Law Commons^™

Modern Technology And The Conflict Between Copyright And Free Speech: The Application Of Copyright Law To Television Newscasts, James A. Wells

West Virginia Law Review

No abstract provided.

Images Of The Outsider In American Law And Culture: Can Free Expression Remedy Systemic Social Ills, Richard Delgado, Jean Stefancic

Cornell Law Review

No abstract provided.

When First Amendment Principles And Local Zoning Regulations Collide, Steven I. Brody

Northern Illinois University Law Review

This article examines the conflict between municipal restrictions on adult uses and the fundamental right to freedom of speech. Mr. Brody reviews the Supreme Court tests for resolving the conflict and concludes that most zoning regulations affecting adult uses will be examined under the O'Brien/Heffron tests: (1) the ordinance must provide a sufficient factual basis to support a finding of substantial or important governmental interest; (2) the ordinance's definitions of adult uses and restrictions must be narrowly tailored to affect only those businesses which the ordinance intends to regulate; and (3) the ordinance must provide reasonable alternative channels of communication …

Promises Of Confidentiality: Do Reporters Really Have To Keep Their Word, Harold B. Oakley

Missouri Law Review

In an industry in which information is the ultimate commodity, a new dilemma that confronts the media world is whether the First Amendment protects news gatherers from sources who try to enforce promises of confidentiality. The debate raised in Cohen v. Cowles Media Co. pits the First Amendment freedoms of the press and speech against concepts of contracts and torts that are deeply rooted in our legal heritage. At least two reasons make promises of confidentiality important to the newsgathering profession. First, breaking a promise of confidentiality that has induced a source to provide information is dishonorable. Second, sources may …

Transforming Free Speech: The Ambiguous Legacy Of Civil Libertarianism, Gregory P. Magarian

Michigan Law Review

A Review of Transforming Free Speech: The Ambiguous Legacy of Civil Libertarianism by Mark A. Graber

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 …

Free Speech In The United States And Canada, Kent Greenawalt

Law and Contemporary Problems

A comparison of freedom of speech in the US and Canada is presented. Supreme Court decisions on this issue in both countries are discussed. Both countries believe that free speech is central to liberal democracy.

Mass Communications And The First Amendment: An Overview, L. A. Powe Jr.

Law and Contemporary Problems

Traditionally, mass communications issues have been slighted or ignored in first amendment writings. The Supreme Court deals with each type of harm resulting from this issue separately.

The Canadian Constitutional Approach To Freedom Of Expression In Hate Propaganda And Pornography, Kathleen Mahoney

Law and Contemporary Problems

Canadian courts are in the process of challenging existing thought about the constitutional protection of freedom of expression. Establishing equality requires reciprocity of respect and parity of regard for physical dignity and personal integrity. Canadian Supreme Court decisions on pornography are discussed.

Banning Broadcasting – A Transatlantic Perspective, Geoffrey Bennett, Russel L. Weaver

Journal Articles

The British Government's decision to prohibit radio and television networks from airing interviews or statements by members of certain Northern Ireland organizations, or by allies and sympathizers of such organizations (the Broadcasting Ban or Ban) is analyzed in context. From an analysis of the Ban, some conclusions are drawn about the nature of judicial review.

The Thomas Hearings: Watching Ourselves, Robert F. Nagel

Publications

No abstract provided.

Practical Reason: The Commercial Speech Paradigm, Edward J. Eberle

Case Western Reserve Law Review

No abstract provided.

Barnes V. Glen Theatre: Censorship--So What, Timothy M. Tesluk

Case Western Reserve Law Review

No abstract provided.

The End Of New York Times V Sullivan: Reflections On Masson V New Yorker Magazine, Lee C. Bollinger

Faculty Scholarship

Virtually every year since New York Times v Sullivan, the Supreme Court has decided at least one or two First Amendment cases involving the press. This now seemingly permanent, annual pageant of media cases undoubtedly has significance for the development of both constitutional law and the character of American journalism, though oddly that significance has been little explored in the scholarly literature. This past year the Court had two cases, both of which received an unusual amount of discussion within the press. It is, of course, understandable, even if not wholly defensible, for the press to give disproportionate coverage …

Free Speech In The United States And Canada, Kent Greenawalt

Faculty Scholarship

This comparison of freedom of speech in the United States and Canada concentrates on Supreme Court decisions in the two countries and on kinds of speech mainly engaged in by extreme dissenters and political outsiders. After brief comments about constitutional language and general approaches, I discuss subversive speech and other speech that encourages criminal acts, hate speech, symbolic speech, and public demonstrations.

In both countries, a major premise of modern adjudication is that freedom of expression is a central feature of liberal democracy. Government "by the people," even in the extended sense of government by representatives, requires that citizens openly …

Public Employees' Freedom Of Association: Should Connick V. Myers' Speech-Based Public-Concern Rule Apply?, Mark Strauss

Fordham Law Review

No abstract provided.

Gentile V. State Bar Of Nevada: Trial In The Court Of Public Opinion And Coping With Model Rule 3.6 - Where Do We Go From Here, Lynn S. Fulstone

Villanova Law Review

No abstract provided.

Canon 7 Restrictions On The Political Speech Of Judicial Candidates: Judging Those Who Would Be Judges, Kathleen Margaret Sholette

Villanova Law Review

No abstract provided.