Law Commons^™

Listener Interests In Compelled Speech Cases, Laurent Sacharoff

Laurent Sacharoff

Guns And Speech Technologies: How The Right To Bear Arms Affects Copyright Regulations Of Speech Technologies, Edward Lee

Edward Lee

This Essay examines the possible effect the Supreme Court’s landmark Second Amendment ruling in District of Columbia v. Heller will have on future cases brought under the Free Press Clause. Based on the text and history of the Constitution, the connection between the two Clauses is undeniable, as the Heller Court itself repeatedly suggested. Only two provisions in the entire Constitution protect individual rights to a technology: the Second Amendment’s right to bear “arms” and the Free Press Clause’s right to the freedom of the “press,” meaning the printing press. Both rights were viewed, moreover, as preexisting, natural rights to …

Fcc Should Get With The Times, Erik Ugland

Erik Ugland

No abstract provided.

The First Amendment And The Legal Profession: Is Silence Golden?, Jan L. Jacobowitz Ms.

Jan L Jacobowitz

No abstract provided.

The First Amendment And The Legal Profession: Is Silence Golden?, Jan L. Jacobowitz Ms.

Jan L Jacobowitz

No abstract provided.

Indecent Speech On Broadcast Television: A Constitutional Challenge To The Government’S Time-Channeling Provisions, Krista Jacobsen

Krista S. Jacobsen

What is the correct level of scrutiny under which to evaluate the constitutionality of restrictions of indecent speech in broadcast television? The Supreme Court has never articulated the answer to this question. Since the mid-1970s, however, courts have seemingly afforded a lower-than-strict level of scrutiny to governmental restrictions of indecent speech in broadcast television.

The Federal Communications Commission (FCC) attempts to “time-channel” indecent content on television to the hours when children are unlikely to be in the audience. In 2006, the FCC announced that it was adopting a more aggressive approach to indecent speech on television. In the future, even …

Digitus Impudicus: The Middle Finger And The Law, Ira P. Robbins

Ira P. Robbins

Brandenburg In A Time Of Terror, Thomas Healy

Thomas Healy

No abstract provided.

Brandenburg In A Time Of Terror, Thomas Healy

Thomas Healy

No abstract provided.

Brandenburg In A Time Of Terror, Thomas Healy

Thomas Healy

No abstract provided.

‘Baby Boomers’ And The Branding Of Political Speech: An Unintended Consequence Of Bono’S Red Campaign, Robert E. Koulish

Robert E. Koulish

In this paper I will examine the likely demise of the commercial speech doctrine. The paper examines Bono's Red Campaign and cause related marketing as a case study to reveal how the supreme court is likely to vote on commercial speech the next time it visits the issue. The Court came close to overthrowing the doctrine in its 2002 Nike non-decision. Next time out, the Court is likely to blur the distinction between commercial speech and political speech, and thus give corporations the right of personhood to mislead consumers in advertising, marketing and public relations. The demise of commercial speech …

Freedom Of The Press 2.0, Edward Lee

Edward Lee

No abstract provided.

Hostile Public Accommodations Laws And The First Amendment, Daniel Koontz

Daniel Koontz

State and municipal Human Rights Commissions have recently begun aggressively interpreting public accommodations laws to punish the speech of proprietors of bars, restaurants, country clubs, and other public accommodations. The theory is that if a proprietor says something to a customer—or even displays artwork, decorations, or signs—that could potentially offend the customer based on race, religion, sex, or ancestry, the proprietor has created a “hostile environment” which denies the customer “full and equal enjoyment” of the public accommodation.

Proprietors can face liability even in the absence of allegations that they refused service to a customer. In one case, a human …

Pornography, Coercion, And Copyright Law 2.0, Ann Bartow

Ann Bartow

The lack of regulation of the production of pornography in the United States leaves pornography performers exposed to substantial risks. Producers of pornography typically respond to attempts to regulate pornography as infringements upon free speech. At the same time, large corporations involved in the production and sale of pornography rely on copyright law's complex regulatory framework to protect their pornographic content from copying and unauthorized distribution. Web 2.0 also facilitates the production and distribution of pornography by individuals. These user-generators produce their own pornography, often looking to monetize their productions themselves via advertising revenues and subscription models. Much like their …

Reclaiming The First Amendment Through Union Dues Restrictions?, Harry G. Hutchison

Harry G. Hutchison

In its recent Davenport v. Washington Education Association decision, the United States Supreme Court unanimously enforced a Washington State paycheck protection initiative that placed restrictions on the extraction of labor union dues for political purposes. This decision appears to substantiate the free speech interest of union dissenters. This case also provides an additional example of the ongoing conflict between individual and group interest and between individual and group preferences that have erupted in a society that appears to be falling apart. In such a society the myth of the “universal worker” is collapsing in the face of escalating incredulity, and …

Academic Freedom And The Post-Garcetti Blues, Sheldon Nahmod

Sheldon Nahmod

No abstract provided.

The Fantasy Of Athlete Publicity Rights: Public Fascination And Fantasy Sports' Assertion Of Free Use Place Athlete Publicity Rights On An Uncertain Playing Field, Maureen A. Weston Prof.

Maureen A Weston

This Comment examines the treatment of athlete publicity rights in the context of fantasy sports as well as new media uses. Part I examines cases where athlete publicity rights have been recognized and rejected. Part II focuses upon fantasy sports' challenge to player publicity rights in C.B.C. Distribution & Marketing, Inc. v. Major League Baseball Advanced Media, L.P. In C.B.C, both the federal district court and Eighth Circuit Court of Appeals upheld, albeit for different reasons, the unlicensed use of player names and statistics by a fantasy sports provider in the online games that C.B.C. sells to the public. Part …

Freedom Of Association In A Networked World: First Amendment Regulation Of Relational Surveillance, Katherine J. Strandburg

Katherine J. Strandburg

Recent controversies about the National Security Agency's warrantless wiretapping of international calls have somewhat overshadowed equally disturbing allegations that the government has acquired access to a huge database of domestic call traffic data, revealing information about times, dates, and numbers called. While communication content traditionally has been the primary focus of concern about overreaching government surveillance, law enforcement officials are increasingly interested in using sophisticated computer analysis of non-content traffic data to "map" networks of associations. This increased focus on uncovering networks of association comes at precisely the time when new digital technologies are beginning to facilitate import new forms …

"The Public's Right Of Access To 'Some Kind Of Hearing' - Creating Policies That Protect The Right To Observe Agency Hearings", Chris Mcneil

Christopher B. McNeil, J.D., Ph.D.

As administrative agencies take on greater responsibilities and increasing caseloads, the tendency may be to shield their operations from the public. This article examines the competing constitutional premises supporting access to agency hearings on one hand, and due process considerations on the other; and provides a model for use by agencies seeking to control public access to agency adjudications.