Law Commons^™

Should Noncommercial Associations Have An Absolute Right To Discriminate?, Andrew Koppelman

Law and Contemporary Problems

An association is more likely to win immunity from an antidiscrimination law, the more clearly its message is a discriminatory one. Boy Scouts of America v. Dale is in some tension with this rule, but the opinion is so muddled that it establishes no new rule to displace the old one.

Assessing The Constitutionality Of Laws That Are Both Content-Based And Content-Neutral: The Emerging Constitutional Calculus, Wilson R. Huhn

Indiana Law Journal

No abstract provided.

The Digital Millennium Copyright Act: Overextension Of Copyright Protection And The Unintended Chilling Effects On Fair Use, Free Speech, And Innovation, Derek J. Schaffner

Cornell Journal of Law and Public Policy

No abstract provided.

Speech And Strife, Robert L. Tsai

Law and Contemporary Problems

Tsai examines the ways in which the US Supreme Court uses language to signal its authority. One technique of the Court is to frequently use the image of institutional conflict within its rulings.

Warning: Labeling Constitutions May Be Hazardous To Your Regime, Suzanna Sherry

Law and Contemporary Problems

Sherry presents information concerning the labeling of court decisions as being liberal or conservative victories. Because each case can be viewed in different aspects of liberalism and conservatism, it is more appropriate to simply recognize that there are important, non-ideological values at stake on both sides of each case.

A Moderate Defense Of Hate Speech Regulations On University Campuses, W. Bradley Wendel

Cornell Law Faculty Publications

The regulation of hate speech on public and private university campuses is a fiercely contested and divisive issue. Professor Bradley Wendel defends the middle ground in this debate. This Essay argues that concerns about abuses of power by those in positions of authority are unfounded when an institution possesses greater expertise in a domain than the citizens who are affected by the institution’s decision, provided that the institution is acting on the basis of reasons that are shared by the affected individual.

Shakin' It To The Back Of The Bus: How Parks V. Laface Uses The Artistic Relevance Test To Adjudicate Artistic Content, Mitchell David Greggs

Washington and Lee Law Review

No abstract provided.

The Speech-Enhancing Effect Of Internet Regulation, Emily Buss

Chicago-Kent Law Review

In this Article, the author suggests that certain speech-reducing regulations will, in fact, be speech-enhancing for children. This is because children are vulnerable to far greater censorship at the hands of their parents than at the hands of Internet regulators. Regulations that inspire parents to relax their grip on their children's access to information are likely to produce significant net speech gains for children. Viewed this way, regulations designed to protect children can be conceived as pitting the speech interests of adults against the speech interests of children. The Article suggests a number of reasons we might value the children's …

Free Speech And Children's Interests, David Archard

Chicago-Kent Law Review

This Article endorses the conclusion of Etzioni's article that the First Amendment right of free speech should not trump the interests of children. However the picture is more complicated once we recognize that parents have a "basic" right to bring up their children as they see fit that may conflict with the state's duty to protect children in its jurisdiction.

Moreover there is an important difference between protecting children now from harms and safeguarding the interests of the adults they will grow into. Society has an interest in protecting children based upon its fundamental interest in ensuring the conditions of …

On Protecting Children—From Censorship: A Reply To Amitai Etzioni, Marjorie Heins

Chicago-Kent Law Review

Etzioni's argument for censorship of minors ignores the fundamental problem with Internet filters, misstates the results of media-effects research, and uses emotional terms like "protection" and "harm" to mask moral judgments about what is appropriate for youth.

Given the size and constantly changing character of the Internet, filters necessarily rely on key words and phrases. As a result, thousands of valuable Web pages are mistakenly blocked by filters, even at their narrowest settings. The problem is inherent in the system.

Most media-effects studies do not show a causal link between violent content and violent (or "aggressive") behavior. The studies that …

Laying To Rest The Ecclesiastical Presumption Of Falsity: Why The Missouri Approved Instructions Should Include Falsity As An Element Of Defamation, J. Andrew Hirth

Missouri Law Review

This Note explores the origens of the plaintiff's presumption of falsity and argues that, after Nazeri v. Missouri Valley College, the burden of proving falsity must be borne by the plaintiff in every case.

