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Articles 31 - 60 of 91
Full-Text Articles in First Amendment
The Collision Of Rights In Violence-Conducive Speech, Frederick M. Lawrence
The Collision Of Rights In Violence-Conducive Speech, Frederick M. Lawrence
Cardozo Law Review
No abstract provided.
Righting The Balance: An Inquiry Into The Foundations And Limits Of Freedom Of Expression, Steven J. Heyman
Righting The Balance: An Inquiry Into The Foundations And Limits Of Freedom Of Expression, Steven J. Heyman
All Faculty Scholarship
Contemporary disputes over the First Amendment often result in deadlock. One side stresses the paramount value of free speech, while the other side points to the harms that particular kinds of speech can cause. It is difficult to see how this impasse can be broken without a more general account of the scope of free expression: a view that integrates both the justifications and the limits of freedom of speech into a coherent whole. This Article makes a start toward developing such a theory. Its central thesis is that freedom of speech is a right that is limited by the …
City Of Boerne V. Flores: A Landmark For Structural Analysis, Marci A. Hamilton
City Of Boerne V. Flores: A Landmark For Structural Analysis, Marci A. Hamilton
Articles
No abstract provided.
Will Tabloid Journalism Ruin The First Amendment For The Rest Of Us?, Rodney A. Smolla
Will Tabloid Journalism Ruin The First Amendment For The Rest Of Us?, Rodney A. Smolla
Scholarly Articles
Not available.
Speech And The Self-Realization Value, Brian C. Murchison
Speech And The Self-Realization Value, Brian C. Murchison
Scholarly Articles
None available.
Cable Tv Users Taxes: A First Amendment Challenge, 8 Computer L.J. 257 (1988), Carlos Victor Yguico
Cable Tv Users Taxes: A First Amendment Challenge, 8 Computer L.J. 257 (1988), Carlos Victor Yguico
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Free Speech On The Information Superhighway: European Perspectives, 16 J. Marshall J. Computer & Info. L. 905 (1998), Caroline Uyttendaele, Joseph Dumortier
Free Speech On The Information Superhighway: European Perspectives, 16 J. Marshall J. Computer & Info. L. 905 (1998), Caroline Uyttendaele, Joseph Dumortier
UIC John Marshall Journal of Information Technology & Privacy Law
This article focuses on the need for free speech legislation on the information superhighway. Two issues are addressed in this article. First, whether additional measures are needed for protecting free speech on the Internet. Second, whether the existing restrictions on free speech are relevant. The information superhighway in the United States is referred as a growing economic interest in information. In contract, the emphasis in Europe lies more on the "information society." In both instances, the government recognizes that the Internet has become a powerful medium of expression. Additionally, the Internet is a true testing ground for regulating the information …
Bery V. New York: Do Artists Have A First Amendment Right To Sell And Display Art In Public Places, Christina A. Mathes
Bery V. New York: Do Artists Have A First Amendment Right To Sell And Display Art In Public Places, Christina A. Mathes
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Fencing Cyberspace: Drawing Borders In A Virtual World, Maureen A. O'Rourke
Fencing Cyberspace: Drawing Borders In A Virtual World, Maureen A. O'Rourke
Faculty Scholarship
In the last few years, the Internet has increasingly become a source of information even for the historically computer illiterate. The growing popularity of the Internet has been driven in large part by the World Wide Web (web). The web is a system that facilitates use of the Internet by helping users sort through the great mass of information available on it. The web uses software that allows one document to link to and access another, and so on, despite the fact that the documents may reside on different machines in physically remote locations. The dispersion of data that is …
Freedom Of The Press And The Business Of Journalism: The Myth Of Democratic Competition In The Marketplace Of Ideas, 67 Rev. Jur. U.P.R. 447 (1998), Alberto Bernabe
Freedom Of The Press And The Business Of Journalism: The Myth Of Democratic Competition In The Marketplace Of Ideas, 67 Rev. Jur. U.P.R. 447 (1998), Alberto Bernabe
UIC Law Open Access Faculty Scholarship
No abstract provided.
