastructure, A, Victor Mayer-Schönberger, Teree E. Foster
Michigan Telecommunications & Technology Law Review
National restrictions of freedom of speech on the nascent global information infrastructure are commonplace not only in the United States, but also around the globe. Individual nations, each intent upon preserving what they perceive to be within the perimeters of their national interests, seek to regulate certain forms of speech because of content that is considered reprehensible or offensive to national well-being or civic virtue. The fact that this offending speech is technologically dispersed instantaneously to millions of potential recipients strengthens the impetus to regulate.... Activists at both ends of the spectrum disregard an integral aspect of the global composition …
Obscenity On-Line: A Transactional Approach To Computer Transfers Of Potentially Obscene Material , Donald T. Stepka
Obscenity On-Line: A Transactional Approach To Computer Transfers Of Potentially Obscene Material , Donald T. Stepka
Cornell Law Review
No abstract provided.
Free Speech And Anonymity: Louisiana's Increasing Protection, Bradford Hyde Felder
Free Speech And Anonymity: Louisiana's Increasing Protection, Bradford Hyde Felder
Louisiana Law Review
No abstract provided.
The Past, Present, And Future Of Expressive Freedom Under The Charter, Jamie Cameron
The Past, Present, And Future Of Expressive Freedom Under The Charter, Jamie Cameron
Osgoode Hall Law Journal
More than ten years have passed since the Supreme Court of Canada's first interpretation of the Charter's guarantee of expressive freedom in RWDSU v. Dolphin Delivery. This review of the past, present, and future of expressive freedom under the Charter is in three parts. The first-dealing with the past-traces the evolution of a methodology of expressive freedom in the "first generation" of s. 2(b) jurisprudence. It is followed by an examination of the status of expressive freedom at present, through comments on recent Supreme Court landmarks in Dagenais v. Canadian Broadcasting Corp., Hill v. Church of Scientology of Toronto, and …
The Religion Clauses And Freedom Of Speech In Australia And The United States: Incidental Restrictions And Generally Applicable Laws, David S. Bogen
The Religion Clauses And Freedom Of Speech In Australia And The United States: Incidental Restrictions And Generally Applicable Laws, David S. Bogen
Faculty Scholarship
No abstract provided.
More Speech Is Better, Erwin Chemerinsky
More Speech Is Better, Erwin Chemerinsky
Faculty Scholarship
In this Reply, Professor Chemerinsky argues that the application of First Amendment principles to private institutions is desirable. Under traditional law, the free speech interests of private institutions are always favored over the free speech interests of individuals. Transporting First Amendment norms to the private sector is desirable because more speech is generally best and private power can chill and prevent speech just as much as government actions. Courts should balance the competing free speech interests of institutions and individuals, rather than always siding with the institution over the individual.
Second Department Tillman V. Distribution Systems Of America
Second Department Tillman V. Distribution Systems Of America
Touro Law Review
No abstract provided.
Foucault In Cyberspace: Surveillance, Sovereignty, And Hardwired Censors, James Boyle
Foucault In Cyberspace: Surveillance, Sovereignty, And Hardwired Censors, James Boyle
Faculty Scholarship
This is an essay about law in cyberspace. I focus on three interdependent phenomena: a set of political and legal assumptions that I call the jurisprudence of digital libertarianism, a separate but related set of beliefs about the state's supposed inability to regulate the Internet, and a preference for technological solutions to hard legal issues on-line. I make the familiar criticism that digital libertarianism is inadequate because of its blindness towards the effects of private power, and the less familiar claim that digital libertarianism is also surprisingly blind to the state's own power in cyberspace. In fact, I argue that …
Petition For Writ Of Certiorari, Northeast Ohio Coalition For The Homeless, Et Al., V. City Of Cleveland, 522 U.S. 931 (1997), Kevin F. O'Neill, David Goldberger, Raymond V. Vasvari, Joan M. Englund
Petition For Writ Of Certiorari, Northeast Ohio Coalition For The Homeless, Et Al., V. City Of Cleveland, 522 U.S. 931 (1997), Kevin F. O'Neill, David Goldberger, Raymond V. Vasvari, Joan M. Englund
Law Faculty Briefs and Court Documents
No abstract provided.
The V-Chip: Giving Parents The Ability To Regulate Television Violence, Jonathan L. Wolff
The V-Chip: Giving Parents The Ability To Regulate Television Violence, Jonathan L. Wolff
Santa Clara Law Review
No abstract provided.
Leaks, Gags And Shields: Taking Responsibility, Gerald F. Uelmen
Leaks, Gags And Shields: Taking Responsibility, Gerald F. Uelmen
Santa Clara Law Review
No abstract provided.