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First Amendment Commons™

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Yeshiva University, Cardozo School of Law

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Articles 271 - 300 of 389

Full-Text Articles in First Amendment

"When A Nation Is At War": A Context-Dependent Theory Of Free Speech For The Regulation Of Weapon Recipes, Liezl Irene Pangilinan Jan 2004

"When A Nation Is At War": A Context-Dependent Theory Of Free Speech For The Regulation Of Weapon Recipes, Liezl Irene Pangilinan

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Musical Copyright Law: Past, Present And Future Of Online Music Distribution, Robert J. Delchin Jan 2004

Musical Copyright Law: Past, Present And Future Of Online Music Distribution, Robert J. Delchin

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Shock And Awe: Does The First Amendment Protect A Media Right Of Access To Military Operations?, Karen C. Sinai Jan 2004

Shock And Awe: Does The First Amendment Protect A Media Right Of Access To Military Operations?, Karen C. Sinai

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Academics And Bioterrorists: New Thinking About The New Terror, Richard Danzig Apr 2003

Academics And Bioterrorists: New Thinking About The New Terror, Richard Danzig

Cardozo Law Review

No abstract provided.


Hate Speech In Constitutional Jurisprudence: A Comparative Analysis, Michel Rosenfeld Apr 2003

Hate Speech In Constitutional Jurisprudence: A Comparative Analysis, Michel Rosenfeld

Cardozo Law Review

No abstract provided.


How The Overturn Of The Child Pornography Prevention Act Under Ashcroft V. Free Speech Coalition Contributes To The Protection Of Children, Emily D. Goldberg Jan 2003

How The Overturn Of The Child Pornography Prevention Act Under Ashcroft V. Free Speech Coalition Contributes To The Protection Of Children, Emily D. Goldberg

Cardozo Journal of Equal Rights & Social Justice

The note examines the Supreme Court's decision in Ashcroft v. Free Speech Coalition, which struck down portions of the Child Pornography Prevention Act (CPPA) as unconstitutional under the First Amendment. The Court ruled that the CPPA's ban on virtual child pornography was overbroad, as it prohibited lawful speech that could have artistic, literary, or scientific value. The decision highlights the tension between protecting children from exploitation and safeguarding free speech, ultimately emphasizing the importance of allowing narratives that confront and address difficult issues like child sexual abuse.


Public Importance: Balancing Proprietary Interests And The Right To Know, Eric B. Easton Jan 2003

Public Importance: Balancing Proprietary Interests And The Right To Know, Eric B. Easton

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Queers Anonymous: Lesbians, Gay Men, Free Speech, And Cyberspace, Edward D. Stein Jan 2003

Queers Anonymous: Lesbians, Gay Men, Free Speech, And Cyberspace, Edward D. Stein

Articles

The expansion of cyberspace in the past decade has created unprecedented opportunities for communication, both across the globe and across the street. The Internet and other forms of cyberspace have provided new avenues for anonymous and pseudonymous communication. Individuals can now interact without the traditional constraints of time, place, and manner of communication.


Digitized Pornography Meets The First Amendment, Eric M. Freedman Aug 2002

Digitized Pornography Meets The First Amendment, Eric M. Freedman

Cardozo Law Review

No abstract provided.


Virtual Child Pornography: Criminal Conduct Or Protected Speech?, Daniel S. Armagh Aug 2002

Virtual Child Pornography: Criminal Conduct Or Protected Speech?, Daniel S. Armagh

Cardozo Law Review

No abstract provided.


Child Pornography In A Virtual World: The Continued Battle To Preserve The Child Pornography Prevention Act Of 1996, Vincent Mccarthy Aug 2002

Child Pornography In A Virtual World: The Continued Battle To Preserve The Child Pornography Prevention Act Of 1996, Vincent Mccarthy

Cardozo Law Review

No abstract provided.


Religion, The Rule Of Law, And The Good Of The Whole: A View From The Clergy, Marci A. Hamilton Apr 2002

Religion, The Rule Of Law, And The Good Of The Whole: A View From The Clergy, Marci A. Hamilton

Articles

No abstract provided.


The Right Questions About School Choice: Education, Religious Freedom, And The Common Good, Richard W. Garnett Mar 2002

The Right Questions About School Choice: Education, Religious Freedom, And The Common Good, Richard W. Garnett

Cardozo Law Review

No abstract provided.


The Deep Pocket Dilemma: Setting The Parameters Of Talk Show Liability, Jason S. Schlessel Jan 2002

The Deep Pocket Dilemma: Setting The Parameters Of Talk Show Liability, Jason S. Schlessel

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Art: To Fund Or Not To Fund? That Is Still The Question, Sarah F. Warren Jan 2001

Art: To Fund Or Not To Fund? That Is Still The Question, Sarah F. Warren

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Reconsidering The Federal Journalist's Privilege For Non-Confidential Information: Gonzales V. Nbc, Anthony L. Fargo Jan 2001

Reconsidering The Federal Journalist's Privilege For Non-Confidential Information: Gonzales V. Nbc, Anthony L. Fargo

