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Articles 241 - 270 of 389
Full-Text Articles in First Amendment
Tool Of The Trademark: Brand Criticism And Free Speech Problems With The Trademark Dilution Revision Act Of 2006, Jesse A. Hofrichter
Tool Of The Trademark: Brand Criticism And Free Speech Problems With The Trademark Dilution Revision Act Of 2006, Jesse A. Hofrichter
Cardozo Law Review
No abstract provided.
First Amendment Freedom Of Speech And Expression: Ninth Circuit Holds That California Penal Code Section 148.6 Violates The First Amendment In Chaker V. Crogan, Harvey Gee
Cardozo Public Law, Policy & Ethics Journal
The Ninth Circuit Court ruled that California Penal Code section 148.6, which criminalized knowingly filing false allegations of misconduct against peace officers, violated the First Amendment. The court determined that the law impermissibly targeted criticism of police officers, constituting a content-based restriction on speech, and thus was unconstitutional.
First Amendment Protection For False Commercial Speech By A Publisher Regarding The Truthfulness Of Its Publication: A Response To Litigation Arising Over James Frey's A Million Little Pieces, Jason Kessler
Cardozo Arts & Entertainment Law Journal
No abstract provided.
All Quiet On The Middle Eastern Front? Proposed Legislation To Regulate Milblogs And Effectuate The First Amendment In The Combat Zone, Michelle Rosengarten
All Quiet On The Middle Eastern Front? Proposed Legislation To Regulate Milblogs And Effectuate The First Amendment In The Combat Zone, Michelle Rosengarten
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Regulating Professional Services Advertising: Current Constitutional Parameters And Issues Under The First Amendment Commercial Speech Doctrine, R. Michael Hoefges
Regulating Professional Services Advertising: Current Constitutional Parameters And Issues Under The First Amendment Commercial Speech Doctrine, R. Michael Hoefges
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The War On Speech In The War On Terror: An Examination Of The Espionage Act Applied To Modern First Amendment Doctrine, Emily Posner
The War On Speech In The War On Terror: An Examination Of The Espionage Act Applied To Modern First Amendment Doctrine, Emily Posner
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Keynote Address: Secret Evidence In The Age Of National Security, Adam Liptak
Keynote Address: Secret Evidence In The Age Of National Security, Adam Liptak
Cardozo Public Law, Policy & Ethics Journal
The article explores the tension between national security and the First Amendment, arguing that while the First Amendment remains a robust protection against government censorship, recent trends threaten press freedom, particularly in protecting confidential sources and accessing information. The author, drawing on personal experience as a media lawyer and reporter, emphasizes the importance of procedural safeguards and judicial oversight to prevent government overreach and ensure transparency.
Panel Report: Investigative Journalism And National Security, Zachary D. Streit
Panel Report: Investigative Journalism And National Security, Zachary D. Streit
Cardozo Public Law, Policy & Ethics Journal
The panel discussion explores the tension between government secrecy and media transparency, focusing on the challenges investigative journalists face in reporting on national security issues. The participants argue that while some secrecy is necessary for national security, excessive classification hampers transparency and accountability. They discuss legal battles, over-classification, and the need for a balance between protecting sensitive information and the public's right to know.
Media Influence And The Modern American Democracy: Why The First Amendment Compels Regulation Of Media Ownership, Sean Michael Mcguire
Media Influence And The Modern American Democracy: Why The First Amendment Compels Regulation Of Media Ownership, Sean Michael Mcguire
Cardozo Public Law, Policy & Ethics Journal
The article argues that the First Amendment necessitates government regulation of media ownership to safeguard democracy. It posits that while the First Amendment initially protected against government interference, evolving societal and technological changes require active regulation to ensure a diverse "marketplace of ideas." The author contends that without such regulation, media consolidation leads to a decline in viewpoint diversity, diminished content quality, and undue corporate influence, undermining democratic discourse.
The Religious Origins Of Disestablishment Principles, Marci A. Hamilton, Rachel Steamer
The Religious Origins Of Disestablishment Principles, Marci A. Hamilton, Rachel Steamer
Articles
No abstract provided.
Toward A New Public Access Doctrine, Raleigh Hannah Levine
Toward A New Public Access Doctrine, Raleigh Hannah Levine
Cardozo Law Review
No abstract provided.
History Turned "Sideways": Granholm V. Heald And The Twenty-First Amendment, Harris Danow
History Turned "Sideways": Granholm V. Heald And The Twenty-First Amendment, Harris Danow
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Buying White Beauty, Imani Perry
Buying White Beauty, Imani Perry
Cardozo Journal of Equal Rights & Social Justice
The article argues that the global phenomenon of skin-bleaching is a manifestation of structural inequality rooted in race, poverty, and globalization. It critiques how the marketing and use of skin-whitening products perpetuate racial hierarchies and reflects broader societal power dynamics, emphasizing the need for legal and regulatory responses to address the health and social implications of this practice.
Why Erzinger Could Be Revived: Are Mandatory Payments For University Insurance Plans Constitutional?, Adrian Martinez
Why Erzinger Could Be Revived: Are Mandatory Payments For University Insurance Plans Constitutional?, Adrian Martinez
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Challenging Standard Conceptions Of Tradition, Science And Technology In 2006: Why Laws Prohibiting The Sale Of Violent Video Games To Minors Should Be Ultimately Upheld, Ilana Lubin
Cardozo Journal of Equal Rights & Social Justice
The note argues that regulating the sale of violent video games to minors is constitutionally justifiable, supported by scientific evidence on adolescent brain development and legal precedents. It critiques the lack of a clear legal standard in court decisions and advocates for a nuanced approach that balances First Amendment rights with public safety concerns.
