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Full-Text Articles in Law

Appellate Division, First Department - Parkhouse V. Stringer, Alyssa Dunn Dec 2012

Appellate Division, First Department - Parkhouse V. Stringer, Alyssa Dunn

Touro Law Review

No abstract provided.


Building The House On A Weak Foundation: Edenfield V. Fane And The Current State Of The Commercial Speech Doctrine, Dennis William Bishop Nov 2012

Building The House On A Weak Foundation: Edenfield V. Fane And The Current State Of The Commercial Speech Doctrine, Dennis William Bishop

Pepperdine Law Review

No abstract provided.


A First Amendment Exception To The "Collateral Bar" Rule: Protecting Freedom Of Expression And The Legitimacy Of Courts, Richard Labunski Nov 2012

A First Amendment Exception To The "Collateral Bar" Rule: Protecting Freedom Of Expression And The Legitimacy Of Courts, Richard Labunski

Pepperdine Law Review

No abstract provided.


The Fourth Estate And The Third Level: Turner Broadcasting System, Inc. V. Federal Communications Commission—Cable Television And Intermediate Scrutiny, R. Stuart Phillips Oct 2012

The Fourth Estate And The Third Level: Turner Broadcasting System, Inc. V. Federal Communications Commission—Cable Television And Intermediate Scrutiny, R. Stuart Phillips

Pepperdine Law Review

No abstract provided.


Madsen V. Women's Health Center, Inc.: Striking An Unequal Balance Between The Right Of Women To Obtain An Abortion And The Right Of Pro-Life Groups To Freedom Of Expression, Keli N. Osaki Oct 2012

Madsen V. Women's Health Center, Inc.: Striking An Unequal Balance Between The Right Of Women To Obtain An Abortion And The Right Of Pro-Life Groups To Freedom Of Expression, Keli N. Osaki

Pepperdine Law Review

No abstract provided.


"Riding With The Cops And Cheering For The Robbers:" Employee Speech, Doctrinal Cubbyholes, And The Duty Of Loyalty, Marvin F. Hill Jr., James A. Wright Oct 2012

"Riding With The Cops And Cheering For The Robbers:" Employee Speech, Doctrinal Cubbyholes, And The Duty Of Loyalty, Marvin F. Hill Jr., James A. Wright

Pepperdine Law Review

No abstract provided.


Meiklejohn, Monica, & Mutilation Of The Thinking Process, Clay Calvert Oct 2012

Meiklejohn, Monica, & Mutilation Of The Thinking Process, Clay Calvert

Pepperdine Law Review

No abstract provided.


Televised Political Debates And Arkansas Educational Television Commission V. Forbes: Excluding The Public From Public Broadcasting, Joshua Dale Oct 2012

Televised Political Debates And Arkansas Educational Television Commission V. Forbes: Excluding The Public From Public Broadcasting, Joshua Dale

Pepperdine Law Review

No abstract provided.


Environmental Aesthetics And Free Speech: Toward A Consistent Content Neutrality Standard For Outdoor Sign Regulation , Brian J. Connolly Sep 2012

Environmental Aesthetics And Free Speech: Toward A Consistent Content Neutrality Standard For Outdoor Sign Regulation , Brian J. Connolly

Michigan Journal of Environmental & Administrative Law

First Amendment challenges by billboard companies and other sign owners to local sign regulations have become a frequent occurrence in the past thirty years. The stakes are high for both commercial sign owners and local governments. Sign control has emerged as an important front in the environmental protection movement, as it focuses on the visual or scenic quality of the environment. Courts have begun to recognize and accept local governments’ interest in controlling the proliferation of signage as part of their efforts to improve environmental quality, but courts have applied First Amendment doctrine in an inconsistent manner. The courts’ inconsistent …


Constitutional Law—First Amendment And Freedom Of Speech—The Constitutionality Of Arkansas’S Prohibition On Political Robocalls, Caleb J. Norris Jul 2012

Constitutional Law—First Amendment And Freedom Of Speech—The Constitutionality Of Arkansas’S Prohibition On Political Robocalls, Caleb J. Norris

University of Arkansas at Little Rock Law Review

The note first discusses the pros and cons of robocalls, concluding that certain restrictions on robocalls are desirable. Next, the note examines current constitutional case law governing the issue. Thereafter, the note illustrates how Arkansas's regulation on political robocalls would fail a First Amendment challenge as currently written. Accordingly, the note proposes a revision to the robocall statute that would most likely allow it to pass constitutional review.

