Entertainment, Arts, and Sports Law Commons^™

Rewiring The First Amendment: Meaning, Content And Public Broadcasting, Donald W. Hawthorne, Monroe E. Price

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The First Amendment And Fcc Rule Making Under The 1992 Cable Act, Michael I. Meyerson

All Faculty Scholarship

This Article explores the First Amendment implications of the Federal Communication Commission's (FCC) regulations issued under the Cable Television Consumer Protection and Competition Act of 19921 (1992 Cable Act). The 1992 Cable Act imposes numerous requirements that are beyond the scope of this Article. This Article analyzes only the FCC's exercise of rule making discretion under the 1992 Cable Act.

Additionally, it must be remembered that an under-staffed FCC was given an enormous amount of work to do within fixed time limits. Therefore, it must be expected that the rulemaking would be vulnerable to second-guessing. Nonetheless, whenever a governmental entity …

Girls Lean Back Everywhere: The Law Of Obscenity And The Assault On Genius, Anne E. Gilson

Michigan Law Review

A Review of Girls Lean Back Everywhere: The Law of Obscenity and the Assault on Genius by Edward de Grazia

Girls Lean Back Everywhere: The Law Of Obscenity And The Assault On Genius, Chapter 30, Edward De Grazia

Cardozo Arts & Entertainment Law Journal

No abstract provided.

No Harm, No Foul: Pornography (Violent And Otherwise), Victoria Mikesell Mather

University of Arkansas at Little Rock Law Review

No abstract provided.

No Harm, No Foul: Pornography (Violent And Otherwise), Victoria Mikesell Mather

University of Arkansas at Little Rock Law Review

No abstract provided.

Tort Liability For Physical Injuries Allegedly Resulting From Media Speech: A Comprehensive First Amendment Approach , Andrew B. Sims

Faculty Scholarship

No abstract provided.

The Author In Copyright: Notes For The Literary Critic, Monroe E. Price, Malla Pollack

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Artists, Grants And Rights: The Nea Controversy Revisited, Robert M. O'Neil

NYLS Journal of Human Rights

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.

The Post-Riley Era: An Analysis Of First Amendment Protection Of Charitable Fundraising, Stephen H. Block

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Myths And Misunderstandings, Michael I. Meyerson

All Faculty Scholarship

This article explores the utility of the Holmsean marketplace of ideas when considering the regulation of different forms of communication technology.

Impending Legal Issues For Integrated Broadband Networks, Michael I. Meyerson

All Faculty Scholarship

Given human nature, computer networks are prone to many of the same legal problems that have affected earlier forms of communication. The insatiable human appetite for mischief, information, pornography, and anti-competitive activity guarantees that the many legal conflicts that afflict computers, telephones, cable television, and broadcasting will be visited upon IBNs. This article focuses on several of these legal problems. By examining the history of controversies involving the electronic media and breaches of security, protection of privacy, regulation of sexual material and refusals to deal, this article attempts to outline some ways to think about applying the lessons from the …

Telephone Companies Have First Amendment Rights Too: The Constitutional Case For Entry Into Cable, Laurence H. Winer

Cardozo Arts & Entertainment Law Journal

No abstract provided.

An Antitrust Paradox For The 1990s: Revisiting The Role Of The First Amendment In Cable Television, Glenn B. Manishin

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Congress, Free Speech, And Cable Legislation: An Introduction, Monroe E. Price

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Is This The End Of American Indian Site Specific Free Exercise Claims?: Lyng V. Northwest Indian Cemetery Protection Association, Joseph Tomkiewicz

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Amending The Oversight: Legislative Drafting And The Cable Act, Michael I. Meyerson

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Cable Television: Proposals For Reregulation And The First Amendment, Stuart Robinowitz

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Child Porn Myth, Lawrence A. Stanley

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Full Court Press: Sacrificing Vital Privacy Interests On The Altar Of First Amendment Rhetoric, Irwin R. Kramer

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Cable Traffic And The First Amendment Must-Carry Under A Diversity Approach And Antitrust As Possible Alternative, Bruno Vandermeulen

LLM Theses and Essays

Recent technological progress in the field of telecommunications has greatly changed the competitive structure between broadcasters, cable operators, and telephone companies. The legal and economic environment for these media participants has shifted, and new problems have arisen. One major problem is the enhanced threat of concentration of media corporations, as corporate bigness becomes desirable and the number of diversified owners of media outlets continues to decrease. This paper analyzes broadcasting regulations and subsequent case law to show the concern by the legislature and regulatory agencies to preserve diversity in opinion and media-ownership through emphasis on “localism” and a “marketplace of …

Propaganda, Xenophobia, And The First Amendment, Rodney A. Smolla, Stephen A. Smith

Scholarly Articles

Not available.

Pornography And Obscenity Sold In "Adult Bookstores": A Survey Of 5132 Books, Magazines, And Films In Four American Cities, Park Elliott Dietz, Alan E. Sears

University of Michigan Journal of Law Reform

During the eighteen months that the Attorney General's Commission on Pornography (the Commission) conducted public hearings, public discussion, and staff research, one of the most common types of inquiry directed to the staff consisted of questions as to the content of pornography currently available in the United States. Critics of the Commission's work asserted that the pornography used as exhibits by witnesses at the public hearings was extreme, not commonly available, or unrepresentative of that sold in pornography retail outlets; The only pertinent, quantitative data available to the Commission appeared in a single report in the American Journal of Psychiatry …

The Politics Of The First Amendment, Steve Bachmann

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Pope V. Illinois: The Reasonable Person As The Supreme Court's Latest Arbiter Of Obscenity, Penny E. Paul

Cardozo Arts & Entertainment Law Journal

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.

Freedom Of Speech And Racism, David Kretzmer

Cardozo Law Review

No abstract provided.

Cable Television's New Legal Universe: Early Judicial Response To The Cable Act, Michael I. Meyerson

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Old Franchises Never Die? Denying Renewal Under The First Amendment And The Cable Act, Joseph Van Eaton

Cardozo Arts & Entertainment Law Journal

No abstract provided.