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Articles 1831 - 1860 of 3434
Full-Text Articles in First Amendment
Negligent Infliction Of Emotional Distress: New Tort Problem For The Mass Media, Robert E. Drechsel
Negligent Infliction Of Emotional Distress: New Tort Problem For The Mass Media, Robert E. Drechsel
Pepperdine Law Review
Negligent infliction of emotional distress is becoming an increasingly popular cause of action to be utilized against media defendants. This article begins by tracing the development of the tort and explaining its central elements through cases involving mass media defendants. It studies the relationship between negligent infliction and the torts of libel, invasion of privacy, and intentional infliction of emotional distress. After considering the appropriate balance between expression and emotional tranquility, it is concluded that negligent infliction actions present an ominous threat to the free flow of expression. Sound policy considerations, flowing in part from the first amendment, dictate that …
The Supreme Court Strikes Down The Public Broadcasting Editorial Ban: Federal Communications Commission V. League Of Women Voters, Michael R. Gradisher
The Supreme Court Strikes Down The Public Broadcasting Editorial Ban: Federal Communications Commission V. League Of Women Voters, Michael R. Gradisher
Pepperdine Law Review
In Federal Communications Commission v. League of Women Voters, the United States Supreme Court struck down a statute on first amendment grounds which prohibited public broadcasters from editorializing. Those who favor the deregulation of broadcasting and the institution of a free market system hail the decision as a rare step in the right direction, after years of unquestioned congressional right to freely regulate broadcasting. They point to the Court's apparent willingness to reconsider its historical view of broadcasting, which has always received less first amendment protection than the print medium. However, the Court confirms its longstanding view that broadcasting may …
Judicial Review Of The Zoning Of Adult Entertainment: A Search For The Purposeful Suppression Of Protected Speech, Alfred C. Yen
Judicial Review Of The Zoning Of Adult Entertainment: A Search For The Purposeful Suppression Of Protected Speech, Alfred C. Yen
Pepperdine Law Review
The conflict surrounding the zoning of adult entertainment is not novel. The antagonism stems from a community's right to provide for its social welfare and the adult entertainment provider's right to freedom of speech and expression. This article examines the evolution of the federal courts' analysis in this area. The author concludes by stating that the current method of review is not the most efficient. In its place, he proposes a new method that makes analysis simpler for both laypersons and the courts.
Justice O'Connor And The First Amendment 1981-84, Edward V. Heck, Paula C. Arledge
Justice O'Connor And The First Amendment 1981-84, Edward V. Heck, Paula C. Arledge
Pepperdine Law Review
No abstract provided.
Analysis Of A First Amendment Challenge To Rent-A-Judge Proceedings , Perry L. Glantz
Analysis Of A First Amendment Challenge To Rent-A-Judge Proceedings , Perry L. Glantz
Pepperdine Law Review
No abstract provided.
Copyright And The First Amendment: Freedom Or Monopoly Of Expression?, Henry S. Hoberman
Copyright And The First Amendment: Freedom Or Monopoly Of Expression?, Henry S. Hoberman
Pepperdine Law Review
No abstract provided.
First Amendment Implications Of Rock Lyric Censorship, Michael A. Coletti
First Amendment Implications Of Rock Lyric Censorship, Michael A. Coletti
Pepperdine Law Review
No abstract provided.
Dun & Bradstreet, Inc. V. Greenmoss Builders, Inc.: Does The Actual Malice Standard Of Gertz V. Robert Welch, Inc. Apply To Speech On Matters Of Purely Private Concern?, Jeff Boykin
Pepperdine Law Review
No abstract provided.
Juror Journalism: Are Profit Motives Replacing Civic Duty?, Brent K. Ashby
Juror Journalism: Are Profit Motives Replacing Civic Duty?, Brent K. Ashby
Pepperdine Law Review
No abstract provided.
Municipal And State Sanctuary Declarations: Innocuous Symbolism Or Improper Dictates?, Jorge L. Carro
Municipal And State Sanctuary Declarations: Innocuous Symbolism Or Improper Dictates?, Jorge L. Carro
Pepperdine Law Review
No abstract provided.
Journalists, Trespass, And Officials: Closing The Door On Florida Publishing Co. V. Fletcher , Kent R. Middleton
Journalists, Trespass, And Officials: Closing The Door On Florida Publishing Co. V. Fletcher , Kent R. Middleton
Pepperdine Law Review
No abstract provided.
Avoiding Religious Apartheid: Affording Equal Treatment For Student-Initiated Religious Expression In Public Schools , John W. Whitehead
Avoiding Religious Apartheid: Affording Equal Treatment For Student-Initiated Religious Expression In Public Schools , John W. Whitehead
Pepperdine Law Review
No abstract provided.
