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Articles 1 - 30 of 33
Full-Text Articles in Law
You Said What? The Perils Of Content-Based Regulation Of Public Broadcast Underwriting Acknowledgments, Andrew D. Cotlar
You Said What? The Perils Of Content-Based Regulation Of Public Broadcast Underwriting Acknowledgments, Andrew D. Cotlar
Federal Communications Law Journal
Public broadcast stations in the United States are forbidden to air promotional announcements in exchange for payment from commercial entities. However, these stations must acknowledge any financial contribution from donors that support particular programs without promoting the goods and services offered by those donors. While the FCC has attempted to maintain the conceptual distinction between promotional and nonpromotional information, it has struggled to apply this distinction within the context of an evolution in advertising practice.
As a result, many noncommercial educational licensees find it difficult to apply the FCC's rules. A careful analysis of how the FCC underwriting determinations yields …
The First Amendment Versus Operational Security: Where Should The Milblogging Balance Lie?, Katherine C. Den Bleyker
The First Amendment Versus Operational Security: Where Should The Milblogging Balance Lie?, Katherine C. Den Bleyker
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Coercing Adults: The Fourth Circuit And The Acceptability Of Religious Expression In Government Settings, Elizabeth B. Halligan
Coercing Adults: The Fourth Circuit And The Acceptability Of Religious Expression In Government Settings, Elizabeth B. Halligan
South Carolina Law Review
No abstract provided.
"Lewd And Immoral": Nude Dancing, Sexual Expression, And The First Amendment, Kevin Case
"Lewd And Immoral": Nude Dancing, Sexual Expression, And The First Amendment, Kevin Case
Chicago-Kent Law Review
Nude dancing is a particularly awkward fit with the First Amendment. Should the Constitution protect this kind of "speech?" The question has vexed the Supreme Court. While most of the Court has agreed that nude dancing falls within the First Amendment, plurality opinions relegate nude dancing to the "outer ambit" of shielded speech, setting forth confusing and ultimately unsustainable legal tests.
This Note contends that nude dancing can convey powerful and particularized erotic messages of sexual desire, availability, and appreciation of the nude female form. It is not mere "conduct." Moreover, arguments for categorizing nude dancing as "low value" speech, …
The Clear And Present Danger Test In Anglo-American And European Law, David G. Barnum
The Clear And Present Danger Test In Anglo-American And European Law, David G. Barnum
San Diego International Law Journal
This Article will examine the role that the danger test has played in the decisions of American courts and, more recently, in the decisions of British courts and the enforcement organs of the European Convention. Part I will briefly trace the immediate Anglo-American constitutional background from which the danger test emerged. It particular, it will examine the way in which the common law offense of seditious libel was defined by British judges and judicial commentators in the late nineteenth century. Part II will focus on the evolution in American law of judicial attempts to articulate both a "content-based" and an …
Regulating Food Advertisements: Some First Amendment Issues, John M. A. Dipippa
Regulating Food Advertisements: Some First Amendment Issues, John M. A. Dipippa
University of Arkansas at Little Rock Law Review
No abstract provided.
First Amendment As Last Resort: The Internet Gambling Industry’S Bid To Advertise In The United States, Anne Lindner
First Amendment As Last Resort: The Internet Gambling Industry’S Bid To Advertise In The United States, Anne Lindner
Saint Louis University Law Journal
No abstract provided.
Free Speech, Reputation, And The Canadian Balance, Eugénie Brouillet
Free Speech, Reputation, And The Canadian Balance, Eugénie Brouillet
NYLS Law Review
No abstract provided.
Leave Those Kids Alone: Why The First Amendment Does Not Protect The Boy Scouts Of America In Its Discrimination Against Gay Youth Members, Sean Griffith
The Modern American
No abstract provided.
Defamation, Free Speech, And Democratic Governance, Russell L. Weaver, David F. Partlett
Defamation, Free Speech, And Democratic Governance, Russell L. Weaver, David F. Partlett
NYLS Law Review
No abstract provided.
Defamation Of Public Figures: North American Contrasts, Adrienne Stone
Defamation Of Public Figures: North American Contrasts, Adrienne Stone
NYLS Law Review
No abstract provided.
Transnational Communication And Defamatory Speech: A Case For Establishing Norms For The Twenty-First Century, David Goldberg
Transnational Communication And Defamatory Speech: A Case For Establishing Norms For The Twenty-First Century, David Goldberg
NYLS Law Review
No abstract provided.
Origins Of The Public Figure Doctrine In First Amendment Defamation Law, Catherine Hancock
Origins Of The Public Figure Doctrine In First Amendment Defamation Law, Catherine Hancock
NYLS Law Review
No abstract provided.
Reforming The Crime Of Libel, Clive Walker
Privacy, Princesses, And Paparazzi, Barbara Mcdonald
Privacy, Princesses, And Paparazzi, Barbara Mcdonald
NYLS Law Review
No abstract provided.
Introduction, Russell L. Weaver, David F. Partlett
Introduction, Russell L. Weaver, David F. Partlett
NYLS Law Review
No abstract provided.
Truth And Consequences: First Amendment Protection For Accurate Reporting On Government Investigations, Jonathan Donnellan, Justin Peacock
Truth And Consequences: First Amendment Protection For Accurate Reporting On Government Investigations, Jonathan Donnellan, Justin Peacock
NYLS Law Review
No abstract provided.
