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Articles 31 - 54 of 54
Full-Text Articles in Law
Who's Talking? Disentangling Government And Private Speech, Leslie Gielow Jacobs
Who's Talking? Disentangling Government And Private Speech, Leslie Gielow Jacobs
University of Michigan Journal of Law Reform
Several different constitutional rules apply to government actions that influence the content of speech. The government has far more discretion to determine speech content when the government itself is the speaker than when it regulates private speakers. Specifically, in the former circumstance, the government can discriminate according to viewpoint, whereas in the latter circumstance it cannot. While the application of the rules may be obvious when either the government or private entities speak alone, increasingly, through various different types of interactions, government and private groups or individuals are speaking together. This circumstance complicates the crucial constitutional determination, which is: who's …
Corporate Cybersmear: Employers File John Doe Defamation Lawsuits Seeking The Identity Of Anonymous Employee Internet Posters, Margo E. K. Reder, Christine Neylon O'Brien
Corporate Cybersmear: Employers File John Doe Defamation Lawsuits Seeking The Identity Of Anonymous Employee Internet Posters, Margo E. K. Reder, Christine Neylon O'Brien
Michigan Telecommunications & Technology Law Review
Communications systems are now wide open and fully accessible, with no limits in range, scope or geography. Targeted audiences are accessible with pinpoint accuracy. Messages reach millions of readers with one click. There is a chat room for everyone. Most importantly, there is no limit on content. Therefore, employees can register their dissatisfaction by posting a message in a chat room. Moreover, the identity of the posting employee is not easily discoverable due to anonymous and pseudonymous communications capabilities. The nature of these online messages is qualitatively different from real-world communications. By way of example, newspapers have a responsibility regarding …
Incitement To Violence On The World Wide Web: Can Web Publishers Seek First Amendment Refuge?, Lonn Weissblum
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 …
"Chilling" The Internet? Lessons From Fcc Regulation Of Radio Broadcasting , Thomas W. Hazlett, David W. Sosa
"Chilling" The Internet? Lessons From Fcc Regulation Of Radio Broadcasting , Thomas W. Hazlett, David W. Sosa
Michigan Telecommunications & Technology Law Review
Congress included the Communications Decency Act (CDA) in the Telecommunications Act signed into law on February 8, 1996. The bill seeks to outlaw the use of computers and phone lines to transmit "indecent" material with provisions of jail terms and heavy fines for violators. Proponents of the bill argue it is necessary to protect minors from undesirable speech on the Internet. The CDA was immediately challenged in court by the American Civil Liberties Union, and the special 3-judge federal panel established to hear the case recently declared the Act unconstitutional. Yet, its ultimate adjudication remains in doubt. Ominously, the federal …
Einstein's Hair, Jonathan A. Franklin
Einstein's Hair, Jonathan A. Franklin
Michigan Journal of International Law
Review of From Privacy Toward a New Intelletual Property Right in Persona: The Right of Publicity (United States) and Portrait Law (Netherlands) Balanced with Freedom of Speech and Free Trade Principles by Julius C.S. Pinckaers
Regulatory Web: Free Speech And The Global Information Infrastructure, A, Victor Mayer-Schönberger, Teree E. Foster
Regulatory Web: Free Speech And The Global Information Infrastructure, A, Victor Mayer-Schönberger, Teree E. Foster
Michigan Telecommunications & Technology Law Review
National restrictions of freedom of speech on the nascent global information infrastructure are commonplace not only in the United States, but also around the globe. Individual nations, each intent upon preserving what they perceive to be within the perimeters of their national interests, seek to regulate certain forms of speech because of content that is considered reprehensible or offensive to national well-being or civic virtue. The fact that this offending speech is technologically dispersed instantaneously to millions of potential recipients strengthens the impetus to regulate.... Activists at both ends of the spectrum disregard an integral aspect of the global composition …
Turner Broadcasting, The First Amendment , And The New Electronic Delivery Systems, Henry Geller
Turner Broadcasting, The First Amendment , And The New Electronic Delivery Systems, Henry Geller
Michigan Telecommunications & Technology Law Review
After ducking the issue of the First Amendment status of cable television for years, the United States Supreme Court rendered its most important decision concerning the regulation of the new electronic media in Turner Broadcasting, Inc. v. FCC. Turner involved the constitutionality of the "must-carry" provisions of the 1992 Cable Act (the "Act" or "Cable Act") which require cable systems to carry specified local broadcast television stations. While cable television began over four decades ago as a community antenna service, it changed drastically after the advent of satellite in the mid-1970's to also provide scores of satellite-delivered programs and to …
Reporting The Truth And Setting The Record Straight: An Analysis Of U.S. And Japanese Libel Laws, Ellen M. Smith
Reporting The Truth And Setting The Record Straight: An Analysis Of U.S. And Japanese Libel Laws, Ellen M. Smith
Michigan Journal of International Law
This Note argues that U.S. courts and lawmakers should adopt some aspects of Japanese libel law. Part I compares the balances struck in U.S. and Japanese libel law between promoting press freedoms and protecting individual interests. Part II focuses on the extent to which each system succeeds in addressing the objectives of encouraging aggressive, accurate reporting, and compensating libel victims. Finally, Part III proposes a new U.S. libel standard that would adopt, with some modifications, key elements of Japanese libel law without running afoul of established U.S. constitutional requirements.
