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Articles 2521 - 2550 of 3422

Full-Text Articles in Constitutional Law

Restricting Hate Speech Against Private Figures: Lessons In Power-Based Censorship From Defamation Law, Victor C. Romero Jan 2001

Restricting Hate Speech Against Private Figures: Lessons In Power-Based Censorship From Defamation Law, Victor C. Romero

Faculty Scholarship

This article examines the debate between those who favor greater protection for minorities vulnerable to hate speech and First Amendment absolutists who are skeptical of any burdens on pure speech. The author also provides another perspective on the debate by highlighting the "public/private figure" distinction as an area within First Amendment law that acknowledges differences in power, a construct anti-hate speech advocates should use to further their cause. Specifically, the author places the "public/private figure" division in a theoretical and historical context and then provides empirical support for the thesis that whites enjoy a more prominent societal role and greater …


The Public Sensibilities Forum, Leslie Gielow Jacobs Jan 2001

The Public Sensibilities Forum, Leslie Gielow Jacobs

McGeorge School of Law Scholarly Articles

No abstract provided.


Proactive Legislation And The First Amendment, Stuart Minor Benjamin Nov 2000

Proactive Legislation And The First Amendment, Stuart Minor Benjamin

Michigan Law Review

It is a commonplace that the world is changing rapidly, with whole sectors of the economy being transformed. New forms of communication, like the World Wide Web, e-mail, and satellite television, have risen from obscurity to ubiquity in less than a decade. The speed of these changes has led some to express concern about the ability of governments to respond. The fear is that governments cannot keep up with developments as they occur and thus get hopelessly behind. The solution, according to some, is for the government to act proactively - before a harm has arisen, so that the government …


If You Can't Say Something Nice, Don't Say Anything At All: Hill V. Colorado And The Antiabortion Protest Controversy, Christy E. Wilhelm Oct 2000

If You Can't Say Something Nice, Don't Say Anything At All: Hill V. Colorado And The Antiabortion Protest Controversy, Christy E. Wilhelm

Campbell Law Review

No abstract provided.


Santa Fe Independent School District V. Doe: The Constitutional Complexities Associated With Student-Led Prayer, Jennifer Carol Irby Oct 2000

Santa Fe Independent School District V. Doe: The Constitutional Complexities Associated With Student-Led Prayer, Jennifer Carol Irby

Campbell Law Review

No abstract provided.


Constitutional Law—Arkansas's Nondelegation Doctrine: The Arkansas Supreme Court Defines A Limit On The Delegation Of Legislative Authority To A Private Party. Leathers V. Gulf Rice Arkansas, Inc., 338 Ark. 425, 994 S.W.2d 481 (1999)., Benjamin Mccorkle Oct 2000

Constitutional Law—Arkansas's Nondelegation Doctrine: The Arkansas Supreme Court Defines A Limit On The Delegation Of Legislative Authority To A Private Party. Leathers V. Gulf Rice Arkansas, Inc., 338 Ark. 425, 994 S.W.2d 481 (1999)., Benjamin Mccorkle

University of Arkansas at Little Rock Law Review

No abstract provided.


Annotating The News: Mitigating The Effects Of Media Convergence And Consolidation, Eric B. Easton Oct 2000

Annotating The News: Mitigating The Effects Of Media Convergence And Consolidation, Eric B. Easton

University of Arkansas at Little Rock Law Review

No abstract provided.


Constitutional Law—First Amendment—Does The Right To Free Speech Trump The Right To Worship? Olmer V. City Of Lincoln, 192 F.3d 1176 (8th Cir. 1999)., Patti Stanley Oct 2000

Constitutional Law—First Amendment—Does The Right To Free Speech Trump The Right To Worship? Olmer V. City Of Lincoln, 192 F.3d 1176 (8th Cir. 1999)., Patti Stanley

University of Arkansas at Little Rock Law Review

No abstract provided.


The New World Of News Media, David Broder Oct 2000

The New World Of News Media, David Broder

University of Arkansas at Little Rock Law Review

No abstract provided.


Privacy And The Press In The New Millennium: How International Standards Are Driving The Privacy Debate In The United States And Abroad, Jane E. Kirtley Oct 2000

Privacy And The Press In The New Millennium: How International Standards Are Driving The Privacy Debate In The United States And Abroad, Jane E. Kirtley

University of Arkansas at Little Rock Law Review

No abstract provided.