Thornburgh V. Abbott: Slamming The Prison Gates On Constitutional Rights, Megan M. Mcdonald
Thornburgh V. Abbott: Slamming The Prison Gates On Constitutional Rights, Megan M. Mcdonald
Pepperdine Law Review
No abstract provided.
A Descendible Right Of Publicity: Has The Time Finally Come For A National Standard?, J. Steven Bingman
A Descendible Right Of Publicity: Has The Time Finally Come For A National Standard?, J. Steven Bingman
Pepperdine Law Review
No abstract provided.
Texas V. Johnson: The Constitutional Protection Of Flag Desecration, Patricia Lofton
Texas V. Johnson: The Constitutional Protection Of Flag Desecration, Patricia Lofton
Pepperdine Law Review
No abstract provided.
Symposium Introduction: The Competing Claims Of Law And Religion: Who Should Influence Whom? , Robert F. Cochran Jr., Michael A. Helfand
Symposium Introduction: The Competing Claims Of Law And Religion: Who Should Influence Whom? , Robert F. Cochran Jr., Michael A. Helfand
Pepperdine Law Review
No abstract provided.
Justice Kennedy’S Free Speech Jurisprudence: A Quantitative And Qualitative Analysis, Ashutosh Bhagwat, Matthew Struhar
Justice Kennedy’S Free Speech Jurisprudence: A Quantitative And Qualitative Analysis, Ashutosh Bhagwat, Matthew Struhar
McGeorge Law Review
No abstract provided.
Justice Kennedy’S Jurisprudence On The First Amendment Religion Clauses, R. Randall Kelso
Justice Kennedy’S Jurisprudence On The First Amendment Religion Clauses, R. Randall Kelso
McGeorge Law Review
No abstract provided.
What's Religion Got To Do With It? Virtually Nothing: Hosanna-Tabor And The Unbridled Power Of The Ministerial Exemption, Marsha B. Freeman
What's Religion Got To Do With It? Virtually Nothing: Hosanna-Tabor And The Unbridled Power Of The Ministerial Exemption, Marsha B. Freeman
Faculty Scholarship
No abstract provided.
A Requiem For Protest: Anglo-American Perspectives On Protest Post-9/11, 46 J. Marshall L. Rev. 455 (2013), Christopher Newman
A Requiem For Protest: Anglo-American Perspectives On Protest Post-9/11, 46 J. Marshall L. Rev. 455 (2013), Christopher Newman
UIC Law Review
No abstract provided.
Symmetry For Symmetry’S Sake: Why Bose Does Not Require Independent Review Of A Trial Court’S First-Amendment-Favorable Findings Of Fact, Joshua Wurtzel
Symmetry For Symmetry’S Sake: Why Bose Does Not Require Independent Review Of A Trial Court’S First-Amendment-Favorable Findings Of Fact, Joshua Wurtzel
Cardozo Law Review de•novo
This Note argues that Bose does not support the symmetrical application of independent review of facts by appellate courts in First Amendment cases, regardless of whether the First Amendment claimant won or lost below. While symmetrical procedures and results may be desirable in most parts of the law, symmetry is not required where that symmetry will inhibit a greater constitutional interest. In the independent review context, symmetrical application of Bose results in the reversal of First Amendment wins that would otherwise be upheld under clear error review. This result is clearly antithetical to Bose’s purpose of enhancing First Amendment protections.