Restraint And Responsibility: Judicial Review Of Campaign Reform, Spencer Overton

Washington and Lee Law Review

No abstract provided.

Comments On The Fcc's Recent Mass Media Ownership Decision, William Fishman

American University Law Review

No abstract provided.

Keynote Address: Reproductive Rights Under Siege: Responding To The Anti-Choice Agenda Conference. University Of Michigan Law School. March 5, 2004, Nancy Northup

Michigan Journal of Gender & Law

It is great to be here with a new generation that is advocating for reproductive rights and responding to the extraordinary anti-choice agenda we currently face. I am not going to talk about that agenda directly tonight because I know that you know it. You know about the judicial appointments, you know about the parental consent laws, you know about the denial of funding for low-income women, you know about the global gag rule.

Advocacy In Whispers: The Impact Of The Unsaid Global Gag Rule Upon Free Speech And Free Association In The Context Of Abortion Law Reform In Three East African Countries, Patty Skuster

Michigan Journal of Gender & Law

In 2001, President George W. Bush restricted the participation in democratic processes for non-governmental organizations (NGOs) abroad by reinstating a policy restricting family planning funding granted by the United States Agency for International Development (USAID). The restriction sharply curtailed the ability to speak and to associate freely for organizations working to preserve women's health and lives. For this reason, I refer to the restriction as the Global Gag Rule (GGR). Organizations in Uganda, Ethiopia, and Kenya had begun to identify the problems associated with their countries' restrictive abortion laws. In these three countries, as elsewhere in the world, illegal abortions …

Note: Get The Balance Right: Finding An Equilibrium Between Charitable Solicitation, Fraud, And The First Amendment In Illinois Ex Rel. Madigan V. Telemarketing Associates, Inc., 538 U.S. 600 (2003), Christopher R. Sullivan

William Mitchell Law Review

This Note first examines the history of the relevant law in the areas of fraud, charitable solicitation, and prior restraints. Specifically, it examines the three leading cases on regulation of charitable fundraising speech: Schaumburg, Munson, and Riley. Next, the Note discusses the history and holding of Illinois ex rel. Madigan v. Telemarketing Associates, Inc. Next, this Note will explore the holding in Telemarketing Associates in light of Schaumburg and its progeny. This analysis includes a survey of recent and pending fraud litigation against charities and their fundraisers, and a review of the Federal Trade Commission's “Operation Phoney Philanthropy.” Finally, the …

Regulating Objectionable Content In Multimedia Platforms: Will Convergence Require A Balance Of Responsibilities Between Senders And Receivers?, Otilio Gonzalez

Santa Clara High Technology Law Journal

No abstract provided.

Speech Categorization And The Limits Of First Amendment Formalism: Lessons From Nike V. Kasky, James Weinstein

Case Western Reserve Law Review

No abstract provided.

The 2003 Legislative Assault On Violent Video Games: Judicial Realities And Regulatory Rhetoric, Clay Calvert

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

Free Speech And Valuable Speech: Silence, Dante, And The 'Marketplace Of Ideas', James Boyd White

Articles

This Essay is a slightly expanded version of the inaugural Mellinkoff Lecture in Law and Humanities, presented at the UCLA School of Law last April in honor of the memory of Professor David Mellinkoff, the distinguished author of ground-breaking work on the nature of legal language. It addresses four related questions. What is the nature of the kind of speech and expression that realizes most completely the human capacity for finding and expressing meaning? How does our own world of public speech measure up to that standard? How, indeed, does our own talk in the law measure up, especially our …

Lessons From A Story Untold: Nike V. Kasky Reconsidered, David C. Vladeck

Georgetown Law Faculty Publications and Other Works

The Supreme Court's recent dismissal, apparently on jurisdictional grounds, of the writ of certiorari it had granted to review Nike, Inc. v. Kasky has brought into sharp focus a number of critiques of the commercial speech doctrine - some new, some longstanding. At issue in Nike were communications Nike made to customers, newspaper editors, college presidents and athletic directors, and others responding to allegations that Nike had engaged in, or was complicit in, the mistreatment of foreign workers. Respondent Marc Kasky contended that Nike's communications contained significant misstatements of fact and thus were actionable under California's unfair competition and false …