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Articles 241 - 249 of 249
Full-Text Articles in First Amendment
What Is War? Reflections On Free Speech In 'Wartime, David Skover, Ronald Collins
What Is War? Reflections On Free Speech In 'Wartime, David Skover, Ronald Collins
Faculty Articles
Written as the lead article for a Symposium issue commemorating the Free Speech in Wartime Conference held in January of 2005 at Rutgers Law School - Camden, this piece analyzes the following questions: What qualifies as war in the 21st Century? Who determines when the country is at war? And what effect, if any, should the existence of a war have on judicial review of First Amendment challenges?
A Curious Concurrence: Justice Brandeis' Vote In Whitney V. California, David Skover, Ronald Collins
A Curious Concurrence: Justice Brandeis' Vote In Whitney V. California, David Skover, Ronald Collins
Faculty Articles
A piece of jurisprudential sleuthing, this article uncovers the back story for a puzzle unanswered by legal historians for some eighty years: Why would the free-speech libertarian Louis Brandeis write the most famous paean to First Amendment normative values in his opinion in Whitney v. United States, and yet join (by way of a concurring opinion) the judgment of the majority of the Court that would have sent the "patrician radical" Anita Whitney to prison for a 14-year term solely for participating in the formation of the California Communist Labor Party? Part of the puzzle is provided by the unpublished …
The Landmark Free-Speech Case That Wasn't: The Nike V. Kasky Story, David Skover, Ronald Collins
The Landmark Free-Speech Case That Wasn't: The Nike V. Kasky Story, David Skover, Ronald Collins
Faculty Articles
Written as the Foreword to a Symposium entitled Nike v. Kasky and the Modern Commercial Speech Doctrine, this piece tells the background stories that brought the Nike v. Kasky players to the steps of the U.S. Supreme Court and beyond. Subsequently, it explores the principles and perspectives at tension in the Nike controversy, and charts the lessons of the Nike story - legal, political, and cultural.
The Marketplace Of Ideas In Cyberspace, Margaret Chon
The Marketplace Of Ideas In Cyberspace, Margaret Chon
Faculty Articles
In the Panel Discussion on The Marketplace Of Ideas In Cyberspace at the 1999-2000 Oliver Wendell Holmes Symposium And Lectureship At Mercer University, Professor Margaret Chon discusses censorship and hate speech on the internet. Professor Chon questions the exporting of our First Amendment jurisprudence in this particular area, since we are the only democratic country to speak of, that protects what we've been referring to as hate speech.
Afterword: New "Truths" And The Old First Amendment, David Skover, Ronald Collins
Afterword: New "Truths" And The Old First Amendment, David Skover, Ronald Collins
Faculty Articles
Written as an afterword to a Symposium on The Death of Discourse, this piece replies to commentaries on the relationship between "Noble Lies" and the First Amendment authored by Professors Shadia Drury (political science), Robert Hariman (rhetoric & communication studies), David Nyberg (philosophy), Loyal Rue (religion & philosophy), and Richard Stivers (sociology).
The Pornographic State, David Skover, Ronald Collins
The Pornographic State, David Skover, Ronald Collins
Faculty Articles
Written as a contribution to the Harvard Symposium on Changing Images of the State, this article explores the realm of Pornotopia, a republic of images, the state that liberal America aspires to be. Imagine a nation in which there is little or no discord about pornography because there is little or no meaningful discourse about it. Imagine a nation in which people gladly trade the reality of human beings for images of that reality, a "virtual reality." Imagine a nation in which there is erotic selfexpression but little or no communal expression. Imagine a nation in which sexual war and …
The Psychology Of First Amendment Scholarship: A Reply, David Skover, Ronald Collins
The Psychology Of First Amendment Scholarship: A Reply, David Skover, Ronald Collins
Faculty Articles
This essay was written as an afterword to the Colloquy entitled The First Amendment in a Commercial Culture, as a reply to commentaries on "Commerce & Communication" authored by Leo Bogart (advertising expert), Sut Jhally (professor of communications), Alex Kozinski (federal appellate judge) & Stuart Banner (attorney), and Rodney Smolla (law professor). The authors, Professors Skover and Collins, had hoped that Commerce & Communication would prompt new debate and discussion about certain First Amendment issues. However, judging from thier colleagues' reactions, there may well be more of the former than the latter. But in the scheme of things, who's to …
The First Amendment In An Age Of Paratroopers, David Skover, Ronald Collins
The First Amendment In An Age Of Paratroopers, David Skover, Ronald Collins
Faculty Articles
As the lead piece in a Colloquy entitled The First Amendment and the Paratroopers' Paradox, this article argues that today's free speech theory is largely grounded in 18th Century fears of government's tyrannical censorship. This theory is ill-equipped to deal with a distinct tyranny in 21st Century America, a tyranny playing upon the public's insatiable appetite for amusement. Those who venture to develop free speech principles to suit a new cultural environment are the First Amendment paratroopers of our time, the ones who realize that we cannot retain our old constitutional prerogatives in a transformed world. The Paratroopers' Paradox: To …
The National Labor Relations Act And The Forgotten First Amendment, James E. Bond
The National Labor Relations Act And The Forgotten First Amendment, James E. Bond
Faculty Articles
In this article Professor Bond discusses several points. First, the freedom of association principle, whatever its constitutional paternity, is now treated by the Court as one among first amendment equals. It is thus a fundamental right which the government may limit only for the most compelling reasons and then only in that way which least intrudes upon its exercise. Second, the relationship of an employee both to his employer and to his fellow employees involves associational rights of the kind guaranteed and protected by the first amendment. Third, the exclusive representation rule' of the National Labor Relations Act seriously interferes …