American Broadcasting And The First Amendment, René L. Todd
American Broadcasting And The First Amendment, René L. Todd
Michigan Law Review
A Review of American Broadcasting and the First Amendment by Lucas A. Powe, Jr.
Protecting The Best Men: An Interpretive History Of The Law Of Libel, Frank G. Zarb
Protecting The Best Men: An Interpretive History Of The Law Of Libel, Frank G. Zarb
Michigan Law Review
A Review of Protecting the Best Men: An Interpretive History of the Law of Libel by Norman L. Rosenberg
Cable Tv's "Must Carry" Rules: The Most Restrictive Alternative - Quincy Cable Tv, Inc. V. Fcc, Robert B. Hobbs Jr.
Cable Tv's "Must Carry" Rules: The Most Restrictive Alternative - Quincy Cable Tv, Inc. V. Fcc, Robert B. Hobbs Jr.
Campbell Law Review
This note first argues that the court correctly applied the least scrutinizing first amendment test to the facts of the case and concluded its inquiry after the rules failed that test. Second, this note argues that the FCC, while once on the correct regulatory path regarding cable, erred by not studying the potential impact of cable television on a case by case basis as the FCC had decided to do with competing broadcasters in Carroll Broadcasting, Inc. v. FCC. Third, this note concludes that the Quincy case will benefit cable operators financially and will provide proper protection of cable …
The Press And The Public Interest: An Essay On The Relationship Between Social Behavior And The Language Of First Amendment Theory, Lee C. Bollinger
The Press And The Public Interest: An Essay On The Relationship Between Social Behavior And The Language Of First Amendment Theory, Lee C. Bollinger
Michigan Law Review
I would like to explore in this essay one aspect of the contemporary American debate over the theory of freedom of speech and press. The subject I want to address is this: whether the principle of freedom of speech and press should be viewed as protecting some personal or individual interest in speaking and writing or whether it should be seen as fostering a collective or public interest. Sometimes this issue is stated as being whether the first amendment protects a "right to speak" or a "right to hear," though in general the problem seems to be whether we should …
The First Amendment Reconsidered: New Perspectives On The Meaning Of Freedom Of Speech And Press, Michigan Law Review
The First Amendment Reconsidered: New Perspectives On The Meaning Of Freedom Of Speech And Press, Michigan Law Review
Michigan Law Review
A Review of The First Amendment Reconsidered: New Perspectives on the Meaning of Freedom of Speech and Press edited by Bill F. Chamberlin and Charlene J. Brown
Protecting The Free Speech Rights Of Insurgent Teachers' Unions: Evaluating The Constitutionality Of Exclusive Access To School Communications Facilities, Stephen E. Woodbury
Protecting The Free Speech Rights Of Insurgent Teachers' Unions: Evaluating The Constitutionality Of Exclusive Access To School Communications Facilities, Stephen E. Woodbury
University of Michigan Journal of Law Reform
Part I examines the traditional and limited public forum doctrines designed to guarantee speakers a right of access to public places, and finds these theories inadequate in the school union setting. Part II explores a recent addition to the free speech/equal protection analysis: the content neutrality doctrine. This doctrine mandates that when a school board allows one union to express its viewpoints, a duty is created to provide equivalent access to all unions, absent a compelling state interest. Part III reviews several justifications for limiting non-EBA access, and finds most of them without merit and none of them adequate to …
Regulation Of Indecency In Political Broadcasting, Jonathan Golomb
Regulation Of Indecency In Political Broadcasting, Jonathan Golomb
University of Michigan Journal of Law Reform
The article considers both the constitutional and statutory aspects of the regulation of indecency in political broadcasting. The discussion is limited to considering "indecency," a term excluding obscenity or incitement to violence, because the government's power to regulate these types of speech is well established. Indecent speech would be protected if used in the print media, since it does not fall within the established First Amendment exceptions. The basic constitutional question, therefore, is whether the broadcast media are inherently different from the print media, so as to justify different treatment of indecent political speech. This article will contend that they …
Sports Anti-Siphoning Rules For Pay Cable Television: A Public Right To Free Tv?, M. Agnes Siedlecki
Sports Anti-Siphoning Rules For Pay Cable Television: A Public Right To Free Tv?, M. Agnes Siedlecki
Indiana Law Journal
No abstract provided.
