Law Commons^™

Trial Monitoring Of People V. Miti Et Al. (Zambia 2018), Human Rights Institute, Beth Van Schaack

Human Rights Institute

Between September and December 2018, TrialWatch monitored the trial of six
activists in Zambia, who were arrested and charged under the Public Order Act in
connection with an anti-corruption protest they organized in 2017. On December 21, 2018, the judge dismissed the charges and acquitted all six defendants.

Although the trial itself was generally fair, and Judge Mwaka Chigali Mikalile is to be commended in this regard, the proceedings were infected with prosecutorial misconduct in pursuing spurious charges based upon patently insufficient evidence.

Today's Porn: Not A Constitutional Right; Not A Human Right, Patrick Trueman

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Freedom Of Speech And The Criminal Law, Dan T. Coenen

Scholarly Works

Because the Free Speech Clause limits government power to enact penal statutes, it has a close relationship to American criminal law. This Article explores that relationship at a time when a fast-growing “decriminalization movement” has taken hold across the nation. At the heart of the Article is the idea that free speech law has developed in ways that have positioned the Supreme Court to use that law to impose significant new limits on the criminalization of speech. More particularly, this article claims that the Court has developed three distinct decision-making strategies for decriminalizing speech based on constitutional principles. The first …

The Unpunishable Immorality, Ramzi Nasser

Touro Law Review

No abstract provided.

Criminal Court, New York County People V. Yablov, Daniel Henthorne

Touro Law Review

No abstract provided.

Alternative Restrictions Of Sex Offenders' Social Media Use & The Freedom Of Speech, Norah M. Sloss

Catholic University Journal of Law and Technology

No abstract provided.

La Libertad De Expresión Frente A Los Delitos De Negacionismo Y De Provocación Al Odio Y A La Violencia: Sombras Sin Luces En La Reforma Del Código Penal, Germán M. Teruel Lozano

Germán M. Teruel Lozano

Racist and negationist speeches are at the border of tolerable messages in a democratic society. This paper will explore the limits to freedom of speech in the Spanish law, which is configured as a constitutional order «open» and based on the idea of «person», contrasting with the militant model characteristic of the European Convention on Human Rights. Then, once outlined the content of this freedom, the paper will submit to constitutional review the Holocaust denial crime and hate speech crimes after the reform of the Criminal Code in 2015, from a constitutional-criminal law perspective.

The Incitement Of Terrorism On The Internet: Legal Standards, Enforcement, And The Role Of The European Union, Ezekiel Rediker

Michigan Journal of International Law

Consider this sentence: “The Shining Path is a heroic organization.” Over the past thirty years, the Shining Path has waged a violent guerilla war against the Peruvian government, prompting the European Union to designate the group as a terrorist organization. In certain European countries, speech inciting or glorifying terrorist organizations is criminalized. As a result, citizens risk prosecution if they do not carefully limit what they say about the Shining Path, or other terrorist organizations. But where does free speech end and incitement to terrorism begin? The debate over free speech and incitement to terrorism is actively being played out …

Newsroom: Horwitz On Traffic Obstruction Bills, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

The Need To Criminalize Revenge Porn: How A Law Protecting Victims Can Avoid Running Afoul Of The First Amendment, Adrienne N. Kitchen

Chicago-Kent Law Review

Revenge porn occurs when someone posts sexually explicit images of their former paramour on the web, often with contact information for the victim’s work and home. There are thousands, perhaps tens of thousands, of victims. Victims lose or quit their jobs; they are harassed by strangers; some change their name or alter their appearance. Some victims resort to suicide; others are stalked, assaulted, or killed. Civil suits fail to remove the images or deter perpetrators. Current criminal laws are insufficient in several common instances. These shortcomings mean there is a need to criminalize revenge porn.

Revenge porn is obscene and …

Court Of Appeals Of New York, Watson V. State Commission On Judicial Conduct, Denise Shanley

Touro Law Review

No abstract provided.

City Court, City Of Rochester, People V. Griswold, James Dougherty

Touro Law Review

No abstract provided.

La Lucha Del Derecho Contra El Negacionismo: Una Peligrosa Frontera. Particular Estudio De Los Ordenamientos Italiano Y Español, Germán M. Teruel Lozano

Germán M. Teruel Lozano

The struggle of the Law against negationism: a dangerous border. Particular study of the Spanish and Italian legal system (PhD. Thesis) - The document content an abstract of the thesis in English, Spanish and Italian.

Preying On Playgrounds: The Sexploitation Of Children In Pornography And Prostitution, C. David Baker

Pepperdine Law Review

No abstract provided.

Thornburgh V. Abbott: Slamming The Prison Gates On Constitutional Rights, Megan M. Mcdonald

Pepperdine Law Review

No abstract provided.

