First Amendment Commons^™

Freedom Of Speech And Press

Touro Law Review

No abstract provided.

Commercial Exploitation Or Protected Use? Stern V. Delphi Internet Services Corporation And The Erosion Of The Right Of Publicity, Aaron J. Reber, Karin Mika

Touro Law Review

No abstract provided.

A Championship Season For The First Amendment, Joel Gora

Touro Law Review

No abstract provided.

Policing Speech On The Airwaves: Granting Rights, Preventing Wrongs, Maria Marcus

Faculty Scholarship

Should the FCC take steps to prevent repeated advocacy of specific violent acts on the airwaves? If so, it must meticulously differentiate between mainstream government critics who are exercising First Amendment rights of dissent, and inciters of murder and sabotage. This Article proposes a new test to guide the FCC in that endeavor. Part I begins with an overview of communications law and the FCC's erratic enforcement efforts-what it has chosen to regulate unhesitatingly (e.g., dangerous hoaxes and indecency) and what it has ducked. The next sections will analyze the inadequacy of the Supreme Court's incitement jurisprudence. The 1969 Brandenburg …

Term Limits On Original Intent--An Essay On Legal Debate And Historical Understanding, Polly J. Price

Faculty Articles

This Essay is divided into five Parts. Part I sets the stage for the historical debate by evaluating the text of the Qualifications Clauses as well as the limited evidence of what the Framers and the ratifiers thought about these provisions. Part II shows that many states, immediately after the federal Constitution was ratified, behaved as though the Qualifications Clauses did not prevent them from adding qualifications for congressional office-holding. Part III compares this early evidence of state behavior with a debate in Congress after the Civil War concerning the meaning of the Qualifications Clauses. Part IV returns to the …

Worlds Apart: Reconciling Freedom Of Speech And Equality, John A. Powell

Kentucky Law Journal

No abstract provided.

Cass Sunstein's "New Deal" For Free Speech: Is It An "Un-American" Theory Of Speech?, Richard J. Vangelisti

Kentucky Law Journal

No abstract provided.

Review Of Winifred Fallers Sullivan, Paying The Words Extra: Religious Discourse In The Supreme Court Of The United States (1994), Leslie C. Griffin

Scholarly Works

No abstract provided.

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).

Federal Broadband Law, John Thorne, Michael K. Kellog, Peter W. Huber, Jeffrey A. Wolfson

Richmond Journal of Law & Technology

The authors of this book have brought together a vast and varied array of experience. Mr. Thorne is the Vice President & Associate General Counsel for Bell Atlantic; Mr. Huber is a Senior Fellow at the Manhattan Institute for Policy Research; and Mr. Kellogg is a Partner at Kellogg, Huber, Hansen & Todd. A reader will find the occasional use of technical jargon, such as "domsats" (domestic satellites), "coax" (coaxial cable), and "syndex" rules (syndicated exclusivity rules to protect syndicated, non-network programming) to be somewhat confusing. "Telcos" and "cablecos" are telephone and cable companies, respectively. Overall, however, technical jargon is …

Joining A Cult: Religious Choice Or Psychological Aberration, Dena S. Davis

Journal of Law and Health

In this article, I will analyze the different theories about "cult" membership and conversion, specifically focusing upon whether or not conversions to cults ought to be respected by the law in the same way that the law respects conversion to be respected by the law in the same way that the law respects conversion to and membership in, mainstream religions. In section II, I attempt (unsuccessfully) to define a "cult". In section III, I discuss the civil liberties issues surrounding "cults" and the public furor they have engendered. In section IV, I discuss the different and competing theories about why …

The Big Chill: Third-Party Documents And The Reporter's Privilege, Bradley S. Miller

University of Michigan Journal of Law Reform

In the wake of Philip Morris' multi-billion dollar libel suit against ABC, a Virginia court has sanctioned a new method of discovery that promises to have an unsettling impact on the reporter's privilege to protect confidential sources. In Philip Morris Cos. v. American Broadcasting Cos., the tobacco giant moved to compel disclosure of the identity of a former R.J. Reynolds manager who suggested on ABC's Day One news program that tobacco companies add nicotine to the cigarettes they manufacture. At the same time, Philip Morris issued subpoenas for the expense records of two ABC employees who wrote and produced …

