Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 4 of 4
Full-Text Articles in Law
What The Supreme Court Could Learn About The Child Online Protection Act By Reading Playboy, Shaun Richardson
What The Supreme Court Could Learn About The Child Online Protection Act By Reading Playboy, Shaun Richardson
William & Mary Bill of Rights Journal
Due to the ease of Internet searching, Congress has passed the Child Online Protection Act to protect children from sexually explicit material. Although the Supreme Court has not directly decided the issue, it has hinted that the Act may survive a First Amendment challenge. In this Note, the author argues reasons why the Act should not survive a First Amendment challenge, and that measures such as parental empowerment via government-facilitated use of Internet filtering software are preferable
What If I Want My Kids To Watch Pornography?: Protecting Children From "Indecent" Speech, Ashutosh Bhagwat
What If I Want My Kids To Watch Pornography?: Protecting Children From "Indecent" Speech, Ashutosh Bhagwat
William & Mary Bill of Rights Journal
Under current First Amendment doctrine, a law directed at indecent speech is treated as "content-based" regulation of speech, and thus must satisfy the "strict scrutiny" test to survive constitutional challenge - the regulation must be narrowly tailored to advance a compelling state interest. A number of laws regulating indecent speech have been passed in recent years, and when challenged, the government has defended these regulations on the ground that the State has a compelling interest in the protection of children from harmful materials. Underlying this argument, however, is a deep ambiguity regarding the precise nature of the government's legitimate objectives …
You Can't Ask (Or Say) That: The First Amendment And Civil Rights Restrictions On Decisionmaker Speech, Helen Norton
You Can't Ask (Or Say) That: The First Amendment And Civil Rights Restrictions On Decisionmaker Speech, Helen Norton
William & Mary Bill of Rights Journal
Federal, state, and local civil rights laws regulate private decisionmaking about whom an employer may hire or fire, to whom a landlord may rent an apartment, or to whom a creditor may extend credit. In prohibiting discriminatory conduct, however, these laws also limit the speech of those making these decisions. In this Article, Professor Norton explores how we might think about these civil rights laws in the context of the First Amendment, and their place within the Supreme Court's commercial speech jurisprudence. She concludes that the speech restricted by these laws may be characterized as falling outside the protection of …
Reconciling What The First Amendment Forbids With What The Copyright Clause Permits: A Summary Explanation And Review, William W. Van Alstyne
Reconciling What The First Amendment Forbids With What The Copyright Clause Permits: A Summary Explanation And Review, William W. Van Alstyne
Faculty Publications
No abstract provided.