Docs Versus Glocks: N.R.A. Takes Aim At Florida Physicians’ Freedom Of Speech: Leaving Patients’ Health, Safety, And Welfare At Risk, Michelle Foody
Docs Versus Glocks: N.R.A. Takes Aim At Florida Physicians’ Freedom Of Speech: Leaving Patients’ Health, Safety, And Welfare At Risk, Michelle Foody
Cardozo Law Review de•novo
Part I of this Note provides background on the Act at issue, its legislative history, the current status of the Supreme Court’s free speech jurisprudence, and it also introduces the constitutional interests at stake. Part II considers the constitutionality of the Act under the existing First Amendment standard and addresses the State’s assertions under the Second Amendment. Part III proposes that the Court’s standard ought to be recalibrated, taking into account the would-be listeners’ cognizable interest in the information. Part III goes on to legitimate the proposal by reconciling this new examination standard with existing free speech jurisprudence and justifications, …
What Is The Meaning Of Like: The First Amendment Implications Of Social-Media Expression, Ira Robbins
What Is The Meaning Of Like: The First Amendment Implications Of Social-Media Expression, Ira Robbins
Scholarly Articles in Law Reviews & Journals
Everywhere the Internet goes, new legal problems are sure to follow. As social media expands and infiltrates our daily lives, society must grapple with how to extend the law to modern situations. This problem becomes increasingly pressing as more and more of our social interactions take place online. For example, Facebook has become a colossal gathering place for friends, families, co-workers, frenemies, and others to disseminate their ideas and share information. Sometimes Facebook replaces old institutions; other times it augments them. Where once a neighbor would show allegiance to a political candidate by staking a sign on the front lawn, …
University Imprimaturs On Student Speech: The Certification Cases, Emily Gold Waldman
University Imprimaturs On Student Speech: The Certification Cases, Emily Gold Waldman
Elisabeth Haub School of Law Faculty Publications
The Article begins in Part I by describing these three student speech cases and then examining what makes them a distinct category within the larger student speech landscape. As I discuss, the student speech framework was largely developed by the Supreme Court in the K-12 public school context. Conflicts over student speech in universities, in turn, have generally centered on the extent to which the K-12 framework should carry over to the higher education context, given the greater independence and maturity of university students. Recent cases about universities' ability to control student publications, for example, fall into this mold, with …
Algorithms And Speech, Stuart M. Benjamin
Algorithms And Speech, Stuart M. Benjamin
Faculty Scholarship
One of the central questions in free speech jurisprudence is what activities the First Amendment encompasses. This Article considers that question in the context of an area of increasing importance – algorithm-based decisions. I begin by looking to broadly accepted legal sources, which for the First Amendment means primarily Supreme Court jurisprudence. That jurisprudence provides for very broad First Amendment coverage, and the Court has reinforced that breadth in recent cases. Under the Court’s jurisprudence the First Amendment (and the heightened scrutiny it entails) would apply to many algorithm-based decisions, specifically those entailing substantive communications. We could of course adopt …
Striking A Balance Between Privacy And Online Commerce, Mark Bartholomew
Striking A Balance Between Privacy And Online Commerce, Mark Bartholomew
Utah OnLaw: The Utah Law Review Online Supplement
It is becoming commonplace to note that privacy and online commerce are on a collision course. Corporate entities archive and monetize more and more personal information. Citizens increasingly resent the intrusive nature of such data collection and use. Just noticing this conflict, however, tells us little. In Informing and Reforming the Marketplace of Ideas: The Public-Private Model for Data Production and the First Amendment, Professor Shubha Ghosh not only notes the tension between the costs and benefits of data commercialization, but suggests three normative perspectives for balancing privacy and commercial speech. This is valuable because without a rich theoretical framework …
Lawyers, Clients, And Constitutional Rights, Jason Mazzone
Lawyers, Clients, And Constitutional Rights, Jason Mazzone
Utah OnLaw: The Utah Law Review Online Supplement
Professor Tarkington’s achievement is to show that associational freedom should encompass lawyering. With that, her article should have considerable impact on academic and judicial accounts of associational rights. In practice, however, the impact is likely to come in terms of protections for the ability of organizations to engage counsel—the right to client-attorney association—rather than, as in her focus, on a right that belongs to and is exercised by attorneys.
Walking The Executive Speech Tightrope: From Starbucks To Chick-Fil-A, Loren F. Selznick
Walking The Executive Speech Tightrope: From Starbucks To Chick-Fil-A, Loren F. Selznick
Oklahoma Law Review
No abstract provided.
No Jokes About Dope: Morse V. Frederick's Educational Rationale, Emily Gold Waldman
No Jokes About Dope: Morse V. Frederick's Educational Rationale, Emily Gold Waldman
Elisabeth Haub School of Law Faculty Publications
This piece begins with a “protective” reading of Morse v. Frederick, showing how this rationale provides a good starting point in understanding Morse but is ultimately incomplete. Indeed, Justice Stevens’ dissent is largely an argument that the protective rationale falls short here. I then re-examine Morse from the perspective of the educational rationale and conclude that the underlying, largely unstated premise of the Morse majority is that schools—as part of teaching students about the gravity of drug use—should be able to convey disapproval of messages suggesting that drug use is a joking or trivial matter. This helps to explain why …
Using Feathery Birds To Disguise Hateful Speech: Avatar, Hillary: The Movie, Citizens United, And How Birds Of The Same Feather Flock Together, Angela Mae Kupenda
Using Feathery Birds To Disguise Hateful Speech: Avatar, Hillary: The Movie, Citizens United, And How Birds Of The Same Feather Flock Together, Angela Mae Kupenda
Journal Articles
Some types of hateful speech may be called commercialism or entertainment. Yet, this speech disguises hate. This speech seems to be harmless entertainment, as harmless as doves or feathery birds. However, in reality this speech drowns out the truth in the marketplace, as individuals appear to become more gullible in watching film and other commercial speech. This essay explores this quandary by asking, and attempting to answer, four questions. First, is there any possible negative influence from commercial media, especially film, in the marketplace of ideas about nonwhites (i.e., has the truth about race and about nonwhites already won out …