A Right To Read Anonymously: A Closer Look At "Copyright Management" In Cyberspace, Julie E. Cohen

Georgetown Law Faculty Publications and Other Works

It has become commonplace to say that we have entered the age of information. The words conjure up images of a reader’s paradise—an era of limitless access to information resources and unlimited interpersonal communication. In truth, however, the new information age is turning out to be as much an age of information about readers as an age of information for readers. The same technologies that have made vast amounts of information accessible in digital form are enabling information providers to amass an unprecedented wealth of data about who their customers are and what they like to read. In the new …

Telephone Companies, The First Amendment, And Technological Convergence, Fred H. Cate

Articles by Maurer Faculty

No abstract provided.

The Evening Hours During Pacifica Standard Time, C. Edwin Baker

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

A Historical Perspective On The Protection Of Children From Broadcasting Indecency, Edythe Wise

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Indecent Proposals: Reason, Restraint And Responsibility In The Regulation Of Indecency, Allen S. Iv Hammond

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

The Supreme Court Turns Its Back On The First Amendment, The 1992 Cable Act And The First Amendment: Turner Broadcasting System, Inc. V. Fcc, Holli K. Sands

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

The Fcc, Indecency, And Anti-Abortion Political Advertising, Lili Levi

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

American Library Association V. Reno: Protecting Producers Against Infringement Or Children Against Vulnerability - First Amendment Issues Surrounding Child Pornography Laws, Lisa L. Eckl

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Common Schools, Uncommon Values: Listening To The Voices Of Dissent, Rosemary C. Salomone

Faculty Publications

(Excerpt)

Education in America as we know it today draws its origins from the philosophical perspectives and political objectives of the common school reformers over a century ago. For them, mass education was a primary vehicle for defining ourselves as a nation. Schools would develop civic virtue and a national character through a shared set of values reflected in the school curriculum. The common school experience, offered to all regardless of social class or ethnic background, would assimilate the hordes of immigrants coming to our shores and meet the emerging needs of industrialization. Individuals across the economic spectrum, afforded education …

Supplementing The Assumed Definitions: A Commentary On Professor Brownstein's Analysis Of Abortion Protest Restrictions, Leslie Gielow Jacobs

McGeorge School of Law Scholarly Articles

No abstract provided.

The Art Of Making Law From Other People's Art, Bruce Rogow

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Garbage In: Emerging Media And Regulation Of Unsolicited Commercial Solicitiations, Michael W. Carroll

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Discovering Who We Are: An English Perspective On The Simpson Trial, William T. Pizzi

Publications

No abstract provided.

This Could Be Your Culture--Junk Speech In A Time Of Decadence, Pierre Schlag

Publications

No abstract provided.

Rethinking Media Liability For Defamation Of Public Figures, John L. Diamond

Faculty Scholarship

No abstract provided.

Will The Supreme Court Sound The Death Knell For Political Patronage? An Analysis Of O'Hare Truck Services, Inc. V. City Of Northlake, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case O'Hare v. City of Northlake, 518 U.S. 712 (1996). The author expected the Court to analyze whether political patronage infringes on First Amendment rights.

Nonviolent Abortion Clinic Protests: Reevaluating Some Current Assumptions About The Proper Scope Of Government Regulations, Leslie Gielow Jacobs

McGeorge School of Law Scholarly Articles

Regulation of nonviolent political-protest activities outside abortion clinics must balance the constitutional rights to free speech and to choose abortion, and the social value of nonviolent political protest. This Article examines and questions two current assumptions about the proper scope of government regulations. The first assumption is that, absent a constitutional obstacle under prevailing free speech jurisprudence, it is appropriate to enjoin or statutorily enhance sanctions for any variety of nonviolent political-protest activities that block access to clinics or constitute illegal trespasses. This Article argues that for a particular type of nonviolent political protest-conduct that is equivalent to speech on …

All Things Being Equal, John H. Garvey

Scholarly Articles

I will discuss the effect that the proposed Religious Equality Amendment might have on existing First Amendment law.