The Priestly Class: Reflections On A Journalist's Privilege, William E. Lee
The Priestly Class: Reflections On A Journalist's Privilege, William E. Lee
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Chaos In Public Schools: Federal Courts Yield To Students While Administrators And Teachers Struggle To Control The Increasingly Violent And Disorderly Scholastic Environment, Michael C. Jacobson
Chaos In Public Schools: Federal Courts Yield To Students While Administrators And Teachers Struggle To Control The Increasingly Violent And Disorderly Scholastic Environment, Michael C. Jacobson
Cardozo Public Law, Policy & Ethics Journal
The note argues that the current legal standard for restricting students' First Amendment rights in public schools, established by Tinker v. Des Moines, is inadequate as it requires schools to wait for disruptions before acting, potentially leading to violence. It advocates for a more proactive approach, allowing schools to suppress speech if there is a reasonable likelihood of disruption, based on factors like past incidents or specific threats. This proposed standard aims to balance safety with free speech while prioritizing a secure learning environment.
Begging Underground? The Constitutionality Of Regulations Banning Panhandling In The New York City Subway System, Jordana Schreiber
Begging Underground? The Constitutionality Of Regulations Banning Panhandling In The New York City Subway System, Jordana Schreiber
Cardozo Law Review
No abstract provided.
A Reply To Professor Johnson, Marci A. Hamilton
Church Autonomy Is Not A Better Path To "Truth", Marci A. Hamilton
Church Autonomy Is Not A Better Path To "Truth", Marci A. Hamilton
Articles
No abstract provided.
Terrorist Speech And The Future Of Free Expression, Laura K. Donohue
Terrorist Speech And The Future Of Free Expression, Laura K. Donohue
Cardozo Law Review
No abstract provided.
Transcript Of Weapons Of Mass Destruction, National Security, And A Free Press: Seminal Issues As Viewed Through The Lens Of The Progressive Case, David Rudenstine
Transcript Of Weapons Of Mass Destruction, National Security, And A Free Press: Seminal Issues As Viewed Through The Lens Of The Progressive Case, David Rudenstine
Cardozo Law Review
No abstract provided.
No Secret, No Defense: United States V. Progressive, Ian M. Dumain
No Secret, No Defense: United States V. Progressive, Ian M. Dumain
Cardozo Law Review
No abstract provided.
Water Versus Objects: Reproduction Or Dissemination - How Did Pop Music Become Ubiquitous?, Diedrich Diederichsen
Water Versus Objects: Reproduction Or Dissemination - How Did Pop Music Become Ubiquitous?, Diedrich Diederichsen
Cardozo Law Review
No abstract provided.
Not Playing Around: The Chilling Power Of The Federal Trademark Dilution Act Of 1995, Julie Zando-Dennis
Not Playing Around: The Chilling Power Of The Federal Trademark Dilution Act Of 1995, Julie Zando-Dennis
Cardozo Journal of Equal Rights & Social Justice
The Federal Trademark Dilution Act of 1995 (FTDA) has become a powerful tool for corporations to suppress criticism and parody, undermining free speech by allowing broad claims of trademark dilution without requiring proof of consumer confusion. The note argues that the FTDA’s provisions against dilution, including blurring and tarnishment, disproportionately favor corporate interests over First Amendment rights, particularly in cases involving parody and satire. Courts have inconsistently applied the law, with some circuits offering protections for parody while others prioritize trademark protection, creating uncertainty and chilling artistic and activist expression. The note advocates for reform to balance trademark rights with …
Title Blanding: How The Lanham Act Strips Artistic Expression From Song Titles, Lisa Tomiko Blackburn
Title Blanding: How The Lanham Act Strips Artistic Expression From Song Titles, Lisa Tomiko Blackburn
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Forfeiting Liberty: A Collective Sense Of Vulnerability And The Need For Proactive Protection After 9/11, Ally Hack
Cardozo Public Law, Policy & Ethics Journal
The note argues that the post-9/11 era has seen a significant erosion of civil liberties, particularly for Arab-Americans and Muslims, drawing parallels to historical episodes of national fear and paranoia, such as Japanese internment during World War II and McCarthyism. It contends that the U.S. response to the attacks, including the expansion of surveillance and detention powers under the USA PATRIOT Act, threatens First Amendment rights and democratic values. The analysis emphasizes the importance of protecting civil liberties and maintaining open debate, even during times of crisis, to ensure a stable and just society.
"In The Light Of Reason And Experience": The Scope Of Evidentiary Privilege In The Self-Help Setting: Alcoholics Anonymous Examined, Bree Schonbrun
"In The Light Of Reason And Experience": The Scope Of Evidentiary Privilege In The Self-Help Setting: Alcoholics Anonymous Examined, Bree Schonbrun
Cardozo Law Review
No abstract provided.
In Opposition To The Proposed Media Marketing Accountability Act Of 2001, Angela M. Papalaskaris
In Opposition To The Proposed Media Marketing Accountability Act Of 2001, Angela M. Papalaskaris
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The Free Speech Coalition & Adult Entertainment: An Inside View Of The Adult Entertainment Industry, Its Leading Advocate & The First Amendment, Clay Calvert, Robert Richards
The Free Speech Coalition & Adult Entertainment: An Inside View Of The Adult Entertainment Industry, Its Leading Advocate & The First Amendment, Clay Calvert, Robert Richards
Cardozo Arts & Entertainment Law Journal
No abstract provided.