Law Commons^™

Prying, Spying And Lying: Intrusive Newsgather And What The Law Should Do About Them, Lyrissa Lidsky

Faculty Publications

The media's use of intrusive newsgathering techniques poses an increasing threat to individual privacy. Courts currently resolve the overwhelming majority of conflicts in favor of the media. This is not because the First Amendment bars the imposition of tort liability on the media for its newsgathering practices. It does not. Rather, tort law has failed to seize the opportunity to create meaninful privacy protection. After surveying the economic, philosophical, and practical obstacles to reform, this Article proposes to rejuvenate the tort of intrusion to tip the balance between privacy and the press back in privacy's direction. Working within the framework …

Computer-Generated Child Pornography: A Legal Alternative?, Wendy L. Pursel

Seattle University Law Review

This Comment does not debate the efficacy of the Child Pornography Prevention Act in accomplishing its purpose-the effective regulation of computer-generated images. Nor does this Comment address adult-simulated child pornography. Rather, working under the assumption that the statute accomplishes what it aims to accomplish-namely the regulation of computer-generated child pornography-this Comment looks beyond the statute and its language to the broader discussion of the value in regulating this type of material. Specifically, this Comment will focus on two issues: first, whether legislation regulating computer-generated child pornography can survive First Amendment considerations of free speech, and second, the social arguments made …

New Criticisms Of The Libel-Proof Plaintiff Doctrine , Wayne M. Serra

Cleveland State Law Review

This paper will explore the libel-proof plaintiff doctrine and examine it in light of traditional standing and jurisdictional principles. Part II of this paper discusses the origin of the libel-proof doctrine and its application. Part III explores the general requirements for diversity actions in the federal district courts, the application of state law to those actions, and the impact of the First Amendment on state libel law. Part IV discusses standing to sue principles and analyzes the libel-proof plaintiff doctrine in light of those principles. Part V discusses some criticisms of the libel-proof plaintiff doctrine. Finally, Part VI concludes that …

Lisa Herdahl And Religious Liberty , Nadine Strossen

Cleveland State Law Review

Introduction of the ACLU’s Roger Baldwin Medal of Liberty Award honoree, detailing her specific struggle and outlining the larger national picture her case reflected.

The Indians' Chief Problem: Chief Wahoo As State Sponsored Discrimination And A Disparaging Mark, Jack Achiezer Guggenheim

Cleveland State Law Review

This article traces the history of the Cleveland Indians and Chief Wahoo. It then suggests and assesses two methods by which the Chief Wahoo emblem may be legally challenged. The first method is to assert that Chief Wahoo, as used in Jacob's Field, is state sponsored discrimination. As such it could be challenged as a violation of equal protection or as racist speech. Alternatively, in addition to proving that the teams' actions should be deemed state actions, a new theory asserting that discriminatory state speech is a violation of the First Amendment could be advanced. Another method by which the …

The Right Of Publicity On The Internet, Cristina Fernandez

Marquette Sports Law Review

No abstract provided.

Trademark Regulations And The Commercial Speech Doctrine: Focusing On The Regulatory Objective To Classify Speech For First Amendment Analysis, John V. Tait

Fordham Law Review

No abstract provided.

Free Speech And Good Character, Vincent A. Blasi

Faculty Scholarship

Early proponents of the freedom of speech such as John Milton, John Stuart Mill, and Louis Brandeis emphasized the role expressive liberty plays in strengthening the character of persons entrusted with such freedom. These theorists argued that character traits such as civic courage, independence of mind, and the capacity to learn from experience and adapt are nurtured by trusting citizens with dangerous ideas. Today there is much talk about good character in relation to free speech disputes-but all on the side of those who would regulate speakers. It is time to remember that a concern about character cuts both ways …

What's In A Word? A Comparative Analysis Of Article I, § 12 Of The New York State Constitution And The Fourth Amendment To The United States Constitution As Interpreted By The New York Court Of Appeals And The United States Supreme Court, Douglas Holden Wigdor

Touro Law Review

No abstract provided.

Power And The Subject Of Religion, Kurt T. Lash

Law Faculty Publications

Under the First Amendment, "Congress shall make no laws respecting an establishment of religion or prohibiting the free exercise thereof." Nevertheless, congressional actors have on occasion enacted laws that expressly make religion the subject of legislation. Many scholars justify these laws on the grounds that Congress at the time of the Founding had an implied power to legislate on religion if necessary and proper to an enumerated end.

Professor Lash argues that the "implied power" theory cannot withstand historical scrutiny. Whatever "implied power" arguments may have emanated from the original Constitution, those arguments were foreclosed by the adoption of the …

Will Tabloid Journalism Ruin The First Amendment For The Rest Of Us?, Rodney A. Smolla

Law Faculty Publications

Imagine that we set out to classify news organizations as falling into one of two Platonic "idealized forms," the "serious" journalists on the one hand, and the "tabloid" journalists on the other. In the pursuit of this happy exercise we might attempt to list the attributes that we tend to associate with each of these idealized forms. ...

The Intersection Of Free Speech And The Legal Profession: Constraints On Lawyers' First Amendment Rights, Kathleen M. Sullivan

Fordham Law Review

No abstract provided.

The Status Of Constitutional Religious Liberty At The End Of The Millennium, Kurt T. Lash

Law Faculty Publications

I have the privilege of introducing the 1998 Bums Lecture Symposium- Religious Liberty in the Next Millennium: Should We Amend the Religion Clauses of the United States Constitution? My role in this Symposium is to acquaint you with the religion clauses of the Constitution- where they came from- where they've been- and where they seem to be today. Our Symposium contributors, Professors Kent Greenawalt and Robert George will discuss just where they think the religion clauses should go in the future.