Bloggers As Reporters: An Effect-Based Approach To First Amendment Protections In A New Age Of Information Dissemination, Stephanie J. Frazee
Bloggers As Reporters: An Effect-Based Approach To First Amendment Protections In A New Age Of Information Dissemination, Stephanie J. Frazee
Vanderbilt Journal of Entertainment & Technology Law
Numerous questions and concerns are presented by the Apple case and by the rising prominence of blogging in general. What protections are afforded to bloggers when they are relying on confidential sources to disseminate information? What protections should be afforded? How can a court determine when bloggers are acting as reporters in the first place? And, what protections do traditional reporters get in similar situations? This note will attempt to answer these questions with the purpose of the First Amendment (as well as the practicality and risks of extending its protections) in mind. The next section will follow the development …
Circular 230 Opinion Standards, Legal Ethics And First Amendment Limitations On The Regulation Of Professional Speech By Lawyers, David T. Moldenhauer
Circular 230 Opinion Standards, Legal Ethics And First Amendment Limitations On The Regulation Of Professional Speech By Lawyers, David T. Moldenhauer
Seattle University Law Review
Part II of this Article discusses the background, scope, and requirements of the Circular 230 rules. Part III discusses the ethical rules applicable to tax opinions, compares these rules to the Circular 230 opinion standards, and concludes that the Circular 230 standards impose substantially greater requirements on practitioners than, and in certain respects conflict with, the ethical rules. Part IV discusses First Amendment case law and commentary regarding professional speech, and proposes that professional speech regulations be analyzed by a model that defines permissible regulation of professional speech by reference to the role of the profession in society and accepted …
Equal Protection In The World Of Art And Obscenity: The Art Photographer's Latent Struggle With Obscenity Standards In Contemporary America, Elaine Wang
Vanderbilt Journal of Entertainment & Technology Law
Part I of this article describes the initial hurdles that all visual art forms, including photography, face with respect to First Amendment protection given the power of visual imagery and the three-pronged test for obscenity set forth in Miller v. California. Of particular relevance is the "serious artistic value" prong of the Miller test and the problems inherent in determining who is to judge as well as how one might judge whether a work, particularly a photograph that may be construed to have a non-artistic function, possesses "serious artistic value."
Part II addresses the overall approach to photography in three …
Playing Games With The First Amendment: Are Video Games Speech And May Minors' Access To Graphically Violent Video Games Be Restricted?, Gregory K. Laughlin
Playing Games With The First Amendment: Are Video Games Speech And May Minors' Access To Graphically Violent Video Games Be Restricted?, Gregory K. Laughlin
University of Richmond Law Review
No abstract provided.
Between A Man And His God: Violating The First Amendment Through Compelled Behavior Modification, Charles Davis
Between A Man And His God: Violating The First Amendment Through Compelled Behavior Modification, Charles Davis
Seattle University Law Review
Part II of this Note discusses the facts leading up to Boone v. State and the First Amendment arguments raised by Boone. Part III offers a brief historical perspective on religion in the American legal system, emphasizing specific developments relevant to Boone's case. Part IV analyzes the court's fatally flawed analysis, and Part V addresses the ramifications of the holding and offers some suggestions.
Justice Stevens, Religious Freedom, And The Value Of Equal Membership, Christopher L. Eisgruber
Justice Stevens, Religious Freedom, And The Value Of Equal Membership, Christopher L. Eisgruber
Fordham Law Review
No abstract provided.
The Pragmatic Populism Of Justice Stevens's Free Speech Jurisprudence, Gregory P. Magarian
The Pragmatic Populism Of Justice Stevens's Free Speech Jurisprudence, Gregory P. Magarian
Fordham Law Review
No abstract provided.
Treating Religion As Speech: Justice Stevens's Religion Clause Jurisprudence, Eduardo Moises Penalver
Treating Religion As Speech: Justice Stevens's Religion Clause Jurisprudence, Eduardo Moises Penalver
Fordham Law Review
No abstract provided.
England's Chilling Forecast: The Case For Granting Declaratory Relief To Prevent English Defamation Actions From Chilling American Speech, Raymond W. Beauchamp
England's Chilling Forecast: The Case For Granting Declaratory Relief To Prevent English Defamation Actions From Chilling American Speech, Raymond W. Beauchamp
Fordham Law Review
No abstract provided.
Bureaucracy And Distrust: Germaneness And The Paradoxes Of The Academic Freedom Doctrine, Alan K. Chen
Bureaucracy And Distrust: Germaneness And The Paradoxes Of The Academic Freedom Doctrine, Alan K. Chen
University of Colorado Law Review
No abstract provided.
Compassion Inaction: Why President Bush's Faith-Based Initiatives Violate The Establishment Clause, Martha A. Boden
Compassion Inaction: Why President Bush's Faith-Based Initiatives Violate The Establishment Clause, Martha A. Boden
Seattle University Law Review
The Administration's Faith-Based Initiatives would fail a constitutional challenge under the Establishment Clause of the First Amendment. Applying the three-pronged test developed in Lemon v. Kurtzman and Zelman v. Simmons-Harris, this Comment concludes that the Initiatives, (1) though purportedly secular, have been enacted for a sectarian purpose and are not neutral toward religion; (2) are coercive and fail to fulfill the condition of private choice because the rural poor, such as those in Franklin County, Washington, whom the Initiatives target, realistically cannot choose between non-religious and sectarian service providers; and (3) to the extent that Initiative funded programs can …
Does Cutter V. Wilkinson Change The Analysis Of Mandated Dui Treatment Programs?: A Critical Response, Eric L. Sherbine
Does Cutter V. Wilkinson Change The Analysis Of Mandated Dui Treatment Programs?: A Critical Response, Eric L. Sherbine
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Accommodating Religion And Law In The Twenty-First Century, Andrew J. King
Accommodating Religion And Law In The Twenty-First Century, Andrew J. King
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.