Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 18 of 18

Full-Text Articles in Law

Keeping Mud Off The Bench: The First Amendment And Regulation Of Candidates’ False Or Misleading Statements In Judicial Elections, Adam R. Long Nov 2001

Keeping Mud Off The Bench: The First Amendment And Regulation Of Candidates’ False Or Misleading Statements In Judicial Elections, Adam R. Long

Duke Law Journal

No abstract provided.


The First Amendment And Speech-Based Torts: Recalibrating The Balance, Quin S. Landon Oct 2001

The First Amendment And Speech-Based Torts: Recalibrating The Balance, Quin S. Landon

University of Miami Law Review

No abstract provided.


Freedom Of Speech And True Threats, Jennifer E. Rothman Oct 2001

Freedom Of Speech And True Threats, Jennifer E. Rothman

All Faculty Scholarship

This article proposes a new test for determining what is a true threat - speech not protected by the First Amendment. Despite the importance of the true threats exception to the First Amendment, this is an underexplored area of constitutional law.

Even though the Supreme Court has made clear that true threats are punishable, it has not clearly defined what speech constitutes a true threat. To make this determination circuit courts have adopted inconsistent and inadequate tests including a reasonable listener test. The Supreme Court has never granted certiorari to resolve the issue.

The law surrounding threats has gained recent …


Applying Mcintyre V. Ohio Elections Commission To Anonymous Speech On The Internet And The Discovery Of John Doe's Identity, Caroline E. Strickland Sep 2001

Applying Mcintyre V. Ohio Elections Commission To Anonymous Speech On The Internet And The Discovery Of John Doe's Identity, Caroline E. Strickland

Washington and Lee Law Review

No abstract provided.


Untangling The World Wide Web: Restricting Children's Access To Adult Materials While Preserving The Freedoms Of Adults, Tim Specht Jul 2001

Untangling The World Wide Web: Restricting Children's Access To Adult Materials While Preserving The Freedoms Of Adults, Tim Specht

Northern Illinois University Law Review

This comment examines the current state of the law in the area of internet regulation restricting children's access to adult material. This area of law is very new, with the majority of case precedent developed over just the last five or six years. Although the term "Internet" applies to various aspects of cyberspace including the World Wide Web, e-mail, chat rooms, listservs, newsgroups, FTP sites, and other interactive environments, this essay will focus mainly on the area of the World Wide Web. Part I of this comment provides a brief overview of the U.S. Supreme Court precedent relating to freedom …


Hate And The Bar: Is The Hale Case Mccarthyism Redux Or A Victory For Racial Equality?, W. Bradley Wendel May 2001

Hate And The Bar: Is The Hale Case Mccarthyism Redux Or A Victory For Racial Equality?, W. Bradley Wendel

Cornell Law Faculty Publications

The application of the constitutional free expression guarantee to the activities of the organized bar is one of the most important unexplored areas of legal ethics. In this essay I will consider in particular the question of whether an applicant may be denied admission to the bar for involvement with hateful or discriminatory activities. This question reveals the tension between the first amendment principle, established after the agonizing struggles of the McCarthy era, that no one may be denied membership in the bar because of his or her beliefs alone, and the plenary authority of bar associations to make predictive …


Injustice In Our Schools: Students' Free Speech Rights Are Not Being Vigilantly Protected, Heather K. Lloyd May 2001

Injustice In Our Schools: Students' Free Speech Rights Are Not Being Vigilantly Protected, Heather K. Lloyd

Northern Illinois University Law Review

For many years, the Supreme Court and lower courts have been struggling to protect students' free speech rights while allowing school officials to operate schools efficiently and effectively. In the past this balance was struck in favor of protecting students' rights by only allowing regulations that are necessary to avoid substantial disruption to the school environment. For the past fourteen years, however, the balance has been struck in favor of schools and against protecting students' rights by upholding the regulations of school officials as long as they are reasonable. This lower standard of scrutiny for school regulations imposed on students …


Performance And Politics: An Argument For Expanded First Amendment Protection Of Homosexual Expression, Jennifer Minear Apr 2001

Performance And Politics: An Argument For Expanded First Amendment Protection Of Homosexual Expression, Jennifer Minear

Cornell Journal of Law and Public Policy

No abstract provided.