The note concludes that the burdens resulting from robocalls are placed upon robocall recipients, opposing political campaigns (especially those that determine not to use them under current law), and unrelated third parties. …


Electronic Privacy And Employee Speech, Pauline T. Kim Jun 2012

Electronic Privacy And Employee Speech, Pauline T. Kim

Chicago-Kent Law Review

The boundary between work and private life is blurring as a result of changes in the organization of work and advances in technology. Current privacy law is ill-equipped to address these changes and as a result, employees' privacy in their electronic communications is only weakly protected from employer scrutiny. At the same time, the law increasingly protects certain socially valued forms of employee speech. In particular, collective speech, speech that enforces workplace regulations and speech that deters or reports employer wrong-doing are explicitly protected by law from employer reprisals. These two developments—weak protection of employee privacy and increased protection for …


Judicial Line-Drawing And The Broader Culture: The Case Of Politics And Entertainment, R. George Wright Jun 2012

Judicial Line-Drawing And The Broader Culture: The Case Of Politics And Entertainment, R. George Wright

San Diego Law Review

This article puts in a broader legal and cultural context and critically evaluates Justice Scalia's reluctance to distinguish politics from entertainment or, more precisely, political speech from entertainment speech. Some may think of Justice Scalia's reluctance as the embodiment of judicial modesty or realistic practical wisdom. Others may think of it as an unnecessary expression of relativism or subjectivism that is ominous in its implications. Either way, whether we can appropriately distinguish between entertainment speech and political speech, and then apply appropriately different free speech standards in each case, says much about our status and priorities as a culture. Placing …


Corporate Criticism On The Internet: The Fine Line Between Anonymous Speech And Cybersmear, Scot Wilson May 2012

Corporate Criticism On The Internet: The Fine Line Between Anonymous Speech And Cybersmear, Scot Wilson

Pepperdine Law Review

No abstract provided.


Ashcroft V. Free Speech Coalition: How Can Virtual Child Pornography Be Banned Under The First Amendment?, Virginia F. Milstead Apr 2012

Ashcroft V. Free Speech Coalition: How Can Virtual Child Pornography Be Banned Under The First Amendment?, Virginia F. Milstead

Pepperdine Law Review

No abstract provided.


Dueling Values: The Clash Of Cyber Suicide Speech And The First Amendment, Thea E. Potanos Apr 2012

Dueling Values: The Clash Of Cyber Suicide Speech And The First Amendment, Thea E. Potanos

Chicago-Kent Law Review

On March 15, 2011, William Melchert-Dinkel, a Minnesota nurse, was convicted of two counts of assisted suicide, based solely on things he said in emails and online chat rooms. This note examines whether cyber speech encouraging suicide, such as Melchert-Dinkel's, should be protected by the First Amendment. States have compelling interests in preserving life, preventing suicide, and protecting vulnerable persons from abuse, and the majority of them have assisted suicide statutes that could be applied to cyber-suicide speech. However, because cyber- suicide speech does not fit neatly into recognized categories of "low-value" or unprotected speech, punishment may be foreclosed by …


Renewing The Chase: The First Amendment, Campaign Advertisements, And The Goal Of An Informed Citizenry, John Stewart Fleming Apr 2012

Renewing The Chase: The First Amendment, Campaign Advertisements, And The Goal Of An Informed Citizenry, John Stewart Fleming

Indiana Law Journal

No abstract provided.


Context And Trivia, Samuel Brenner Apr 2012

Context And Trivia, Samuel Brenner

Michigan Law Review

My academic mantra, writes Professor James C. Foster in the Introduction to BONG HiTS 4 JESUS: A Perfect Constitutional Storm in Alaska's Capital, which examines the history and development of the Supreme Court's decision in Morse v. Frederick, "[is] context, context, context" (p. 2). Foster, a political scientist at Oregon State University, argues that it is necessary to approach constitutional law "by situating the U.S. Supreme Court's ... doctrinal work within surrounding historical context, shorn of which doctrine is reduced to arid legal rules lacking meaning and significance" (p. 1). He seeks to do so in BONG HiTS 4 JESUS …


Is Spam The Rock Of Sisyphus?: Whether The Can-Spam Act And Its Global Counterparts Will Delete Your E-Mail, Amy G. Marino Mar 2012

Is Spam The Rock Of Sisyphus?: Whether The Can-Spam Act And Its Global Counterparts Will Delete Your E-Mail, Amy G. Marino

Pepperdine Law Review

No abstract provided.