Exploring The First Amendment Rights Of Teens In Relationship To Sexting And Censorship, Julia Halloran Mclaughlin

University of Michigan Journal of Law Reform

This Article explores child pornography law in relation to teen sexting conduct. Recently, some teens who engaged in teen sexting have been convicted under child pornography laws and have been required to register as sexual predators. The criminalization of teens for developmentally typical behavior, mimicking the conduct of adults, can result in grave harm to most teens. Furthermore, the application of child pornography laws to teen sexting conduct demonstrates the constitutional overbreadth of the current definition of child pornography. Photographs have an emblematic role in society-capturing and celebrating youth. Moreover, the creation of teen sexting images accompanies a teen's developmental …

The First Amendment’S Borders: The Place Of Holder V. Humanitarian Law Project In First Amendment Doctrine, David Cole

Georgetown Law Faculty Publications and Other Works

In Holder v. Humanitarian Law Project, the Supreme Court’s first decision pitting First Amendment rights against national security interests since the terrorist attacks of September 11, 2001, the Court appears to have radically departed from some of the First Amendment’s most basic principles, including the maxims that speech may not be penalized because of its viewpoint, that even speech advocating crime deserves protection until it constitutes incitement, and that political association is constitutionally protected absent specific intent to further a group’s illegal ends. These principles lie at the core of our political and democratic freedoms, yet Humanitarian Law Project …

Apuntes Generales Sobre La Libertad De Expresión En Internet, Germán M. Teruel Lozano

Germán M. Teruel Lozano

GENERAL NOTES ABOUT THE FREEDOM OF SPEECH IN INTERNET: This paper presents an overview of how Internet has revolutionized the setting of freedom of speech. In particular, it is focused in to main aspects: On one hand, the delimitation of freedom of expression in the new media, differentiating in particular between web pages dedicated to the dissemination of information, protected by the freedom of speech; and those that are intended to provide other telematics services, which should not have this protection. Secondly, it is also studied the legal status of this freedom when it is exercised through Internet.

Beyond Free Speech: Novel Approaches To Hate On The Internet In The United States, Jessica S. Henry

Department of Justice Studies Faculty Scholarship and Creative Works

Hate on the Internet presents a unique problem in the United States. The First Amendment to the Constitution protects speech, even that which is hateful and offensive. Although the First Amendment is not without limitation and, indeed, although there have been a small number of successful prosecutions of individuals who disseminated hate speech over the Internet, web-based hate continues to receive broad First Amendment protections. Some non-governmental organizations in the United States, such as the Anti-Defamation League (ADL) and the Southern Poverty Law Center, have adopted innovative approaches to hate on the Internet. For instance, the ADL tracks and monitors …

The Unconstitutionality, Ineffectiveness, And Alternatives Of Gang Injunctions, Thomas A. Myers

Michigan Journal of Race and Law

Gang violence across America puts in jeopardy the peace and tranquility of neighborhoods. Cities are challenged to keep their communities safe from gang violence. One common way in which cities attempt to combat violent gang activity is by using gang injunctions. Gang injunctions are court orders that prohibit gang members from conducting already-illegal activities such as vandalism, loitering, and use or possession of illegal drugs or weapons within a defined area. These injunctions, however, also prohibit otherwise legal activity such as associating with others within the restricted area of the injunction, using words or hand gestures, and wearing certain clothing. …

Incitement To Violence On The World Wide Web: Can Web Publishers Seek First Amendment Refuge?, Lonn Weissblum

Michigan Telecommunications & Technology Law Review

The purpose of this comment is to analyze the potential First Amendment implications of the appearance of bomb-making instructions on the Web in the United States. Moreover, this comment will ultimately consider the notion that "because Brandenburg allows consideration of all the unique characteristics of the Web, there is no reason to formulate new jurisprudence merely because of new technology." Part II examines the seminal cases in the area of speech action, including Schenck v. United States, Hess v. Indiana, and Brandenburg v. Ohio, and the adulations and criticisms that resulted from these cases. Part III discusses the civil cases …

Are We Only Burning Witches? The Antiterrorism And Effective Death Penalty Act Of 1996'S Answer To Terrorism, Jennifer A. Beall

Indiana Law Journal

No abstract provided.

Extinguishing The Burning Crosses: Washington's Malicious Harassment Statute In Light Of The Issues Of Overbreadth And Vagueness, Edward Comitz

Seattle University Law Review

This Comment briefly discusses how Washington’s malicious harassment statute should be interpreted in light of the recent United States Supreme Court case R.A.V. v. City of St. Paul. Because the issues of overbreadth and vagueness are of imminent importance, to Washington’s statute, the majority of this Comment focuses on an analysis of those issues Both issues are discussed in terms of the specific crime of cross burning with the intent to intimidate or harass as proscribed by Section (1) of Washington’s malicious harassment statute. Finally, because the real harms minority victims of hate crimes experience, this Comment argues that Washington’s …

History Against Free Speech: The New German Law Against The "Auschwitz" -- And Other -- "Lies", Eric Stein

Michigan Law Review

An American observer would expect the central issue in the public debate to be the conflict between the constitutionally protected values of individual freedom of expression on the one hand and public security and personal honor on the other. This, however, has not been the case. To the contrary, the constitutional issue has played a marginal role in the legislative process, and it has been resolved by the courts with obvious ease in favor of the constitutionality of the previous legislation on the same general subject. There is every reason to believe that the new law will also be upheld, …

Criminals-Turned-Authors: Victims' Rights V. Freedom Of Speech, Barbara Freedman Wand

Indiana Law Journal

No abstract provided.