First Amendment Commons^™

Introduction: The Paradox Of Informed Participation: What Universities Can Do For Freedom Of Information, Peter Molnar

Cardozo Public Law, Policy & Ethics Journal

The article argues that freedom of information (FOI) is a cornerstone of democratic societies, yet significant challenges persist in accessing information despite expanding legal frameworks. It emphasizes the importance of recognizing FOI as a fundamental human right and highlights the role of universities in promoting transparency and awareness through education and practical initiatives. The article also explores the "paradox of informed participation," where public engagement requires information that the public often lacks, and advocates for proactive measures to address this issue.

Regulating Hate And Racial Speech In Israel, Raphael Cohen-Almagor

Cardozo Journal of International and Comparative Law

The article explores the tension between regulating hate speech and protecting free expression in Israel, advocating for a balanced approach that allows legal intervention only when there is a clear and imminent threat of harm. It proposes a cautious use of legal measures, emphasizing education and counter-speech as preferred responses, while ensuring consistent regulation across all media platforms, including the internet.

What Can Be Done Against Cyber Hate? Freedom Of Speech Versus Hate Speech In The Council Of Europe, Isabelle Rorive

Cardozo Journal of International and Comparative Law

The article examines the tension between freedom of speech and the regulation of hate speech on the internet, focusing on the challenges posed by conflicting international laws and jurisdictional issues. It highlights the Council of Europe's efforts to address cyber hate through legal frameworks like the Cybercrime Convention and the Additional Protocol, while discussing the limitations of these measures. The co-regulatory model, combining government oversight with private sector accountability, is presented as a potential solution, though concerns about censorship and free speech remain.

Protecting Freedom Of Expression: The Challenge Of Hate Speech In The European Court Of Human Rights Case Law, Mario Oetheimer

Cardozo Journal of International and Comparative Law

The article examines the European Court of Human Rights' (ECHR) approach to balancing freedom of expression under Article 10 of the European Convention on Human Rights (ECHR) with the need to combat hate speech. The Court systematically excludes certain forms of hate speech from protection, particularly racist and Holocaust denial speech, under Article 17, while affording strong protection to expression that contributes to public debate. The analysis highlights the Court's case-by-case approach, reliance on context, and the distinction between hate speech and incitement to violence.

Buying Back Elections: Extending Supreme Court Speech Limitations To Eliminate Leadership Pacs, Justin Luehman

Cardozo Public Law, Policy & Ethics Journal

The article critiques the current campaign finance system, arguing that the Supreme Court's interpretation of money as speech under the First Amendment has enabled undue influence by wealthy donors and political action committees (PACs), particularly leadership PACs. The author advocates for treating money as property rather than speech to allow stricter regulations and prevent corruption. By extending the "one person, one vote" principle to campaign finance, the article proposes a system where political influence is not dictated by wealth, ensuring equal representation and transparency.

Not Confused? Don't Be Troubled: Meeting The First Amendment Attack On Protection Of "Generic" Foreign Geographical Indications, Scott Danner

Cardozo Law Review

No abstract provided.

Screening Out Cyberbullies: Remedies For Victims On The Internet Playground, Shira Auerbach

Cardozo Law Review

No abstract provided.

A Proposed Restriction On The First Amendment: Protecting Children From Internet Pedophiles, Jennifer L. Pass

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Hot Pursuit: The Media's Liability For Intentional Infliction Of Emotional Distress Through Newsgathering, Heather Berger

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Anti-Slapp Law Make Benefit For Glorious Entertainment Industry Of America: Borat, Reality Bites, And The Construction Of An Anti-Slapp Fence Around The First Amendment, Jonathan Segal

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Rules Against Scandal And What They Mean For The First Amendment’S Religion Clauses, Marci A. Hamilton

Articles

No abstract provided.

An Imperfect Vocabulary Of Religious Liberty, Marci A. Hamilton

Articles

No abstract provided.

The Freedom Of 3d Thought: The First Amendment In Virtual Reality, Marc Jonathan Blitz

Cardozo Law Review

No abstract provided.

Regulation Of Blog Campaign Advocacy On The Internet: Comparing U.S., German, And Eu Approaches, Allison R. Hayward

Cardozo Journal of International and Comparative Law

This essay examines how U.S., German, and EU laws have treated the regulation of political commentary on the Internet. As political blogging grows in popularity, the reach of these web sites, and their influence in political campaigns, may make them a target for regulation by rivals and incumbents, both at home and abroad. Since ordinarily any URL can be reached from anywhere with Internet access, conflicting domestic rules about what can be said (and who can say it) present potential for conflicting rules on blogging.