Inculcation, Bias, And Viewpoint Discrimination In Public Schools, Lisa Shaw Roy Mar 2012

Inculcation, Bias, And Viewpoint Discrimination In Public Schools, Lisa Shaw Roy

Pepperdine Law Review

No abstract provided.


Civil Rights, Erwin Chemerinsky Mar 2012

Civil Rights, Erwin Chemerinsky

Pepperdine Law Review

No abstract provided.


"Raised Eyebrows" Over Satellite Radio: Has Pacifica Met Its Match?, Aurele Danoff Mar 2012

"Raised Eyebrows" Over Satellite Radio: Has Pacifica Met Its Match?, Aurele Danoff

Pepperdine Law Review

No abstract provided.


Free Speech, Kathleen M. Sullivan Mar 2012

Free Speech, Kathleen M. Sullivan

Pepperdine Law Review

No abstract provided.


Red Lion And Pacifica: Are They Relics?, L. A. Powe Jr Feb 2012

Red Lion And Pacifica: Are They Relics?, L. A. Powe Jr

Pepperdine Law Review

No abstract provided.


The Future Of Free Expression In A Digital Age, Jack M. Balkin Feb 2012

The Future Of Free Expression In A Digital Age, Jack M. Balkin

Pepperdine Law Review

In the twenty-first century, at the very moment that our economic and social lives are increasingly dominated by information technology and information flows, the judge-made doctrines of the First Amendment seem increasingly irrelevant to the key free speech battles of the future. The most important decisions affecting the future of freedom of speech will not occur in constitutional law; they will be decisions about technological design, legislative and administrative regulations, the formation of new business models, and the collective activities of end-users. Moreover, the values of freedom of expression will become subsumed within a larger set of concerns that I …


Can Freedom Of Speech Bear The Twenty-First Century's Weight?, Lillian R. Bevier Feb 2012

Can Freedom Of Speech Bear The Twenty-First Century's Weight?, Lillian R. Bevier

Pepperdine Law Review

No abstract provided.


Campaign Finance Regulation And The Marketplace Of Emotions, Barry P. Mcdonald Feb 2012

Campaign Finance Regulation And The Marketplace Of Emotions, Barry P. Mcdonald

Pepperdine Law Review

This essay examines the validity, in light of new empirical research, of the free speech theory the U.S. Supreme Court uses to justify the doctrines it currently employs to assess the constitutionality of campaign finance regulations. The Court’s model, which Professor McDonald terms the theory of 'stimulated democratic deliberation,' assumes that an unlimited quantity of campaign-related communications will result in increased public deliberation about ideas and better informed citizens, which in turn will result in better decisions about candidates for political office. In short, this model assumes that rational thought and deliberation about important issues of the day drive voter …


The Regulation Of Extremist Speech In The Era Of Mass Digital Communications: Is Brandenburg Tolerance Obsolete In The Terrorist Era?, Nadine Strossen Feb 2012

The Regulation Of Extremist Speech In The Era Of Mass Digital Communications: Is Brandenburg Tolerance Obsolete In The Terrorist Era?, Nadine Strossen

Pepperdine Law Review

No abstract provided.


Words "Which By Their Very Utterance Inflict Injury": The Evolving Treatment Of Inherently Dangerous Speech In Free Speech Law And Theory, Rodney A. Smolla Feb 2012

Words "Which By Their Very Utterance Inflict Injury": The Evolving Treatment Of Inherently Dangerous Speech In Free Speech Law And Theory, Rodney A. Smolla

Pepperdine Law Review

No abstract provided.


Is It Better To Be Safe Than Sorry?: Free Speech And The Precautionary Principle, Frederick Schauer Feb 2012

Is It Better To Be Safe Than Sorry?: Free Speech And The Precautionary Principle, Frederick Schauer

Pepperdine Law Review

No abstract provided.


Free Speech In The Twenty-First Century: Ten Lessons From The Twentieth Century, Geoffrey R. Stone Feb 2012

Free Speech In The Twenty-First Century: Ten Lessons From The Twentieth Century, Geoffrey R. Stone

Pepperdine Law Review

No abstract provided.