Digital Replicas Of Celebrities: Copyright, Trademark, And Right Of Publicity Issues, Joseph J. Beard Oct 2000

Digital Replicas Of Celebrities: Copyright, Trademark, And Right Of Publicity Issues, Joseph J. Beard

University of Arkansas at Little Rock Law Review

No abstract provided.


The Better Means Of Preserving Free Expression: Thoughts On Vigilance, Responsibility, Stewardship, Journalism Education, And The Demise Of Value Systems, Don E. Tomlinson Oct 2000

The Better Means Of Preserving Free Expression: Thoughts On Vigilance, Responsibility, Stewardship, Journalism Education, And The Demise Of Value Systems, Don E. Tomlinson

University of Arkansas at Little Rock Law Review

No abstract provided.


Food Lion As Reform Or Revolution: "Publication Damages" And First Amendment Scrutiny, Susan M. Gilles Oct 2000

Food Lion As Reform Or Revolution: "Publication Damages" And First Amendment Scrutiny, Susan M. Gilles

University of Arkansas at Little Rock Law Review

No abstract provided.


All Monica, All Of The Time: The 24-Hour News Cycle And The Proof Of Culpability In Libel Actions, David A. Logan Oct 2000

All Monica, All Of The Time: The 24-Hour News Cycle And The Proof Of Culpability In Libel Actions, David A. Logan

University of Arkansas at Little Rock Law Review

No abstract provided.


Court Decisions As Information Sources For Journalists: How Journalists Can Better Cover Appellate Decisions, F. Dennis Hale Oct 2000

Court Decisions As Information Sources For Journalists: How Journalists Can Better Cover Appellate Decisions, F. Dennis Hale

University of Arkansas at Little Rock Law Review

No abstract provided.


Peaches, Speech, And Clarence Thomas: Yes, California, There Is A Justice Who Understands The Ramifications Of Controlling Commercial Speech, Jennifer R. Franklin Sep 2000

Peaches, Speech, And Clarence Thomas: Yes, California, There Is A Justice Who Understands The Ramifications Of Controlling Commercial Speech, Jennifer R. Franklin

Faculty Publications

No abstract provided.


Constitutional Law And Criminal Procedure—Media Ride-Alongs Into The Home: Can They Survive A Head-On Collision Between First And Fourth Amendment Rights? Wilson V. Layne, 526 U.S. 603 (1999), Deleith Duke Gossett Jul 2000

Constitutional Law And Criminal Procedure—Media Ride-Alongs Into The Home: Can They Survive A Head-On Collision Between First And Fourth Amendment Rights? Wilson V. Layne, 526 U.S. 603 (1999), Deleith Duke Gossett

University of Arkansas at Little Rock Law Review

No abstract provided.


On Casebooks And Canons Or Why Bob Jones University Will Never Be Part Of The Constitutional Law Canon, Neal Devins Jul 2000

On Casebooks And Canons Or Why Bob Jones University Will Never Be Part Of The Constitutional Law Canon, Neal Devins

Faculty Publications

No abstract provided.


Wilson, V Layne: Bans Press With Police In The Home, But Leaves Media Ride-Alongs Intact, Kathy A. Brown Jun 2000

Wilson, V Layne: Bans Press With Police In The Home, But Leaves Media Ride-Alongs Intact, Kathy A. Brown

West Virginia Law Review

No abstract provided.


Schmitt Reads Marx, Jorge E. Dotti May 2000

Schmitt Reads Marx, Jorge E. Dotti

Cardozo Law Review

No abstract provided.


Of Moons, Thongs, Holdings And Dicta: State V. Fly And The Rule Of Law, Thomas L. Fowler Apr 2000

Of Moons, Thongs, Holdings And Dicta: State V. Fly And The Rule Of Law, Thomas L. Fowler

Campbell Law Review

Section I of this Article reviews the facts of State v. Fly, North Carolina's law of indecent exposure prior to Fly and the Court of Appeals' decision. Section II analyzes the Supreme Court's opinion in Fly and the various rationales offered by the Court to justify its decision. Section III considers the plight of the trial judges in applying the principles, statements, and analysis announced in State v. Fly. Although trial judges must apply the rule of law, and therefore must abide by the "holding" in State v. Fly, this Article argues that trial judges have the same authority as …


Student Division Symposium Sponsored By The Institute Of The Bill Of Rights Law: Policing Obscenity And Pornography In An Online World, Ann Beeson, Deirdre Mulligan, Bruce Taylor, Bruce Watson, Jonathan Zittrain Apr 2000

Student Division Symposium Sponsored By The Institute Of The Bill Of Rights Law: Policing Obscenity And Pornography In An Online World, Ann Beeson, Deirdre Mulligan, Bruce Taylor, Bruce Watson, Jonathan Zittrain

William & Mary Bill of Rights Journal

No abstract provided.


