Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2002

First Amendment

Journal

Discipline
Institution
Publication

Articles 1 - 18 of 18

Full-Text Articles in Law

The U.S. Supreme Court Addresses The Child Pornography Prevention Act And Child Online Protection Act In Ashcroft V. Free Speech Coalition And Ashcroft V. American Civil Liberties Union, Sue Ann Mota Dec 2002

The U.S. Supreme Court Addresses The Child Pornography Prevention Act And Child Online Protection Act In Ashcroft V. Free Speech Coalition And Ashcroft V. American Civil Liberties Union, Sue Ann Mota

Federal Communications Law Journal

Both the Child Pornography Prevention Act ("CPPA") and the Child Online Protection Act ("COPA") were intended by Congress to protect minors. The CPPA was intended to protect minors from the harmful effects of virtual child pornography. The COPA was intended to protect minors from pornography currently available commercially on the World Wide Web. However, in 2002, the U.S. Supreme Court addressed the constitutionality of both statutes: The Court struck down sections of the CPPA as overbroad and unconstitutional in Ashcroft v. Free Speech Coalition. In Ashcroft v. ACLU, the Court upheld some sections of COPA as not unconstitutionally overbroad, but …


Prior Restraints And Intellectual Property: The Clash Between Intellectual Property And The First Amendment From An Economic Perspective, Andrew Beckerman-Rodau Dec 2002

Prior Restraints And Intellectual Property: The Clash Between Intellectual Property And The First Amendment From An Economic Perspective, Andrew Beckerman-Rodau

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Cross-Ownershipís Last Stand? The Federal Communication Commissionís Proposal Concerning The Repeal Of The Newspaper/Broadcast Cross- Ownership Rule , Judith C. Aarons Dec 2002

Cross-Ownershipís Last Stand? The Federal Communication Commissionís Proposal Concerning The Repeal Of The Newspaper/Broadcast Cross- Ownership Rule , Judith C. Aarons

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Spreading Angst Or Promoting Free Expression? Regulating Hate Speech On The Internet, Joshua Spector Oct 2002

Spreading Angst Or Promoting Free Expression? Regulating Hate Speech On The Internet, Joshua Spector

University of Miami International and Comparative Law Review

No abstract provided.


America And The World: Human Rights At Home And Abroad., Joe W. (Chip) Pitts Iii Oct 2002

America And The World: Human Rights At Home And Abroad., Joe W. (Chip) Pitts Iii

The Scholar: St. Mary's Law Review on Race and Social Justice

Multiple provisions in the Bill of Rights appear gutted around the last year. While abroad, Mr. Pitts received an outside perspective on American news which provided him with a new outlook on current events. The United Nations Social Forum brought voices into the United Nations which are not typically heard, such as poor and vulnerable populations not represented elsewhere. Concurrently, the Johannesburg Summit addressed similar issues. However, as of late, the American government suppresses the voices of the American people. The Patriot Act includes provisions which deter dissent, freedom of speech, and assembly. This Act also purported to give the …


Injunctive Relief In The Internet Age: The Battle Between Free Speech And Trade Secrets, Adam W. Johnson May 2002

Injunctive Relief In The Internet Age: The Battle Between Free Speech And Trade Secrets, Adam W. Johnson

Federal Communications Law Journal

The information revolution has led to technological innovations in the movement, storage, and dissemination of information. The Internet allows a person, with good or bad intent, to distribute information to millions of people. This ability raises serious implications when trade secret information is the subject of Internet postings. Once a trade secret becomes publicly available, it loses its legal secrecy, and special legal protection. Additionally, competitors and everyone else on the Internet can gain access to the information. For those who rely on trade secret protection to guard their inventions, this presents a growing concern.

This Note will illustrate the …


Commercial Speech And The Unconstitutional Conditions Doctrine: A Second Look At "The Greater Includes The Lesser", Mitchell N. Berman Apr 2002

Commercial Speech And The Unconstitutional Conditions Doctrine: A Second Look At "The Greater Includes The Lesser", Mitchell N. Berman

Vanderbilt Law Review

Over half a century ago, the Puerto Rico legislature legalized casino gambling in an effort to promote tourism to the island.' To help ensure that the local population would not overindulge in this particular vice, however, the legislature at the same time provided that "[n]o gambling room shall be permitted to advertise or other- wise offer their facilities to the public of Puerto Rico."' Thirty years later a casino operator challenged the statutory advertising ban and its implementing regulations as violating the freedom of speech guaranteed by the First Amendment. Although the Superior Court of Puerto Rico agreed with the …


Free Speech And The Right To Offend: Old Wars, New Battles, Different Media, Clay Calvert, Robert D. Richards Mar 2002

Free Speech And The Right To Offend: Old Wars, New Battles, Different Media, Clay Calvert, Robert D. Richards

Georgia State University Law Review

No abstract provided.


Ministerial Exception And Title Vii Claims: Case Law Grid Analysis, Janet S. Belcove-Shalin Mar 2002

Ministerial Exception And Title Vii Claims: Case Law Grid Analysis, Janet S. Belcove-Shalin

Nevada Law Journal

No abstract provided.


Stop The Presses! First Amendment Limitations Of Professional Athletes' Publicity Rights , Erika T. Olander Jan 2002

Stop The Presses! First Amendment Limitations Of Professional Athletes' Publicity Rights , Erika T. Olander

Marquette Sports Law Review

No abstract provided.


