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Articles 31 - 60 of 96
Full-Text Articles in First Amendment
Cryptography And The First Amendment: The Right To Be Unheard, 14 J. Marshall J. Computer & Info. L. 325 (1996), Phillip E. Reiman
Cryptography And The First Amendment: The Right To Be Unheard, 14 J. Marshall J. Computer & Info. L. 325 (1996), Phillip E. Reiman
UIC John Marshall Journal of Information Technology & Privacy Law
The author proposes that current technology has made cryptography an important element in maintaining a society's right to free speech. Cryptography is the process of using secret codes to protect information. This protection increases society's privacy because cryptographers can limit the amount of information that is seen by others. The world is becoming a place where there is virtually no privacy. Everyone is open to surveillance through the Internet, use of a credit card or being filmed on a security camera. Cryptography is a means in which a person can protect his privacy. Through this protection, the author states that …
Don't Shoot The Messenger: Protecting Speech On Editorially Controlled Bulletin Board Services By Applying Sullivan Malice, 14 J. Marshall J. Computer & Info. L. 347 (1996), Iris Ferosie
UIC John Marshall Journal of Information Technology & Privacy Law
Courts must determine the standard of liability for Internet Service Providers (ISPs) that proactively edit their Bulletin Board Systems (BBSs) for defamatory content. ISPs are computer services that provide data processing and communication services to customers - individual computer users who subscribe to the ISP's service. BBSs are computer programs that act like a traditional bulletin board. They are centrally located on the ISP's computers, and people who subscribe to the ISP can access that bulletin board to publish (or "post") messages on the board, and read and respond to other people's messages. Some ISPs allow people to post messages …
The Constitutionality Of Congressional Efforts To Ban Computer-Generated Child Pornography: A First Amendment Assessment Of S. 1237, 14 J. Marshall J. Computer & Info. L. 483 (1996), Ronald W. Adelman
UIC John Marshall Journal of Information Technology & Privacy Law
This article addressed the constitutionality of the Child Pornography Prevention Act of 1995 (Hatch Bill) in regard to computer-generated child pornography. The Bill outlaws a visual depiction that is or appears to be of a minor engaging in sexually explicit conduct. The author claims the comments of David B. Johnson and John C. Scheller regarding the constitutionality of the Bill are analytically flawed because they focus on dicta from New York v. Ferber and Osborne v. Ohio. The author then engages in his own assessment of the Bill using a First Amendment approach and suggests what findings Congress should make …
Teaching The Elephant To Dance: Privatizing The Fda Review Process, Elizabeth Price Foley, Elizabeth C. Price
Teaching The Elephant To Dance: Privatizing The Fda Review Process, Elizabeth Price Foley, Elizabeth C. Price
Faculty Publications
Considers the implications of privatizing the Food and Drug Administration's (FDA) review of the safety and efficacy of medical devices and drugs. Concludes that the FDA's flaws - namely, a risk avoidance culture and autocratic style of regulation - can only be accomplished by breaking the agency's monopolization of this review function.
Trademark Parody And The First Amendment: Humor In The Eye Of The Beholder, 29 J. Marshall L. Rev. 877 (1996), Mark V.B. Partridge
Trademark Parody And The First Amendment: Humor In The Eye Of The Beholder, 29 J. Marshall L. Rev. 877 (1996), Mark V.B. Partridge
UIC Law Review
No abstract provided.
God, Money, And Schools: Voucher Programs Impugn The Separation Of Church And State, 30 J. Marshall L. Rev. 1 (1996), Harlan A. Loeb, Debbie N. Kaminer
God, Money, And Schools: Voucher Programs Impugn The Separation Of Church And State, 30 J. Marshall L. Rev. 1 (1996), Harlan A. Loeb, Debbie N. Kaminer
UIC Law Review
No abstract provided.
Public Employee Speech And Public Concern: A Critique Of The U.S. Supreme Court's Threshold Approach To Public Employee Speech Cases, 30 J. Marshall L. Rev. 121 (1996), Pengtian Ma
UIC Law Review
No abstract provided.
Hate Speech And Enforcement Of The Fair Housing Laws, 29 J. Marshall L. Rev. 409 (1996), Michael P. Seng
Hate Speech And Enforcement Of The Fair Housing Laws, 29 J. Marshall L. Rev. 409 (1996), Michael P. Seng
UIC Law Review
No abstract provided.
Religious Liberty And Fair Housing: Must A Landlord Rent Against His Conscience, 29 J. Marshall L. Rev. 455 (1996), James C. Geoly, Kevin R. Gustafson
Religious Liberty And Fair Housing: Must A Landlord Rent Against His Conscience, 29 J. Marshall L. Rev. 455 (1996), James C. Geoly, Kevin R. Gustafson
UIC Law Review
No abstract provided.
