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Articles 1 - 6 of 6
Full-Text Articles in Law
Zoning Speech On The Internet: A Legal And Technical Model, Lawrence Lessig, Paul Resnick
Zoning Speech On The Internet: A Legal And Technical Model, Lawrence Lessig, Paul Resnick
Michigan Law Review
Speech, it is said, divides into three sorts - (1) speech that everyone has a right to (political speech, speech about public affairs); (2) speech that no one has a right to (obscene speech, child porn); and (3) speech that some have a right to but others do not (in the United States, Ginsberg speech, or speech that is "harmful to minors," to which adults have a right but kids do not). Speech-protective regimes, on this view, are those where category (1) speech predominates; speech-repressive regimes are those where categories (2) and (3) prevail. This divide has meaning for speech …
The Right To Know?: Delimiting Database Protection At The Juncture Of The Commerce Clause, The Intellectual Property Clause, And The First Amendment, Malla Pollack
Malla Pollack
The people of the United States have a constitutional right to know; the government has a duty not to block access to information. The First Amendment and the Intellectual Property Clause cabin the Commerce Clause. Congress cannot create a quasi-property right to exclude others from information without clearly demonstrating market failure. Sui generis protection of data bases does not meet this threashold requirement.
Arkansas Educational Television Commission V. Forbes: Ending Debate On Political Debates, Daniel B. Greenfield
Arkansas Educational Television Commission V. Forbes: Ending Debate On Political Debates, Daniel B. Greenfield
Mercer Law Review
In Arkansas Educational Television Commission v. Forbes, the Supreme Court of the United States addressed whether, and under what circumstances, a public television network may exclude a so-called "minor" candidate from its televised debate. The Court, voting six to three, reversed the decision of the United States Court of Appeals for the Eighth Circuit and upheld the right of the Arkansas Educational Television Commission to exclude the candidate. The Court held that the debate was a nonpublic forum and that a broadcaster could limit debate participants in the reasonable exercise of its journalistic discretion so long as the candidate …
Pledges, Parades, And Mandatory Payments, Leslie Gielow Jacobs
Pledges, Parades, And Mandatory Payments, Leslie Gielow Jacobs
McGeorge School of Law Scholarly Articles
This Article examines the Supreme Court's treatment of compelled expression cases. It sets forth the speech restraint framework by describing the crucial determinations guiding judicial analysis. It then explains the current results, reasoning, and incoherence of the compelled expression cases. This Article isolates and evaluates the variables that the Court claims are significant to compelled expression analysis. It then adjusts the variables according to the free speech clause values evident in speech restraint analysis to create a coherent doctrine of compelled expression. This doctrine both places past cases within a consistent framework and provides a structure for evaluating future compelled …
Disentangling The Law Of Public Protest, Kevin F. O'Neill
Disentangling The Law Of Public Protest, Kevin F. O'Neill
Law Faculty Articles and Essays
The purpose of this Article is to alleviate the confusion that so frequently surrounds the law of public protest. Much of that confusion can be avoided, when analyzing a given case, by zeroing in on who is regulating the speech in question. There are four regulatory players, who act in four distinct settings: restrictions enacted by legislative bodies, the issuance of permits and fees by government administrators, speech-restrictive injunctions imposed by the judiciary, and the influence of police as a regulatory presence on the street. Discrete lines of precedent attend each of these players. Legislators and judges, for example, are …
New York City Zones Out Free Expression, Martin A. Schwartz
New York City Zones Out Free Expression, Martin A. Schwartz
Scholarly Works
No abstract provided.