Antidiscrimination Laws And The First Amendment, David E. Bernstein Jan 2001

Antidiscrimination Laws And The First Amendment, David E. Bernstein

Missouri Law Review

Part I of this Article discusses the development of Supreme Court doctrine regarding First Amendment challenges to the enforcement of antidiscrimination laws. Part II discusses attempted justifications by courts and academics for applying the toothless compelling interest test in conflicts between the First Amendment and antidiscrimination laws. Rationales have ranged from Congress’ purported intent to eradicate discrimination by passing Title VII of the 1964 Civil Rights Act to the anti-caste attributes of the Reconstructions Amendments. All of these arguments fail. Also examined is the threat reliance on the compelling interest test posed to the rights of speech, expressive association, and …


First Amendment Protects Crude Protest Of Police Action, Martin A. Schwartz Jan 2001

First Amendment Protects Crude Protest Of Police Action, Martin A. Schwartz

Scholarly Works

No abstract provided.


Off His Rocker: Sports Discipline And Labor Arbitration, Roger I. Abrams Jan 2001

Off His Rocker: Sports Discipline And Labor Arbitration, Roger I. Abrams

Marquette Sports Law Review

No abstract provided.


What Passes For Policy And Proof In First Amendment Litigation?, Rodney A. Smolla Jan 2001

What Passes For Policy And Proof In First Amendment Litigation?, Rodney A. Smolla

Scholarly Articles

Not available.


The Use, Nonuse, And Misuse Of Low Value Speech, Arnold H. Loewy Jan 2001

The Use, Nonuse, And Misuse Of Low Value Speech, Arnold H. Loewy

Washington and Lee Law Review

No abstract provided.


The Inadequacies Of Civil Society: Law's Complementary Role In Regulating Harmful Speech, Andrew E. Taslitz Jan 2001

The Inadequacies Of Civil Society: Law's Complementary Role In Regulating Harmful Speech, Andrew E. Taslitz

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Fighting Words, Richard L. Abel Jan 2001

Fighting Words, Richard L. Abel

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


John Rocker And Employee Discipline For Speech, Lewis Kurlantzick Jan 2001

John Rocker And Employee Discipline For Speech, Lewis Kurlantzick

Marquette Sports Law Review

No abstract provided.


Why Doesn't She Leave? The Collision Of First Amendment Rights And Effective Court Remedies For Victims Of Domestic Violence, Laurie S. Kohn Jan 2001

Why Doesn't She Leave? The Collision Of First Amendment Rights And Effective Court Remedies For Victims Of Domestic Violence, Laurie S. Kohn

Georgetown Law Faculty Publications and Other Works

Despite the persistence of the question, social science literature is replete with reasons why a victim does not or cannot leave a battering relationship. Commonly cited explanations include lack of financial resources; fear of physical retribution; lack of access to information about options for escape; enduring love for the batterer and belief he will change; learned helplessness; and depression. This Article, however, focuses on a pervasive and previously unexamined reason: the victim's fear that the batterer will publicize truthful confidential information that will hurt her. If the victim were to seek the court's protection, most state courts have the authority …


Freedom Of Expression In New York State: What Remains Of People Ex Rel. Arcara V. Cloud Books, Inc.?, Jeremy J. Bethel Jan 2001

Freedom Of Expression In New York State: What Remains Of People Ex Rel. Arcara V. Cloud Books, Inc.?, Jeremy J. Bethel

Fordham Urban Law Journal

This Note explores the decline of People ex rel. Arcara in New York State jurisprudence over the last decade. It first describes traditional and contemporary methods of testing free expression infringements, including a discussion of federal minimum standards, and protection expansions implemented by the New York Court of Appeals. Next, it describes the effect of federal "secondary effects" jurisprudence upon the People ex rel. Arcara standard, and how that encounter skewed lower court application of that standard for all cases involving "content-neutral" infringement of protected speech. Finally, it examines the illogical consequences of the court of appeals' method of deciding …