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Articles 1 - 15 of 15
Full-Text Articles in Law
Radically Subversive Speech And The Authority Of Law, Steven D. Smith
Radically Subversive Speech And The Authority Of Law, Steven D. Smith
Michigan Law Review
This essay attempts to use a familiar, relatively concrete constitutional question to think about a familiar, relatively abstract jurisprudential question - and vice versa. The constitutional question asks why we should give legal protection to what I will call "radically subversive speech." The jurisprudential question concerns the ancient problem of the legitimacy or authority of law in general. "What is law," as Philip Soper puts the question, "that I should obey it?" I will try in this essay to show that the abstract question sheds light on the more concrete one - and vice versa.
The Wall Crumbles: A Look At The Establishment Clause Rosenberger V. Rector & Visitors Of The University Of Virginia, Paul L. Hicks
The Wall Crumbles: A Look At The Establishment Clause Rosenberger V. Rector & Visitors Of The University Of Virginia, Paul L. Hicks
West Virginia Law Review
No abstract provided.
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 …
Business Information And "Personal Data": Some Common-Law Observations About The Eu Draft Data Protection Directive, James Maxeiner
Business Information And "Personal Data": Some Common-Law Observations About The Eu Draft Data Protection Directive, James Maxeiner
All Faculty Scholarship
Discusses the public interest in the free flow of information.
The Freedom Of Speech At Risk In Cyberspace: Obscenity Doctrine And A Frightened University’S Censorship Of Sex On The Internet, Jeffrey E. Faucette
The Freedom Of Speech At Risk In Cyberspace: Obscenity Doctrine And A Frightened University’S Censorship Of Sex On The Internet, Jeffrey E. Faucette
Duke Law Journal
No abstract provided.
Bad News, Good News For The First Amendment, In Supreme Court Review Of The 1993-94 Term,, David F. Forte
Bad News, Good News For The First Amendment, In Supreme Court Review Of The 1993-94 Term,, David F. Forte
Law Faculty Articles and Essays
With the passage of the Freedom of Access to Clinic Entrances Act (F.A.C.E.), and the Supreme Court’s decision in NOW v. Scheidler, pro-life activists who engage in civil disobedience will suffer far greater legal disabilities than have been placed upon other protest movements in American history. But following Madsen, pro-life demonstrators can now take advantage of protections not previously articulated by the Court. So long as they do not engage in repetitive illegalities, pro-life demonstrators can count on strong First Amendment guarantees.
Equality And Freedom Of Speech (Eighteenth Annual Law Review Symposium: Demise Of The First Amendment? Focus On Rico And Hate Crime Litigation), Terrance Sandalow
Equality And Freedom Of Speech (Eighteenth Annual Law Review Symposium: Demise Of The First Amendment? Focus On Rico And Hate Crime Litigation), Terrance Sandalow
Other Publications
The editors responsible for today's symposium have posed an alarming question: whether we are witnessing the demise of the First Amendment. I want to dispel at the outset any anxiety the question may have aroused. The First Amendment is alive and well; indeed, it is thriving. I believe, though I cannot prove, that public respect for the values it expresses has never been greater than it has been in recent years. Whether or not I am correct in that belief, however, it is certain that constitutional protections against governmental efforts to limit speech and other forms of expressive activity are …
Redefining Freedom Of Speech Under International Space Law: The Need For Bilateral Communications Alliances To Resolve The Debate Between The "Free Flow Of Information" And "Prior Consent" Schools Of Thought, Albert N. Delzeit, Robin M. Wahl
Redefining Freedom Of Speech Under International Space Law: The Need For Bilateral Communications Alliances To Resolve The Debate Between The "Free Flow Of Information" And "Prior Consent" Schools Of Thought, Albert N. Delzeit, Robin M. Wahl
ILSA Journal of International & Comparative Law
The International Court of Justice (ICJ) has a dilemma. Imagine the Utopian States' positions a $236 million satellite system in the geosynchronous orbit to broadcast Utopian programming into Atlantis. Atlantis is outraged. Atlantis believes that Utopian programming not only destroys the cultural identity of Atlantis, but also advocates the overthrow of the Atlantian government. Despite protests by Atlantis, the Utopian States assert that international freedom of speech protects the broadcast.
Comparing Implied And Express Constitutional Freedoms, David S. Bogen
Comparing Implied And Express Constitutional Freedoms, David S. Bogen
Faculty Scholarship
No abstract provided.
Hate Speech On Campus And The First Amendment: Can They Be Reconciled?, Thomas A. Schweitzer
Hate Speech On Campus And The First Amendment: Can They Be Reconciled?, Thomas A. Schweitzer
Scholarly Works
No abstract provided.
Money Talks: The First Amendment Implications Of Counterfeiting Law, Julie K. Staple
Money Talks: The First Amendment Implications Of Counterfeiting Law, Julie K. Staple
Indiana Law Journal
No abstract provided.
Free Choice And The First Amendment Or Would You Read This If I Held It In Your Face And Refused To Leave ?, Anne D. Lederman
Free Choice And The First Amendment Or Would You Read This If I Held It In Your Face And Refused To Leave ?, Anne D. Lederman
Case Western Reserve Law Review
No abstract provided.
Is It The Siren’S Call?: Judges And Free Speech While Cases Are Pending, Erwin Chemerinsky
Is It The Siren’S Call?: Judges And Free Speech While Cases Are Pending, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Free Speech And Due Process In The Workplace, Cynthia L. Estlund
Free Speech And Due Process In The Workplace, Cynthia L. Estlund
Indiana Law Journal
No abstract provided.
Publications That Incite, Solicit, Or Instruct: Publisher Responsibility Or Caveat Emptor?, Terri R. Day
Publications That Incite, Solicit, Or Instruct: Publisher Responsibility Or Caveat Emptor?, Terri R. Day
Santa Clara Law Review
No abstract provided.