The First Amendment, Children, The Internet, And America's Public Libraries, Fred H. Cate

Articles by Maurer Faculty

No abstract provided.

Right Of Publicity: Cardtoons, L.C. V. Major League Baseball Players Association, Kym Carrier

Oklahoma Law Review

No abstract provided.

New York State Constitutional Law Trends And Developments: Introduction, Howard Glickstein, Barry Latzer

Touro Law Review

No abstract provided.

Freedom Of Speech - How Does The New York State Constitution Compare To The United States Constitution?, Eileen Kaufman, Leon Friedman

Touro Law Review

No abstract provided.

Adult Uses And The First Amendment: The Stringfellow’S Decision And Its Impact On Municipal Control Of Adult Businesses, Steve Mcmillen

Touro Law Review

No abstract provided.

Hands Off! Civil Court Involvement In Conflicts Over Religious Property, Kent Greenawalt

Faculty Scholarship

In this Article, Professor Kent Greenawalt explores how civil courts can constitutionally resolve conflicts over religious property. Although the practical and theoretical significance of this part of First Amendment law has often been overlooked, issues concerning church property continue to raise difficulties for both the courts charged with their resolution and the church members who wish to avoid the courts' intervention entirely. This Article argues that the general approach of noninvolvement that the Supreme Court has advocated in this area is consonant with broader themes in religion clause adjudication. Within this more general approach, Professor Greenawalt considers the two alternative …

The Legality Of The Religious Use Of Peyote By The Native American Church: A Commentary On The Free Exercise, Equal Protection, And Establishment Issues Raised By The Peyote Way Church Of God Case, John Thomas Bannon Jr.

American Indian Law Review

No abstract provided.

Holocaust Denial And The First Amendment: The Quest For Truth In A Free Society, Kenneth Lasson

All Faculty Scholarship

From the ashes of the Holocaust we have come once again to learn the terrible truth, that the power of Evil cannot be underestimated. Nor can the effect of the spoken and written word. It has been but a half-century since the liberation of Nazi death camps, a little more than a decade since the First International Conference on the Holocaust and Human Rights, and a few short years since the United States Holocaust Memorial Museum first put on display its documentation of horror. Yet today that form of historical revisionism popularly called "Holocaust denial" abounds worldwide in all its …

In Defense Of Jeffrey Wigand: A First Amendment Challenge To The Enforcement Of Employee Confidentiality Agreements Against Whistleblower, Brian Stryker Weinstein

South Carolina Law Review

No abstract provided.

Ronald Dworkin's The Moral Reading Of The Constitution: A Critique, Raoul Berger

Indiana Law Journal

No abstract provided.

Renov. Aclu: Insulating The Internet, The First Amendment, And The Marketplaceof Ideas , Stephen C. Jacques

American University Law Review

No abstract provided.

The Role Of Religion In Public Life And Official Pressure To Participate In Alcoholics Anonymous, Paul E. Salamanca

Law Faculty Scholarly Articles

If religion is an innate aspect of the human experience, it should not be surprising that Alcoholics Anonymous (A.A.), a widely known and arguably religious support group for problem drinkers, has become a common and effective means of combating alcoholism. Also, it should not be surprising that probation officers, parole officers, judges, bar overseers, wardens, and myriad others exercising state authority routinely push individuals toward A.A. Arguably, however, official referral of problem drinkers to A.A. violates current interpretations of the Establishment Clause because of the quasi-religious nature of the program.

Although separationism helps both church and state, our Constitution does, …

Wide Awake Or Half-Asleep? Revelations From Jurisprudential Tailings Found In Rosenberger V. University Of Virginia, Robert L. Waring

Northern Illinois University Law Review

The Rosenberger Court contracted the boundaries of the no funding principle of the Establishment Clause. In so doing, the Court, speaking through Justice Kennedy, ran roughshod over several important tools used in free speech analysis. Rosenberger altered the line between viewpoint and content, clouded the role of strict scrutiny and eviscerated the already weakened limited public forum concept. The article analyzes several post-Rosenberger circuit court holdings in free speech cases. In addition, it discusses the potential impact of Rosenberger - a case limited to the expenditure of student activity funds at public universities - on the future collection of mandatory …

Spinning A Tighter Web: The First Amendment And Internet Regulation, Angela E. Wu

Northern Illinois University Law Review

This article examines the First Amendment issues associated with Internet regulation, specifically the Communications Decency Act of 1996 and discusses the district court opinion in ACLU v. Reno. The author considers existing legislation in the telecommunications industry and the effect of such legislation on First Amendment rights. In additions, the author contends that the Internet is a revolutionary medium that should remain free of government intrusion. Therefore, due to the impossibility of regulating the Internet and the value that society places on the free exchange of ideas, the CDA should not be upheld by the United States Supreme Court.

The Internet In The College Community, Robert M. O'Neil

Northern Illinois University Law Review

This article reviews several current issues at the intersection of free expression and electronic communication on the college and university campus. It presupposes the conclusion which a unanimous Supreme Court reached in late June 1997, in the Communications Decency Act Case - that speech on the internet is as fully protected by the First Amendment as is expression in more traditional and familiar media. The quandary for institutions of higher learning, sharply criticized in this article, is the belief of many regulators, on as well as off campus, that electronic or digital messages pose different risks and may therefore be …

Politics And The Constitution, Lewis H. Larue

Scholarly Articles

Not available.

Content And Control Of Public Access Channels On Cable Television After Denver Area Educationaltelecommunications Consortium V. Fcc: The Non-Forum Forum, Jeffrey S. Hop

Media Law and Policy

No abstract provided.