Developments In Liability Theories And Defenses, Robert A. Destro
Developments In Liability Theories And Defenses, Robert A. Destro
Scholarly Articles
Litigators with experience in the field of religious liberty believe that courts do not seem to take religious liberty claims and defenses very seriously; however, it is difficult to know why. To be sure, the anecdotal evidence is certainly there, not only in the reported cases, but also in the actual courtroom experiences of those who attempt to raise religious liberty claims and defenses. In one Texas tort case, a trial court judge stated that she would not permit the Church "to hide behind the first amendment;" in a Maryland case a number of years ago, I was asked by …
Remembering Melville Nimmer: Some Cautionary Notes On Commercial Speech, William W. Van Alstyne
Remembering Melville Nimmer: Some Cautionary Notes On Commercial Speech, William W. Van Alstyne
Faculty Scholarship
This examination concerns itself with two main questions: what qualifies as commercial speech and how much protection does commercial speech enjoy under the First Amendment when compared to other forms of speech. The trend of the Court indicates that commercial speech enjoys protections similar to political speech.
The Newsworthiness Defense To The Public Disclosure Tort, Geoff Dendy
The Newsworthiness Defense To The Public Disclosure Tort, Geoff Dendy
Kentucky Law Journal
No abstract provided.
Introduction - Safe Harbors And Stern Warnings: Fcc Regulation Of Indecent Broadcasting, Richard C. Turkington
Introduction - Safe Harbors And Stern Warnings: Fcc Regulation Of Indecent Broadcasting, Richard C. Turkington
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
The Influence Of The United States Court Of Appeals For The District Of Columbia Circuit On Broadcast Indecency Policy, Jeremy Harris Lipschultz
The Influence Of The United States Court Of Appeals For The District Of Columbia Circuit On Broadcast Indecency Policy, Jeremy Harris Lipschultz
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Vagueness And Indecency, Jonathan Weinberg
Vagueness And Indecency, Jonathan Weinberg
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Prior Restraints On The Media And The Right To A Fair Trial: A Proposal For A New Standard, 84 Ky. L.J. 259 (1996), Alberto Bernabe
Prior Restraints On The Media And The Right To A Fair Trial: A Proposal For A New Standard, 84 Ky. L.J. 259 (1996), Alberto Bernabe
UIC Law Open Access Faculty Scholarship
No abstract provided.
Competition Policy In America 1888-1992: History, Rhetoric, Law, Rudolph J.R. Peritz
Competition Policy In America 1888-1992: History, Rhetoric, Law, Rudolph J.R. Peritz
Books
Americans have long appealed to images of free competition in calling for free enterprise, freedom of contract, free labor, free trade, and free speech. This imagery has retained its appeal in myriad aspects of public policy--for example, Senator Sherman's Anti-Trust Act of 1890, Justice Holmes's metaphorical marketplace of ideas, and President Reagan's rhetoric of deregulation.
In Competition Policy in America, 1888-1992, Rudolph Peritz explores the durability of free competition imagery by tracing its influences on public policy. Looking at congressional debates and hearings, administrative agency activities, court opinions, arguments of counsel, and economic, legal, and political scholarship, he finds …
State V. Pendleton: Impermissible Delegations To Religious Institutions: Is Campbell University An Armed Church?, Stephen See
State V. Pendleton: Impermissible Delegations To Religious Institutions: Is Campbell University An Armed Church?, Stephen See
Campbell Law Review
This note will review the North Carolina Supreme Court's use and interpretation of Larkin and compare it with the interpretation of Larkin by other courts in cases that specifically follow Larkin.
On Conduits And Voices, Thomas Morawetz
On Conduits And Voices, Thomas Morawetz
Faculty Articles and Papers
No abstract provided.
Proving Miracles And The First Amendment, Robert Birmingham
Proving Miracles And The First Amendment, Robert Birmingham
Faculty Articles and Papers
No abstract provided.
Application Of U.S. Supreme Court Doctrine To Anonymity In The Networld, George H. Carr
Application Of U.S. Supreme Court Doctrine To Anonymity In The Networld, George H. Carr
Cleveland State Law Review
There are still many issues to be resolved about the Internet's unique status as a media technology and its legal status under current law. Debate over the propriety, necessity, and legality of anonymous speech has been protracted and pervasive. Indeed, this debate has extended to all corners of the Internet. The main source material for this Note is the recent case of McIntyre v. Ohio Elections Comm'n, in which the Supreme Court confirmed its continuing commitment to preservation of the right to free speech, and interpreted the First Amendment to protect much anonymous speech. This Note will quantify how the …
Untying The State Action Knot, Craig M. Bradley
Untying The State Action Knot, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.