Law Commons^™

The Changing Landscape Of First Amendment Jurisprudence In Light Of The Technological Advances In Media, John M. Phelan, Robert F. Schneider, Steven Shapiro, Jacob Zamansky

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Matusevitch V. Telnikoff: The First Amendment Travels Abroad, Preventing Recognition And Enforcement Of A British Libel Judgment, Rachel B. Korsower

Maryland Journal of International Law

No abstract provided.

Civil Rico, Protesters, And The First Amendment: A Constitutional Combination, Timothy S. Millman

Missouri Law Review

The Racketeer Influenced and Corrupt Organizations Act ("RICO") provides for both government causes of action and a private cause of action. The private cause of action is usually referred to as civil RICO In recent years, abortion clinics and other groups have used civil RICO in suits against violent protesters. The circuits had disagreed, however, on whether RICO requires the defendant to be economically motivated. The circuits had disagreed, however, on whether RICO. Therefore, abortion clinics and other potential plaintiffs were uncertain whether civil RICO was a viable option in suits against politically or religiously motivated protesters. Although the Court …

Report Of The Committee On Land Use, Planning And Zoning Law - Report Of The Subcommittee On Land Use And The First Amendment, Alan C. Weinstein

All Maxine Goodman Levin School of Urban Affairs Publications

The past year saw no cessation in cases reporting on the conflicts that arise when local land use regulation is applied to uses claiming protection under the First Amendment. This report highlights the two major developments in this area - the courts' the treatment of claims brought under the Religious Freedoms Restoration Act of 1993 and the latest decision of the U.S. Supreme Court concerning sign regulation, City of Ladue v. Gilleo, and discusses other cases involving regulation of religious institutions, adult businesses and signs.

"Face"-Ing Rico: A Remedy For Antiabortion Violence?, Susan L. Ronn

Seattle University Law Review

In Section I, this Comment examines the nature of the violence erupting out of protest activity at abortion clinics. Section II outlines the treatment of different types of federal lawsuits brought by clinics and pro-choice groups against both antiabortion groups and the leaders that spearhead the violent protest campaigns. Section III explores the use of RICO against such groups and individuals, and the imposition of an economic motivation requirement. Section IV discusses both the Seventh Circuit's and the Supreme Court's decisions in NOW v. Scheidler. Section V addresses the concerns surrounding the application of RICO to political protest activities. Section …

Anonymous Campaign Literature And The First Amendment, Erika Lietzan

Faculty Publications

Presently, forty-eight states and the District of Columbia have statutes that require the disclosure of some party's identity (for example, an author or a sponsor) on political literature pertaining to elections. The most common explanations given for these statutes are that they deter fraud and libel in the election arena and that they provide valuable information to the voters. Because these statutes regulate core political speech, however, they necessarily implicate the First Amendment to the United States Constitution. Although campaign disclosure laws have been both struck down and sustained by state courts reviewing appealed convictions, the decisions have been disappointingly …

Counter-Demonstration As Protected Speech: Finding The Right To Confrontation In Existing First Amendment Law, Kevin F. O'Neill, R. Vasvari

Law Faculty Articles and Essays

Accordingly, this Article is aimed at disentangling lines of precedent that are all too frequently entwined by urging an analysis of public protest cases that distinguishes among the four regulatory players. Thus, this Article devotes separate sections to the regulatory roles of legislators,16 administrators,17 judges,18 and police,19 with an introductory section on the doctrinal bedrock in this field: the public forum doctrine.20

Free Speech And Due Process In The Workplace, Cynthia L. Estlund

Indiana Law Journal

No abstract provided.

Begging And The First Amendment, Jonathan Mallamud

South Carolina Law Review

No abstract provided.

Money Talks: The First Amendment Implications Of Counterfeiting Law, Julie K. Staple

Indiana Law Journal

No abstract provided.

The Natural Law Tradition On The Modern Supreme Court: Not Burke, But The Enlightenment Tradition Represented By Locke, Madison, And Marshall., R. Randall Kelso

St. Mary's Law Journal

A traditional common-law style of judicial decisionmaking exists which was present at this nation’s founding. This common law style is derived from natural law tradition. And this tradition stands as an alternative to the formalism of Justice Scalia or the Holmesian style of Chief Justice Rehnquist. This natural law style, with its focus on the religious and communitarian ethical tradition, was the dominant view of judicial interpretation for the framing and ratifying generation of the original Constitution and the Civil War Amendments. The decisionmaking style of Justices O’Connor, Kennedy, and Souter appears to have great affinity with this traditional common-law …

The Second Adoption Of The Establishment Clause: The Rise Of The Non-Establishment Principle, Kurt T. Lash

Law Faculty Publications

In the 70 years since Gitlow first incorporated the First Amendment protections of speech and press against the states, the Establishment Clause has been a boon to incorporation's enemies and an embarrassment to its friends. Scholars who make the historical case for general incorporation either ignore, or carefully distinguish, the case of the Establishment Clause. Anti-incorporationists, on the other hand, use the case against incorporation of the Establishment Clause as their cause celebre. In fact, so wonderfully ambiguous is the history surrounding this opening line of the Bill of Rights that originalists use it to attack incorporation, and nonoriginalists use …

Initiative Petition Reforms And The First Amendment, Emily Calhoun

Publications

No abstract provided.