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Alan Isaacman And The First Amendment: A Candid Interview With Larry Flynt's Attorney, Clay Calvert, Robert D. Richards Jan 2001

Alan Isaacman And The First Amendment: A Candid Interview With Larry Flynt's Attorney, Clay Calvert, Robert D. Richards

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Has The Computer Revolution Placed Our Children In Danger? A Closer Look At The Child Pornography Prevention Act Of 1996, Alison R. Gladowsky Jan 2001

Has The Computer Revolution Placed Our Children In Danger? A Closer Look At The Child Pornography Prevention Act Of 1996, Alison R. Gladowsky

Cardozo Journal of Equal Rights & Social Justice

The note examines the constitutionality of the Child Pornography Prevention Act of 1996 (CPPA), focusing on its expansion of child pornography definitions to include virtual images. It argues that the CPPA is a necessary measure to protect children from exploitation, despite First Amendment challenges, and advocates for its constitutionality based on compelling government interests.


Schmitt Reads Marx, Jorge E. Dotti May 2000

Schmitt Reads Marx, Jorge E. Dotti

Cardozo Law Review

No abstract provided.


A Response To Professor Benkler, Marci A. Hamilton Apr 2000

A Response To Professor Benkler, Marci A. Hamilton

Articles

Professor Hamilton explores the constitutional complexity uncovered by Professor Benkler in his piece, Constitutional Bounds of Database Protection: The Role of Judicial Review in the Creation and Definition of Private Rights in Information. Specifically, Professor Hamilton highlights that our democratic structure is characterized by representation rather than self-rule. In doing so, she refocuses the role of information in the political process and highlights that different types of information require different levels of access. Professor Hamilton's analysis further illustrates how an imprecise use of terminology may lead to incorrect conclusions regarding information jurisprudence. Through her more refined lens, Professor Hamilton reconsiders …


Comment: Separation And Schools, Kent Greenawalt Feb 2000

Comment: Separation And Schools, Kent Greenawalt

Cardozo Law Review

No abstract provided.


Parental Liability And The Criminal Misconduct Of Children In The Wake Of An Unregulated Internet: Who Should Pay?, Katherine R. Richardson Jan 2000

Parental Liability And The Criminal Misconduct Of Children In The Wake Of An Unregulated Internet: Who Should Pay?, Katherine R. Richardson

Cardozo Journal of Equal Rights & Social Justice

The note examines the legal and practical challenges of holding parents accountable for their children's criminal acts, particularly when influenced by internet content. It questions the effectiveness of parental liability laws and highlights the tension between child protection, parental rights, and internet regulation. While acknowledging the complexity of these issues, the note suggests that parental liability should only apply when a clear causal link exists between negligence and harm, though proving such a link is legally challenging. Ultimately, the analysis advocates for a nuanced approach to balancing these competing interests.


Video Voyeurism, Privacy, And The Internet: Exposing Peeping Toms In Cyberspace, Clay Calvert, Justin Brown Jan 2000

Video Voyeurism, Privacy, And The Internet: Exposing Peeping Toms In Cyberspace, Clay Calvert, Justin Brown

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Intermediate Questions Of Religious Exemptions - A Research Agenda With Test Suites, Eugene Volokh Dec 1999

Intermediate Questions Of Religious Exemptions - A Research Agenda With Test Suites, Eugene Volokh

Cardozo Law Review

No abstract provided.


How The Grinch Stole Chanukah, Isaac M. Jaroslawicz Dec 1999

How The Grinch Stole Chanukah, Isaac M. Jaroslawicz

Cardozo Law Review

No abstract provided.


Child Protection As A Judicial Burden On Religion And The Impact Of Religious Liberty Legislation, Robert J. Bruno Dec 1999

Child Protection As A Judicial Burden On Religion And The Impact Of Religious Liberty Legislation, Robert J. Bruno

Cardozo Law Review

No abstract provided.


A Reply, Marci A. Hamilton Apr 1999

A Reply, Marci A. Hamilton

Articles

It is not often that one gets such immediate (and lengthy) written responses to one's work. It is both humbling and a blessing. My five interlocutors have offered me the opportunity to gaze at my own work as it is reflected in five different pools. I like some of what I see, do not recognize some of it, and will refine other aspects in this brief reply. My only regret is that I simply cannot in the space of a reply respond to many of the interesting and worthy points raised.


Power, The Establishment Clause, And Vouchers, Marci A. Hamilton Apr 1999

Power, The Establishment Clause, And Vouchers, Marci A. Hamilton

Articles

No abstract provided.


Silencing The Past: Public Monuments And The Tutelary State, Sanford Levinson Jan 1999

Silencing The Past: Public Monuments And The Tutelary State, Sanford Levinson

Cardozo Arts & Entertainment Law Journal

No abstract provided.


The Right To Know?: Delimiting Database Protection At The Juncture Of The Commerce Clause, The Intellectual Property Clause And The First Amendment, Malla Pollack Jan 1999

The Right To Know?: Delimiting Database Protection At The Juncture Of The Commerce Clause, The Intellectual Property Clause And The First Amendment, Malla Pollack

Cardozo Arts & Entertainment Law Journal

No abstract provided.