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Full-Text Articles in Law

The Death Of A Princess Cases: Television Programming By State-Owned Public Broadcasters And Viewers' First Amendment Rights, Jonathan Goodman Jul 1982

The Death Of A Princess Cases: Television Programming By State-Owned Public Broadcasters And Viewers' First Amendment Rights, Jonathan Goodman

University of Miami Law Review

The United States Court of Appeals for the Fifth Circuit consolidated and reheard en banc two cases in which stateowned public television stations cancelled scheduled broadcasts because of the program's content. After examining the first amendment issues that arise when the government exercises editorial discretion in selecting programs, the author concludes that the Fifth Circuit's opinion does not sufficiently protect viewers' interests.


Protecting The Free Speech Rights Of Insurgent Teachers' Unions: Evaluating The Constitutionality Of Exclusive Access To School Communications Facilities, Stephen E. Woodbury Apr 1982

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 …


The Skokie Legacy: Reflections On An "Easy Case" And Free Speech Theory, Lee C. Bollinger Mar 1982

The Skokie Legacy: Reflections On An "Easy Case" And Free Speech Theory, Lee C. Bollinger

Michigan Law Review

A Review of Defending My Enemy: American Nazis, the Skokie Case, and the Risks of Freedom by Aryeh Neier


Regulating Pornography: Recent Legal Trends, Alan C. Weinstein Feb 1982

Regulating Pornography: Recent Legal Trends, Alan C. Weinstein

Law Faculty Articles and Essays

Since the Supreme Court's 1976 decision in Young v. American Mini Theaters, Inc., 427 U.S. 50 (1976) local governments have been permitted to single out adult bookstores and theaters for special regulatory treatment.' In the wake of Young, many municipalities enacted "pornography zoning" ordinances based on the Detroit dispersion model. Observing this trend in 1978, the Harvard Law Review noted that these municipalities were interpreting Young as approving pornography zoning as constitutionally acceptable "in nearly all circumstances." 2 This interpretation seemed incorrect, however, to the Review's editors: "Detroit's pornography zoning was found to satisfy three established First Amendment criteria; future …


Transnational Freedom Of Speech: Legal Aspects Of The Helsinki Final Act, Jordan J. Paust Jan 1982

Transnational Freedom Of Speech: Legal Aspects Of The Helsinki Final Act, Jordan J. Paust

Law and Contemporary Problems

No abstract provided.


Freedom Of Speech In North Carolina Prior To Gitlow V. New York, With A Forward Glance Thereafter, The Hon. Harry C. Martin Jan 1982

Freedom Of Speech In North Carolina Prior To Gitlow V. New York, With A Forward Glance Thereafter, The Hon. Harry C. Martin

Campbell Law Review

The primary purpose of this article is to review the concept of freedom of speech in North Carolina prior to Gitlow v. New York. Gitlow, of course, held the first amendment right of freedom of speech in the United States Constitution was applicable to the states through the vehicle of the fourteenth amendment. Prior to 1 July 1971, neither the fundamental laws of North Carolina nor any provision in its constitution guaranteed freedom of speech. Therefore, to some extent the question is whether freedom of speech was recognized by the courts of North Carolina prior to Gitlow and, if so, …


Law And Aesthetics: A Critique And A Reformulation Of The Dilemmas, John Costonis Jan 1982

Law And Aesthetics: A Critique And A Reformulation Of The Dilemmas, John Costonis

Journal Articles

No abstract provided.


The Free Speech Metamorphosis Of Mr. Justice Holmes, David S. Bogen Jan 1982

The Free Speech Metamorphosis Of Mr. Justice Holmes, David S. Bogen

Faculty Scholarship

No abstract provided.


Constitutional Rights Of Noncommercial Boycotters: A Delicate Balance, Laurence Paskowitz Jan 1982

Constitutional Rights Of Noncommercial Boycotters: A Delicate Balance, Laurence Paskowitz

Hofstra Law Review

No abstract provided.


The Free Speech Metamorphosis Of Mr. Justice Holmes, David S. Bogen Jan 1982

The Free Speech Metamorphosis Of Mr. Justice Holmes, David S. Bogen

Hofstra Law Review

No abstract provided.


Toward A Better Understanding Of The Prior Restraint Doctrine: A Reply To Professor Mayton, Howard O. Hunter Jan 1982

Toward A Better Understanding Of The Prior Restraint Doctrine: A Reply To Professor Mayton, Howard O. Hunter

Cornell Law Review

No abstract provided.


Toward A Theory Of First Amendment Process: Injunctions Of Speech Subsequent Punishment And The Costs Of The Prior Restraint Doctrine, William T. Mayton Jan 1982

Toward A Theory Of First Amendment Process: Injunctions Of Speech Subsequent Punishment And The Costs Of The Prior Restraint Doctrine, William T. Mayton

Cornell Law Review

No abstract provided.


Free Speech Or Economic Weapon? The Persisting Problem Of Picketing, Theodore J. St. Antoine Jan 1982

Free Speech Or Economic Weapon? The Persisting Problem Of Picketing, Theodore J. St. Antoine

Articles

"Peaceful picketing," the United States Supreme Court has said, "is the workingman's means of communication."' One line of analysis is that, as a means of communication, picketing is free speech and is therefore entitled to every constitutional protection afforded other forms of expression. This means that it cannot be subjected to special restrictions, such as antiboycott curbs, simply because it is picketing. The opposing line of analysis is that picketing is not simply speech; it is "speech plus." The "plus" element removes picketing from the realm of pure speech and enables it to be regulated in ways that the Constitution …


The Right Of Publicity Vs. The First Amendment: Reconciling The Conflict Between A Proprietary Interest Of The Plaintiff And The Constitutional Guarantee Of Free Speech, Ganesh Bala Jan 1982

The Right Of Publicity Vs. The First Amendment: Reconciling The Conflict Between A Proprietary Interest Of The Plaintiff And The Constitutional Guarantee Of Free Speech, Ganesh Bala

Villanova Law Review

No abstract provided.


A Graphic Review Of The Free Speech Clause, William W. Van Alstyne Jan 1982

A Graphic Review Of The Free Speech Clause, William W. Van Alstyne

Faculty Scholarship

This work acts as a spring board for the study of the Free Speech Clause of the First Amendment. It builds useful graphical representations of complex constitutional theories from the ground up, allowing students to follow both development and the application of these theories.


The Skokie Legacy: Reflections On An "Easy Case" And Free Speech Theory, Lee C. Bollinger Jan 1982

The Skokie Legacy: Reflections On An "Easy Case" And Free Speech Theory, Lee C. Bollinger

Faculty Scholarship

Few legal disputes in the last decade captured public attention with such dramatic force as that involving a small band of Nazis and the village of Skokie. For well over a year, the case was seldom out of the news and often thought to merit front page coverage. It all began in the spring of 1977 when Frank Collin, the leader of the Chicago-based National Socialist Party of America, requested a permit to march in front of the Skokie village hall. The community, with a Jewish population of over 40,000, several thousand of whom had survived the Holocaust, mobilized all …