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Full-Text Articles in Law
Fumbling The First Amendment: The Right Of Publicity Goes 2-0 Against Freedom Of Expression, Thomas E. Kadri
Fumbling The First Amendment: The Right Of Publicity Goes 2-0 Against Freedom Of Expression, Thomas E. Kadri
Michigan Law Review
Two circuits in one summer found in favor of college athletes in right-of-publicity suits filed against the makers of the NCAA Football videogame. Both panels split 2–1; both applied the transformative use test; both dissenters predicted chilling consequences. By insisting that the likeness of each player be “transformed,” the Third and Ninth Circuits employed a test that imperils the use of realistic depictions of public figures in expressive works. This standard could have frosty implications for artists in a range of media: docudramas, biographies, and works of historical fiction may be at risk. This Comment examines the tension between the …
Getting Down To (Tattoo) Business: Copyright Norms And Speech Protections For Tattooing, Alexa L. Nickow
Getting Down To (Tattoo) Business: Copyright Norms And Speech Protections For Tattooing, Alexa L. Nickow
Michigan Telecommunications & Technology Law Review
What level of First Amendment protection should we afford tattooing? General public consensus formerly condemned tattoos as barbaric, but the increasingly diverse clientele of tattoo shops suggests that tattoos have become more mainstream. However, the law has struggled to adjust. The recent proliferation of municipal near-bans on tattooing has brought tattooing to the forefront of First Amendment debates, with cases such as Anderson and Coleman leading the way toward recognizing tattooing as pure speech. Tensions between formal and informal copyright norms in the tattoo industry further highlight the collaborative and expressive nature of the artist-customer relationship and its resulting products, …
Free Speech And Valuable Speech: Silence, Dante, And The 'Marketplace Of Ideas', James Boyd White
Free Speech And Valuable Speech: Silence, Dante, And The 'Marketplace Of Ideas', James Boyd White
Articles
This Essay is a slightly expanded version of the inaugural Mellinkoff Lecture in Law and Humanities, presented at the UCLA School of Law last April in honor of the memory of Professor David Mellinkoff, the distinguished author of ground-breaking work on the nature of legal language. It addresses four related questions. What is the nature of the kind of speech and expression that realizes most completely the human capacity for finding and expressing meaning? How does our own world of public speech measure up to that standard? How, indeed, does our own talk in the law measure up, especially our …
Girls Lean Back Everywhere: The Law Of Obscenity And The Assault On Genius, Anne E. Gilson
Girls Lean Back Everywhere: The Law Of Obscenity And The Assault On Genius, Anne E. Gilson
Michigan Law Review
A Review of Girls Lean Back Everywhere: The Law of Obscenity and the Assault on Genius by Edward de Grazia
Drug Songs And The Federal Communications Commission, Sammuel Bufford
Drug Songs And The Federal Communications Commission, Sammuel Bufford
University of Michigan Journal of Law Reform
A "public notice" concerning the broadcasting of drug-related popular songs by radio stations issued from the Federal Communications Commission on March 5, 1971. While this notice could be generally taken to prohibit the playing of such songs, its actual message, upon further analysis, is more complex and less direct. This article will examine the notice to ascertain its likely meaning, determine its legal status, and examine three constitutional issues it raises: whether the songs are protected as speech under the first amendment; whether the statement of the prohibition (if that be the import of the notice) is sufficiently precise to …
Constitutional Law--Obscenity--The Right To An Adversary Hearing On The Issue Of Obscenity Prior To The Seizure Of Furtively Distributed Films, Michigan Law Review
Constitutional Law--Obscenity--The Right To An Adversary Hearing On The Issue Of Obscenity Prior To The Seizure Of Furtively Distributed Films, Michigan Law Review
Michigan Law Review
This Note will discuss the procedural safeguards that must be provided when allegedly obscene materials are seized prior to distribution. The discussion will emphasize a consideration of the question whether the procedural requirements with respect to the seizure of printed materials are also applicable to the seizure of films, particularly those films that are being or are intended to be furtively distributed.
Constitutional Law--Freedom Of Speech--Desecration Of National Symbols As Protected Political Expression, Michigan Law Review
Constitutional Law--Freedom Of Speech--Desecration Of National Symbols As Protected Political Expression, Michigan Law Review
Michigan Law Review
Protest groups have long recognized the publicity value of engaging in dramatic kinds of symbolic behavior to express their disapproval of government policy, and recently they have resorted to the desecration of traditionally "sacred" symbols to achieve this end. Recourse to conduct offensive to the patriotic and religious sensibilities of large segments of the population seems to have paralleled the advent of widespread civil disobedience as an instrument of political persuasion. Specifically, dissent over the Vietnam war has produced a number of incidents involving public disrespect for the American flag. Thus, a need has arisen to analyze the extent to …
Carmen: Movies, Censorship And The Law, Abner J. Mikva
Carmen: Movies, Censorship And The Law, Abner J. Mikva
Michigan Law Review
A Review of Movies, Censorship and the Law by Ira H. Carmen
Constitutional Law - Due Process - Validity Of Refusal To Permit The Showing Of A Motion Picture On The Grounds Of Obscenity, Donald F. Oosterhouse S.Ed.
Constitutional Law - Due Process - Validity Of Refusal To Permit The Showing Of A Motion Picture On The Grounds Of Obscenity, Donald F. Oosterhouse S.Ed.
Michigan Law Review
A Chicago municipal ordinance made it unlawful to exhibit any motion picture without first having secured a permit from the Commissioner of Police. The commissioner is required to issue the permit unless he finds the picture "immoral or obscene. . .. " On these grounds he refused to permit exhibition of "The Miracle." Plaintiffs brought suit to have the ordinance declared unconstitutional and to restrain enforcement of the prohibition on the picture. The trial court granted the relief asked. On appeal, held, reversed and remanded to determine if the motion picture is obscene. A prior restraint on the exhibition …