Communications Law Commons^™

The Pentagon Papers - Victory For A Free Press, William R. Glendon

Cardozo Law Review

No abstract provided.

Deception In Political Advertising: The Clash Between The First Amendment And Defamation Law, Evan Richman

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Does The Constitution Require That We Kill The Competitive Goose? Pricing Local Phone Services To Rivals, William J. Baumol, Thomas W. Merrill

Faculty Scholarship

This Article concludes a series by these authors and Professors J. Gregory Sidak and Daniel F. Spulber, published last year in this journal. Here, Professors Baumol and Merrill address the issues surrounding the pricing of local phone services to long distance rivals, clarifying their points of agreement and disagreement with Sidak and Spulber. In their previous articles, Sidak and Spulber argued that the movement toward competition in local telephone service should be accompanied by substantial compensation to existing local telephone carriers, a view that Baumol and Merrill do not share. Rather, they note three points of disagreement between Sidak and …

Section 254 Of The Telecommunications Act Of 1996: A Hidden Tax?, Nichole L. Millard

Federal Communications Law Journal

Congress has the sole power to levy and collect taxes. The Supreme Court has ruled that Congress may delegate this authority to administrative agencies so long as the will of Congress is clearly defined in the legislation. However, section 254 of the Telecommunications Act of 1996 operates as an unconstitutional delegation of Congress' authority to tax. This legislation provides the FCC with unfettered discretion in defining the boundaries of universal service and the authority to mandate that all consumers of telecommunications services subsidize the cost for low-income and rural consumers, as well as schools, libraries, and health care providers.

Antitrust And Communications: Changes After The Telecommunications Act Of 1996, Douglas B. Mcfadden

Federal Communications Law Journal

The 1996 Telecommunications Act is a return to competition in telephony which existed at the beginning of the century. The enactment of the '96 Act will significantly change the application of the antitrust laws to communications activities. Prior to the enactment of the '96 Act, telecommunications companies were somewhat immunized from full application of the antitrust laws regarding mergers and acquisitions because of regulation by the Federal Communications Commission and the state public utility commissions. Now, telephone companies will be fully subject to antitrust scrutiny under three schemes: the Clayton Act, the Hart-Scott- Rodino Act, and the FCC public interest …

Freedom Of Information Statutes: The Unfulfilled Legacy, Laura Schenck

Federal Communications Law Journal

When members of a state legislature debated and then voted on a controversial amendment to the state budget, the legislative clerk denied two reporters from a local newspaper access to a record of the roll call votes. The state supreme court upheld the denial in the face of a Freedom of Information (FOI) request. This example illustrates the shortcomings of most freedom of information statutes; in most cases, the legislative branch has quietly exempted itself from disclosure requirements. Consequently, voters at both the state and federal level are not legally entitled to know how their representatives have voted.

The Author …

Blocking Preemption: Convergence, Privacy, And The Fcc's Misguided Regulation Of Caller Id, Laura V. Eng

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Once And Future Property-Based Vision Of The First Amendment, John O. Mcginnis

Articles

The growth of the information superhighway depends not only on technological developments, but also on our society's commitment to the free flow of information. Paradoxically, however, as the digital revolution in telecommunications is bringing the information superhighway into sharp focus, the justifications for contemporary First Amendment jurisprudence are becoming blurred.

Your Life As An Open Book: Has Technology Rendered Personal Privacy Virtually Obsolete?, Sandra Byrd Peterson

Federal Communications Law Journal

As society becomes increasingly automated, the ability of individuals to protect their "information privacy" is practically nonexistent. Information that was once kept on paper in filing cabinets is now on-line in computer databases. At the touch of a computer key, a complete stranger can conveniently access and compile from a variety of different sources a dossier of intimate, personal information about people without their knowledge. Perhaps more shocking is the current lack of legal recourse available to contest the nonconsensual use of personal data.

In this Note, the Author examines the currently loose constitutional and common-law protections and suggests strategies …

Up In Smoke: The Ftc's Refusal To Apply The "Unfairness Doctrine" To Camel Cigarette Advertising, John Harrington

Federal Communications Law Journal

RJR Nabisco's cigarette advertising icon "Joe Camel" has become one of the most-recognized marketing mascots in America. Unfortunately, the debonair cartoon character attracts recognition, and cigarette buyers, among children. The huge popularity of the advertising campaign among an arguably inappropriate market prompted action by both legislators and the Federal Trade Commission. However, 1990 legislation did not pass the committee stage, and the FTC ended its investigation of the questionable effect the advertising had on children in 1994.

Although the FTC chose not to limit or ban RJR Nabisco's use of Old Joe, this Note contends that regulation was within the …

Pulling The Plug: Controversial Programming On Public Access Television And The Cable Television Consumer Protection And Competition Act Of 1992, 28 J. Marshall L. Rev. 399 (1995), Bradley J. Howard

UIC Law Review

No abstract provided.