In brief, U.S. law protects blogging content, but may impose restrictions on the source of …

Against Freedom Of Commercial Expression, Tamara R. Piety

Cardozo Law Review

No abstract provided.

What's Left Of The Twenty-First Amendment?, Jonathan M. Rotter, Joshua S. Stambaugh

Cardozo Public Law, Policy & Ethics Journal

The article examines the evolving jurisprudence of the Twenty-first Amendment and its intersection with the Dormant Commerce Clause, arguing that the Supreme Court has increasingly adopted a balanced approach. This approach prioritizes preventing economic discrimination while respecting state regulatory authority over liquor. The analysis highlights a shift away from a broad interpretation of the Twenty-first Amendment, emphasizing that states must justify discriminatory liquor regulations under a strict scrutiny standard. The Court’s rulings, particularly in Granholm v. Heald, have opened markets to out-of-state producers, promoting a more uniform national liquor market.

State Government Speech In A Federal System, Laura J. Hendrickson

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

The First Amendment, Journalists, And Sources: A Curious Study In "Reverse Federalism", Rodney A. Smolla

Cardozo Law Review

No abstract provided.

Are Journalists Privileged?: Panel Discussion, Anthony Lewis, Max Frankel, Victor Kovner

Cardozo Law Review

No abstract provided.

The Source Of The Problem Of Sources: The First Amendment Fails The Fourth Estate, Joel M. Gora

Cardozo Law Review

No abstract provided.

Redefining The Question: Applying A Hierarchical Structure To The Mens Rea Requirement For Section 875(C), Karen Rosenfield

Cardozo Law Review

No abstract provided.

A Constitutional "Right" To Deny And Promote Genocide? Preempting The Usurpation Of Human Rights Discourse Towards Incitement From A Canadian Perspective, Karen Eltis

Cardozo Journal of Conflict Resolution

I would like to thank the organizers of the conference, particularly Sheri Rosenberg, for their gracious invitation to speak to what is undoubtedly one of the most pressing themes commanding our attention - genocide and its denial. This is a time when historical truth struggles to endure in the face of insidious attacks at times couched in human rights rhetoric.

Taking Denial Seriously: Genocide Denial And Freedom Of Speech In French Law, Sévane Garibian

Cardozo Journal of Conflict Resolution

The French National Assembly's adoption of a bill penalizing the denial of the Armenian genocide (October 12, 2006), later followed by the German plan to outlaw genocide denial throughout European Union, stoked the vigorous French debate on the connection between genocide denial and law and, more generally, between history and law. The main criticism expressed by the detractors of laws against negationism - in particular historians - is the following: penalization of denial constitutes a violation of freedom of expression and, as such, represents a threat to democracy.

All The News That's Fit To Split: Newspaper Mergers, Antitrust Laws And The First Amendment, Richard Brand

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Evaluation Of The Dilution-Parody Paradox In The Wake Of The Trademark Dilution Revision Act Of 2006, Justin J. Gunnell

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Amending The Massachusetts Parental Notification Statute, Yuval Simchi-Levi

Cardozo Journal of Equal Rights & Social Justice

The note argues that the Massachusetts Parental Notification Statute, enacted in 1996, should be amended to explicitly permit public schools to teach about sexual orientation in the context of promoting tolerance without requiring parental notification. The statute's ambiguity regarding whether such discussions fall under "human sexual education or human sexuality issues" has led to hesitation among schools and legal challenges. The author contends that clarifying the statute would align it with Massachusetts' commitment to diversity and tolerance, as reflected in court rulings like Goodridge v. Department of Public Health.

First Amendment Decisions From The October 2006 Term, Erwin Chemerinsky, Marci A. Hamilton

Articles

No abstract provided.

"Prologue To A Farce?" A Historical Perspective On The Aipac Case And The Applicability Of The Espionage Act To Journalists, Peter Shapiro

Cardozo Public Law, Policy & Ethics Journal

The note argues that the expansion of the Espionage Act of 1917 to prosecute private citizens, as seen in the AIPAC case, poses a significant threat to press freedom and democratic governance. This shift marks a dangerous precedent, as it potentially criminalizes activities protected by the First Amendment, such as journalism, and undermines the balance between national security and the public's right to know.

A Helping Hand: Addressing New Implications Of The Espionage Act On Freedom Of The Press, Laura Barandes

Cardozo Law Review

No abstract provided.

A Response To Professor Laycock, Marci A. Hamilton

Articles

No abstract provided.