Keeping The Sex In Sex Education: The First Amendment's Religion Clauses And The Sex Education Debate, Gary J. Simson, Erika A. Sussman Apr 2000

Keeping The Sex In Sex Education: The First Amendment's Religion Clauses And The Sex Education Debate, Gary J. Simson, Erika A. Sussman

Cornell Law Faculty Publications

No abstract provided.


Recalibrating The Cost Of Harm Advocacy: Getting Beyond Brandenburg, S. Elizabeth Wilborn Malloy, Ronald J. Krotoszynski Jr. Apr 2000

Recalibrating The Cost Of Harm Advocacy: Getting Beyond Brandenburg, S. Elizabeth Wilborn Malloy, Ronald J. Krotoszynski Jr.

William & Mary Law Review

No abstract provided.


Two Degrees Of Speech Protection: Free Speech Through The Prism Of Agricultural Disparagement Laws, Harold M. Wasserman Feb 2000

Two Degrees Of Speech Protection: Free Speech Through The Prism Of Agricultural Disparagement Laws, Harold M. Wasserman

William & Mary Bill of Rights Journal

In the wake of a 1989 national television broadcast reporting the alleged cancer risk of a chemical applied to apples on trees, many states passed agricultural product disparagement (APD) statutes. These statutes grant civil causes of action to the growers and sellers of perishable food products, against anyone who speaks negatively or disparagingly, without basis in scientific evidence, about the product's safety. In this Article, Howard M Wasserman explores the interplay between the APD statutes and the First Amendment. First, Mr. Wasserman discusses the three categories of restrictions on the freedom of speech, focusing primarily on private civil tort actions …


The Constitutional Flaws In The New Illinois Religious Freedom Restoration Act: Why Rfras Don't Work, Mary Jean Dolan Jan 2000

The Constitutional Flaws In The New Illinois Religious Freedom Restoration Act: Why Rfras Don't Work, Mary Jean Dolan

Loyola University Chicago Law Journal

No abstract provided.


Supreme Court Section 1983 Developments: October 1998 Term, Martin A. Schwartz Jan 2000

Supreme Court Section 1983 Developments: October 1998 Term, Martin A. Schwartz

Touro Law Review

No abstract provided.


The Link Between Student Activity Fees And Campaign Finance Regulations, Leslie Gielow Jacobs Jan 2000

The Link Between Student Activity Fees And Campaign Finance Regulations, Leslie Gielow Jacobs

McGeorge School of Law Scholarly Articles

No abstract provided.


Religion In The Workplace: Proceedings Of The 2000 Annual Meeting Of The Association Of American Law Schools Section On Law And Religion, William P. Marshall, Roberto L. Corrada, Michael W. Mcconnell, Joanne C. Brant, Robert W. Tuttle, Ira C. Lupu Jan 2000

Religion In The Workplace: Proceedings Of The 2000 Annual Meeting Of The Association Of American Law Schools Section On Law And Religion, William P. Marshall, Roberto L. Corrada, Michael W. Mcconnell, Joanne C. Brant, Robert W. Tuttle, Ira C. Lupu

Sturm College of Law: Faculty Scholarship

The religion clauses of the Constitution do not have to stand against one another. Viewed broadly they both encourage tolerance of religious practice and belief, the Establishment Clause by not allowing one religion to occupy a place above all others and the Free Exercise Clause by allowing all religions to flourish. The Workplace Religious Freedom Act does no violence to either clause in attempting to restore religion to its place among other important concerns of government


The Calm Before The Storm: First Amendment Cases In The 1998-99 Term, Joel Gora Jan 2000

The Calm Before The Storm: First Amendment Cases In The 1998-99 Term, Joel Gora

Faculty Scholarship

No abstract provided.