Consolidation, Coordination, Competition, And Coherence: In Search Of A Forward Looking Communications Policy, Mark D. Director, Michael Botein

Articles & Chapters

No abstract provided.

Introduction, Jamey Gambrell

Cardozo Arts & Entertainment Law Journal

No abstract provided.

A Law Antecedent And Paramount, Fred H. Cate

Articles by Maurer Faculty

No abstract provided.

Outing: Justifiable Or Unwarranted Invasion Of Privacy? The Private Facts Tort As A Remedy For Disclosures Of Sexual Orientation, Barbara Moretti

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Moment Of Constitutional Opportunity, Marci A. Hamilton

Cardozo Law Review

Professor Sunstein speaks perceptively to the debate over how the Eastern European countries should proceed following their sudden constitutional crises. The Eastern European framer would do well to keep his checklist of constitutional features at hand. Two aspects of his task, however, raise rather interesting and related questions. At base, I raise the question of whether Eastern Europe has reached the "moment of constitutional opportunity" that Professor Sunstein asserts it has.

The First Amendment Fights Back: A Proposal For The Media To Reclaim The Battlefield After The Persian Gulf War, Michelle Tulane Mensore

Washington and Lee Law Review

No abstract provided.

Gentile V. State Bar Of Nevada: Implications For The Media, Gregory A. Garbacz

Washington and Lee Law Review

No abstract provided.

Sanctioning Voice: Quotation Marks, The Abolition Of Torture, And The Fifth Amendment, Margreta De Grazia

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The New York Law School Reporter, Vol. 9, No. 3, November, 1991, New York Law School

Student Newspapers

No abstract provided.

A Proposal To Curb Congressional Interference With The National Endowment-For The Arts, Nancy Ravitz

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Passive Communication In Public Fora: The Case For First Amendment Protection Of Newsracks, Sandra L. Cobden

Cardozo Law Review

No abstract provided.

Shnitzer V. Chief Military Censor, Aharon Barak, Yaakov Melitz, Shulamit Wallenstein

Translated Opinions

[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.] 

This petition concerns the decision by the First Respondent to prohibit, under its authority according to Regulation 87(1) of the Defense Regulations (State of Emergency) 1945, the publication of a newspaper article criticizing the functioning of the Director of the Institute for Intelligence and Special Operations (the “Mossad”,) while noting the upcoming change in Mossad directors. After submitting to the First Respondent different versions …

Diminishing Expectations Of Privacy In The Rehnquist Court, 22 J. Marshall L. Rev. 825 (1989), Laurence A. Benner

UIC Law Review

No abstract provided.

Pool Coverage, Press Access, And Presidential Debates: What’S Wrong With This Picture, Wendy S. Zeligson

Cardozo Law Review

No abstract provided.

The Right To Speak, The Right To Hear, And The Right Not To Hear: The Technological Resolution To The Cable/Pornography Debate, Michael I. Meyerson

All Faculty Scholarship

The advent of cable television presented a new opportunity to consider the competing interests on each side of the free speech/pornography debate. This Article attempts to construct an analysis that will be consistent with Supreme Court teaching on how government, under the first amendment, may constitutionally regulate legal obscenity, particularly in the name of protecting those who wish to avoid exposure to such material.

The Article shows how, unlike earlier battles over technology and pornography, cable television presented the novel opportunity to have a technological rather than a censorial solution to this difficult problem.

The Clergy-Penitent Privilege And The Child Abuse Reporting Statute: Is The Secret Sacred, 19 J. Marshall L. Rev. 1031 (1986), Kathryn Keegan

UIC Law Review

No abstract provided.

State V. Delaurier: Privacy Rights And Cordless Telephones - The Fourth Amendment Is Put On Hold, 19 J. Marshall L. Rev. 1087 (1986), Donald Battaglia

UIC Law Review

No abstract provided.

The First Amendment, Commercial Speech, And The Advertising Lawyer, Justice Vernon R. Pearson, Michael O'Neill

Seattle University Law Review

The Supreme Court, in a few cases scattered over several decades, has implied the existence of a public right to a free flow of information as one facet of the freedom of speech; yet the Court has refrained from specifically basing a decision on any such right. But with the recent line of commercial speech decisions, the concept-of a public right to a free flow of information has become firmly established and merits detailed examination. That right, and the rationale of the Court in its commercial speech cases, may have far ranging implications. This Article explores these implications in three …

Cameras In The Courtroom: Guidelines For State Criminal Trials, Nancy T. Gardner

Michigan Law Review

This Note analyzes the conflicting interests involved in televising state criminal trials and proposes a model set of guidelines for consideration by states that decide to permit electronic media in their courtrooms. The Note favors restrictions on broadcasters once in the courtroom and advocates that the defendant's right to a fair trial receive more scrupulous protection than the broadcast media's interest in attendance and the public's "right to know." Part I presents the constitutional principles with which any set of guidelines must comply. Part II analyzes the policy considerations that should guide the formulation of state guidelines, and concludes that …