The Indecency Of Unsolicited Sexually Explicit Email: A Comment On The Protection Of Free Speech V. The Protection Of Children, Monique Redford Jan 2002

The Indecency Of Unsolicited Sexually Explicit Email: A Comment On The Protection Of Free Speech V. The Protection Of Children, Monique Redford

Seattle University Law Review

Because the state of Washington has a compelling interest in protecting the moral and psychological welfare of its children, the current spam law should be amended to also proscribe the transmission of unsolicited sexually explicit commercial email within its borders. This article argues that such an amendment would not violate either the dormant Commerce Clause or the First Amendment. In support of this thesis, section II first addresses the pervasive problem of children-not just adults-receiving sexually explicit material via unsolicited email. Then, sections III through V discuss the implications of the dormant Commerce Clause, the First Amendment, and the policy …


The Government Tunes In To Tune Out The Marketing Of Violent Entertainment To Kids, Shannon Mccoy Jan 2002

The Government Tunes In To Tune Out The Marketing Of Violent Entertainment To Kids, Shannon Mccoy

Vanderbilt Journal of Entertainment & Technology Law

This Note examines the recent investigation conducted by the Federal Trade Commission ("FTC" or "Commission") and its 2001 Follow-Up to that inquiry. The September 2000 Report ("Report") concluded that the entertainment industry intentionally and aggressively advertises both R and PG-13 movies to children under the age of 18. As a solution, the FTC recommended self-regulation by the entertainment industry. The 2001 Follow-Up to the Report ("Follow-Up") found that although the movie industry has made progress, a greater effort must be exerted to successfully eliminate the marketing of violent entertainment to children.' Both the Report and the Follow-Up demonstrate that self-regulation …


Reacting To Ashcroft V. Free Speech Coalition And The Burial Of The Cppa: An Argument To Regulate Digital Child Pornography Because It Incites Imminent Lawless Action, Justin Leach Jan 2002

Reacting To Ashcroft V. Free Speech Coalition And The Burial Of The Cppa: An Argument To Regulate Digital Child Pornography Because It Incites Imminent Lawless Action, Justin Leach

Vanderbilt Journal of Entertainment & Technology Law

Part I discusses the nature and origin of digital child pornography and how child pornography has traditionally fit into First Amendment analysis. Part II discusses Congress' reaction to digital innovations in child pornography by passing the Child Pornography Prevention Act and, Part II further explains the federal appellate courts' treatment of the CPPA. Part III discusses the history and arguments made for each side in Ashcroft v. Free Speech Coalition. Part IV discusses the legal and constitutional analysis of the Supreme Court in striking down the regulations that banned digital child pornography. Finally, Part V makes an additional constitutional argument, …


Shoot First, Talk Later: Blowing Holes In Freedom Of Speech, Jacqueline Tresl Jan 2002

Shoot First, Talk Later: Blowing Holes In Freedom Of Speech, Jacqueline Tresl

Animal Law Review

Ms. Tresl examines the constitutionality of hunter harassment laws. When a five-step doctrinal analysis is applied to hunter harassment statutes, it is clear that the statutes are content-based and subject to the strictest of scrutiny. Because the statutes fail the strict scrutiny test, they therefore violate the American citizenry’s First Amendment right to free expression.


Book Review, Steven D. Smith, Reviewer Jan 2002

Book Review, Steven D. Smith, Reviewer

Vanderbilt Journal of Transnational Law

Surely none of the following essays addresses or explores these claims and questions in any deliberate way. Nonetheless, in these opening pages, it seems that Ahdar is seeking to re-engage the questions that characterized the Western tradition from which our modern issues in law and religion descend, but which that tradition in its modern form has by now largely suppressed. The implication, it seems, is that in order to address the issues of the interaction of law and religion in an efficacious way, we must not only acknowledge that religion is a social phenomenon--although it is that, as Professor van …


Constitutional Law: Boy Scouts Of America V. Dale: The Scout Oath And Law Survive Government Intrusion, J. Craig Buchan Jan 2002

Constitutional Law: Boy Scouts Of America V. Dale: The Scout Oath And Law Survive Government Intrusion, J. Craig Buchan

Oklahoma Law Review

No abstract provided.


The "Ultimate Question": A Limited Argument For Trafficking In Stolen Speech, Matthew J. Coleman Jan 2002

The "Ultimate Question": A Limited Argument For Trafficking In Stolen Speech, Matthew J. Coleman

Oklahoma Law Review

No abstract provided.


The Decision In United States V. Brown: The Fifth Circuit Interprets Justice Is Blind Literally., Robert M. Anselmo Jan 2002

The Decision In United States V. Brown: The Fifth Circuit Interprets Justice Is Blind Literally., Robert M. Anselmo

St. Mary's Law Journal

In United States v. Brown, the Fifth Circuit affirmed the district courts use of anonymous jury orders. The use of anonymous juries, however, is either a necessary protection for jury members or an unfair procedural practice. The Fifth Circuit’s support for anonymous juries included concerns over threats, intimidation, and possible attempts to influence juror members in order to secure a favorable verdict. The promise of a jury of one's peers is a cornerstone of the United States judicial system. Implicit in this guarantee is the assurance of an impartial jury. Nonetheless, a jury that sits in fear may not fulfill …