The First Amendment And Newspaper Vending Machine Regulation, Heidi C. Fletemeyer
The First Amendment And Newspaper Vending Machine Regulation, Heidi C. Fletemeyer
University of Colorado Law Review
No abstract provided.
Talking About Religion In The Language Of The Law: Impossible But Necessary, James Boyd White
Talking About Religion In The Language Of The Law: Impossible But Necessary, James Boyd White
Articles
In speaking to this conference about religion and law I am in a decidedly peculiar position, for it may be that every one of you has thought longer and harder about the relation between these two forms of life than I have. When Scott Idleman first asked me to talk to you, I explained that I was no expert, to put it mildly, and that the most that I could offer would be the reflections of a neophyte. He said that this was fine-perhaps he was just desperate for a speaker; perhaps he thought that it might be helpful to …
Right Of Publicity: Cardtoons, L.C. V. Major League Baseball Players Association, Kym Carrier
Right Of Publicity: Cardtoons, L.C. V. Major League Baseball Players Association, Kym Carrier
Oklahoma Law Review
No abstract provided.
Prying, Spying And Lying: Intrusive Newsgather And What The Law Should Do About Them, Lyrissa Lidsky
Prying, Spying And Lying: Intrusive Newsgather And What The Law Should Do About Them, Lyrissa Lidsky
Faculty Publications
The media's use of intrusive newsgathering techniques poses an increasing threat to individual privacy. Courts currently resolve the overwhelming majority of conflicts in favor of the media. This is not because the First Amendment bars the imposition of tort liability on the media for its newsgathering practices. It does not. Rather, tort law has failed to seize the opportunity to create meaninful privacy protection. After surveying the economic, philosophical, and practical obstacles to reform, this Article proposes to rejuvenate the tort of intrusion to tip the balance between privacy and the press back in privacy's direction. Working within the framework …
New Criticisms Of The Libel-Proof Plaintiff Doctrine , Wayne M. Serra
New Criticisms Of The Libel-Proof Plaintiff Doctrine , Wayne M. Serra
Cleveland State Law Review
This paper will explore the libel-proof plaintiff doctrine and examine it in light of traditional standing and jurisdictional principles. Part II of this paper discusses the origin of the libel-proof doctrine and its application. Part III explores the general requirements for diversity actions in the federal district courts, the application of state law to those actions, and the impact of the First Amendment on state libel law. Part IV discusses standing to sue principles and analyzes the libel-proof plaintiff doctrine in light of those principles. Part V discusses some criticisms of the libel-proof plaintiff doctrine. Finally, Part VI concludes that …
Lisa Herdahl And Religious Liberty , Nadine Strossen
Lisa Herdahl And Religious Liberty , Nadine Strossen
Cleveland State Law Review
Introduction of the ACLU’s Roger Baldwin Medal of Liberty Award honoree, detailing her specific struggle and outlining the larger national picture her case reflected.
Reflections On Judge Donald Porter And His Contributions To Free Speech Jurisprudence, David Day
Reflections On Judge Donald Porter And His Contributions To Free Speech Jurisprudence, David Day
Faculty Publications
No abstract provided.
Gambling With First Amendment Rights: Playing The Cards Dealt By Valley Broadcasting Co. V. United States, David Jones
Gambling With First Amendment Rights: Playing The Cards Dealt By Valley Broadcasting Co. V. United States, David Jones
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Establishing The Boundaries Of First Amendment Protection For Speech In The Cyberspace Frontier: Reno V. Aclu, Michael J. Merchant
Establishing The Boundaries Of First Amendment Protection For Speech In The Cyberspace Frontier: Reno V. Aclu, Michael J. Merchant
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Right Of Publicity Tarnishment And The First Amendment, Edgar Sargent
Right Of Publicity Tarnishment And The First Amendment, Edgar Sargent
Washington Law Review
This Comment proposes a new cause of action for tarnishment of the right of publicity. The claim would protect the rights holder from uses that create offensive or degrading associations and thus harm the value of the protected persona. To prevent undue constraint upon First Amendment protected speech about public figures, publicity rights protection must be carefully balanced against free speech interests. In most cases, a speaker's right to refer to a public figure will be superior to the publicity rights holder's interest in controlling the manner in which a persona is used. However, publicity rights holders should prevail when …
The Pentagon Papers Case And The Path Not Taken: A Personal Memoir On The First Amendment And The Separation Of Powers, Joel Gora
Faculty Scholarship
No abstract provided.