Defending Pornography: Free Speech & The Fight For Women’S Rights, Nadine Strossen

Books

The newest attacks on the First Amendment and on free expression have come from a vocal and influential segment of the feminist movement that has launched a successful - and puritanical - crusade against "pornography" as the root of discrimination and violence against women. But, as Nadine Strossen, president of the American Civil Liberties Union, forcefully argues, this view of sexuality as inherently dangerous does profound damage to human rights in general, and to women's rights in particular. In Defending Pornography, Strossen shows that, since the late 1970s, a new and startling alliance has been fused between "procensorship" feminists, most …

The Supreme Court's Land Use Decisions, Hon. Leon D. Lazer

Touro Law Review

No abstract provided.

Employment Discrimination: Recent Developments In The Supreme Court, Eileen Kaufman

Touro Law Review

No abstract provided.

Authors, Editors, And Uncommon Carriers: Identifying The "Speaker" Within The New Media, Michael I. Meyerson

All Faculty Scholarship

First Amendment analysis has historically depended on whether a party is a speaker, an editor, or a carrier. With communications technology rapidly evolving, determining which category is appropriate becomes increasingly complex, and ascertaining the First Amendment protections that are applied to various actors in the process of diffusing ideas becomes difficult. This article looks to the historical treatment of the First Amendment rights of speakers, editors, and distributors. This article traces the Supreme Court’s treatment of speech regulations on new technologies, from telegraph and telephone regulations to the seminal Turner Broadcast System, Inc. v. FCC case that created rules for …

Taking Liberties With The First Amendment: Congress, Section 5, And The Religious Freedom Restoration Act, Jay S. Bybee

Scholarly Works

In 1993 Congress enacted the Religious Freedom Restoration Act (“RFRA”), which provided that government, including the United States and the states, “shall not substantially burden a person's exercise of religion even if the burden results from a rule of general applicability” except where the government can demonstrate that the burden furthers “a compelling governmental interest” and is “the least restrictive means of furthering that interest.”

Unfortunately, whatever consistency RFRA might bring to the substance of church-state relations comes at the expense of clarity in federal-state relations. This is unfortunate because the First Amendment does not address church-state relations; it concerns …

N.O.W. V. Scheidler: Rico Meets The First Amendment, Craig M. Bradley

Articles by Maurer Faculty

A look at the controversial N.O.W. v. Scheidler case.

The First Amendment And The National Information Infrastructure, Fred H. Cate

Articles by Maurer Faculty

What the First Amendment status of electronic information should be is a fundamental question which must be addressed in any attempt to arrive at appropriate legal standards to protect the multifarious interests of the users of cyberspace. Yet, despite its importance, the First Amendment has largely been ignored in the debate surrounding what sort of legal framework should control the emerging National Information Infrastructure. Professor Cate surveys the current terrain of First Amendment jurisprudence and describes the different analytical approaches which may be taken. Doctrinal anomalies such as the law of common carriage indicate that at times the courts have …

Free Speech: The Status Of The First Amendment, Martin B. Margulies

Touro Law Review

No abstract provided.

Legislating Against Hate In New York: Bias Crimes And The Lesbian And Gay Community, Martin S. Zwerling

Touro Law Review

No abstract provided.

New York's Son Of Sam Law: Alive And Well Today, Steven P. Vargas

Touro Law Review

No abstract provided.

Double Jeopardy

Touro Law Review

No abstract provided.

Freedom Of Speech And Press

Touro Law Review

No abstract provided.

Freedom Of Speech And Press

Touro Law Review

No abstract provided.

Freedom Of Speech And Press

Touro Law Review

No abstract provided.

The Progeny Of Lee V. Weisman: Can Student-Invited Prayer At Public School Graduation Still Be Constitutional?, Thomas A. Schweitzer

Scholarly Works

No abstract provided.

The Sensitive Society, James F. Fitzpatrick

Federal Communications Law Journal

No abstract provided.

Jefferson On The Internet, Nicholas Johnson

Federal Communications Law Journal

No abstract provided.