The Fairness Doctrine And Access To Reply To Product Commercials, Susan T. Edlavitch
The Fairness Doctrine And Access To Reply To Product Commercials, Susan T. Edlavitch
Indiana Law Journal
No abstract provided.
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 …
Prior Restraints On Demonstrations, Vince Blasi
Prior Restraints On Demonstrations, Vince Blasi
Michigan Law Review
The starting point for the analysis that follows is the belief that new constitutional doctrine--both substantive and procedural--is urgently needed. That conclusion rests on two critical assumptions--assumptions which may not be shared by others who read history differently, or who have had different personal experiences regarding prior restraints on demonstrations, or who have different behavioral impressions based on observation and conversation, or best of all, who have quantitative data on the problem.
The Duty Of Newspapers To Accept Political Advertising - An Attack On Tradition, William A. Resneck
The Duty Of Newspapers To Accept Political Advertising - An Attack On Tradition, William A. Resneck
Indiana Law Journal
No abstract provided.
The Warren Court And The Press, John P. Mackenzie
The Warren Court And The Press, John P. Mackenzie
Michigan Law Review
The conventional wisdom about the relationship between the ·warren Court and the news media runs something like this: With a few exceptions, the press corps is populated by persons with only a superficial understanding of the Court, its processes, and the values with which it deals. The Court has poured out pages of legal learning, but its reasoning has been largely ignored by a result-oriented news industry interested only in the superficial aspects of the Court's work. The Court can trace much of its "bad press," its "poor image," to the often sloppy and inaccurate work of news gatherers operating …
"Uninhibited, Robust, And Wide-Open"--A Note On Free Speech And The Warren Court, Harry Kalven Jr.
"Uninhibited, Robust, And Wide-Open"--A Note On Free Speech And The Warren Court, Harry Kalven Jr.
Michigan Law Review
There are several ways to give at the outset, in quick summary, an over-all impression of the Warren Court in the area of the first amendment. The quotation in the title can for many reasons be taken as its trademark. The quotation comes, of course, from a statement about public debate made in the Court's preeminent decision, New York Times v. Sullivan, and it carries echoes of Alexander Meiklejohn. We have, according to Justice Brennan, "a profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open .... " What catches the eye is …
Constitutional Law - Freedom Of The Press - Restraints On Publication, Maurice S. Culp
Constitutional Law - Freedom Of The Press - Restraints On Publication, Maurice S. Culp
Michigan Law Review
A recent Supreme Court decision establishes a new concept of freedom of the press, and adds new meaning to the liberty safeguarded by the Fourteenth Amendment. The defendant, Near, was enjoined from publishing his newspaper because it was alleged that the paper was largely devoted to the publication of malicious, scandalous, and defamatory articles about the grand jury, public officials, and others. The injunction was granted pursuant to a statute which made the publication of a malicious, scandalous, or defamatory newspaper, magazine, or periodical a nuisance subject to abatement by injunction. The Supreme Court of the United States decided that …
Freedom Of Speech And Of The Press In War Time The Espionage Act, Thomas F. Carroll
Freedom Of Speech And Of The Press In War Time The Espionage Act, Thomas F. Carroll
Michigan Law Review
The Imperial German Government had never made a secret of its willingness to encourage disloyalty among the citizens and subjects of Germany's enemies. It had officially announced: "Bribery of enemies' subjects, acceptance of offers of treachery, utilization of discontented elements in the population, support of pretenders and the like are permissible; indeed, international law is in no way opposed to the exploitation of the crimes of third parties."'