Free Speech And Good Character, Vincent A. Blasi
Free Speech And Good Character, Vincent A. Blasi
Faculty Scholarship
Early proponents of the freedom of speech such as John Milton, John Stuart Mill, and Louis Brandeis emphasized the role expressive liberty plays in strengthening the character of persons entrusted with such freedom. These theorists argued that character traits such as civic courage, independence of mind, and the capacity to learn from experience and adapt are nurtured by trusting citizens with dangerous ideas. Today there is much talk about good character in relation to free speech disputes-but all on the side of those who would regulate speakers. It is time to remember that a concern about character cuts both ways …
Review Of Free Speech In Its Forgotten Years, Terrance Sandalow
Review Of Free Speech In Its Forgotten Years, Terrance Sandalow
Reviews
The gulf that separates contemporary understanding of the First Amendment from that which prevailed in earlier years emerges with striking clarity in this absorbing book by David Rabban,a former AAUP staff counsel who is now professor of law at the University of Texas and the AAUP's general counsel.
The Conflict Between The First Amendment And Copyright Law And Its Impact On The Internet, Stephen Fraser
The Conflict Between The First Amendment And Copyright Law And Its Impact On The Internet, Stephen Fraser
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Public Interest Regulation In The Digital Tv Era, Henry Geller
Public Interest Regulation In The Digital Tv Era, Henry Geller
Cardozo Arts & Entertainment Law Journal
No abstract provided.
What's In A Word? A Comparative Analysis Of Article I, § 12 Of The New York State Constitution And The Fourth Amendment To The United States Constitution As Interpreted By The New York Court Of Appeals And The United States Supreme Court, Douglas Holden Wigdor
Touro Law Review
No abstract provided.
Establishment Of Religion, Court Of Appeals: Grumet V. Cuomo
Establishment Of Religion, Court Of Appeals: Grumet V. Cuomo
Touro Law Review
No abstract provided.
Establishment Of Religion, Court Of Appeals: Park Slope Jewish Center V. Congregation B'Nai Jacob
Establishment Of Religion, Court Of Appeals: Park Slope Jewish Center V. Congregation B'Nai Jacob
Touro Law Review
No abstract provided.
Make Your Own Kind Of Music: Queer Student Groups And The First Amendment, Doni Gewirtzman
Make Your Own Kind Of Music: Queer Student Groups And The First Amendment, Doni Gewirtzman
Articles & Chapters
As openly gay and lesbian students become a more regular presence in public high schools, students in many schools have started lesbian and gay student organizations. In response, some school districts and state legislatures have attempted to prevent the clubs from meeting, either through categorical bans on all extracurricular groups or through legislation specifically designed to prevent the gay clubs from meeting. This Comment examines the First Amendment issues raised by these efforts. It argues that the Supreme Court's current approach to student speech, which focuses on whether the speech is school sponsored and on the application of public forum …
Indirect Infringement And Counterfeiting: Remedies Available Against Those Who Knowingly Rent To Counterfeiters, Barbara Kolsun, Jonathan Bayer
Indirect Infringement And Counterfeiting: Remedies Available Against Those Who Knowingly Rent To Counterfeiters, Barbara Kolsun, Jonathan Bayer
Cardozo Arts & Entertainment Law Journal
No abstract provided.