First Amendment Commons^™

The Collapse And Fall Of Floating Buffer Zones: The Court Clarifies Analysis For Reviewing Speech-Restrictive Injunctions In Schenk V. Pro-Choice Network, Amy E. Miller

University of Richmond Law Review

The freedom of speech, although a predominant First Amendment principle, does not create an absolute right and remains subject to limitations for appropriate reasons, such as when the exercise of free speech encroaches upon the rights of others. Particularly sensitive situations arise when courts impose restrictions upon anti-abortion protestors in an attempt to protect the rights of patients and providers at abortion clinics. Indeed, despite a woman's long established right to obtain an abortion, emotionally charged demonstrations and recurrent anti-choice violence persist outside abortion clinics around the nation. Given that such practices induce stress and other health risks to women …

Free Speech In The College Community, Robert M. O'Neil, Rodney A. Small

Richmond Journal of Law & Technology

Robert O'Neil has written the book he was destined to write: Free Speech in the College Community. The former President of the University of Virginia and the University of Wisconsin, O'Neil is a distinguished lawyer and First Amendment scholar who has long been active in disputes involving student speech and academic freedom. He has parlayed those credentials into a book that is both creative and accessible. For both lawyers and non lawyers interested in campus speech issues, there is no better text available.

Defending The Middle Way: Intermediate Scrutiny As Judicial Minimalism, Jay D. Wexler

Faculty Scholarship

In the last few years, Court-watchers have been particularly busy critiquing the constitutional decisions of the splintered Rehnquist Court. Two of the recurring critiques have posited that the Justices are overly activist and that their opinions are needlessly confusing. American Lawyer's Stuart Taylor, for example, has decried both the "jurisprudential mess" of the Court's recent redistricting decisions' as well as the disturbing activism that Taylor believes marks each of the Equal Protection decisions of the 1995-96 Terman activism that has led him to wonder "whether there is any life at all left in the idea of judicial restraint."' Eva Rodriguez …

Will Tabloid Journalism Ruin The First Amendment For The Rest Of Us?, Rodney A. Smolla

Law Faculty Publications

Imagine that we set out to classify news organizations as falling into one of two Platonic "idealized forms," the "serious" journalists on the one hand, and the "tabloid" journalists on the other. In the pursuit of this happy exercise we might attempt to list the attributes that we tend to associate with each of these idealized forms. ...

From Paparazzi To Hidden Cameras: The Aggressive Side Of A Free And Responsible Press, Rodney A. Smolla

Law Faculty Publications

This article examines the complex of cultural effects and possible legal responses in the wake of the Princess of Wales' death. To say that the paparazzi were complicit in her death is to forget that, in spite of their frequently invasive means of obtaining news, these were also the kind of journalists who were complicit in the public celebration of her life. Had the Hutchins Commission this tragedy to include in its deliberations about press responsibility, it likely would have stated its indignation and suggested Diana's death as more evidence that journalists be regulated. But this article argues that aggressive …

Commercial Speech On The Internet: Spain And The First Amendment, Joshua A. Marcus

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Deception In Political Advertising: The Clash Between The First Amendment And Defamation Law, Evan Richman

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Sovereign Indignity? Values, Borders And The Internet: A Case Study, Eric Easton

All Faculty Scholarship

This article focuses on the publication ban issued by a Canadian court in a notorious murder trial, and the popular reaction to the publication ban, as a case study of the new global communications environment. Part I reconstructs the factual circumstances that provoked the ban, as well as the responses of the media, the legal establishment, and the public. Part II examines the ban itself, the constitutional challenge mounted by the media, and the landmark Dagenais decision. Part III reflects on the meaning of the entire episode for law, journalism, and national sovereignty.

The Dagenais decision demonstrates the continued independence …

A Brave New World Of Free Speech: Should Interactive Computer Service Providers Be Held Liable For The Information They Disseminate?, Sarah Becket Boehm

Richmond Journal of Law & Technology

Millions of people worldwide use online services to communicate via e-mail; to post and read messages on bulletin boards; to receive news, financial information and updated sports scores; and to gather information. Nearly anyone with access to the Internet can post information without having the facts verified or the content edited, so it is extremely likely that if they post defamatory material, it can find its way around the world in a matter of minutes. Due to the anonymous nature of the Internet, the author of the defamatory material may never be discovered. Assuming the author cannot be traced, the …

What’S Good For General Motors: Corporate Speech And The Theory Of Free Expression, Howard M. Wasserman

Faculty Publications

No abstract provided.

National Endowment For The Arts V. Finley: Challenging The Facial Challenge, Gloria F. Taft

Campbell Law Review

This Note examines the facial challenge in National Endowment for the Arts ("NEA") v. Finley and how an as-applied challenge may have produced a different outcome. In particular, this Note will analyze the inadequacy of a facial challenge to the "decency & respect" provision, and in the alternative how an asapplied challenge would have invalidated the provision when applied to artists such as the Respondents in Finley.

Food For The Lions: Excessive Damages For Newsgathering Torts And The Limitations Of Current First Amendment Doctrines , Andrew B. Sims

Faculty Scholarship

No abstract provided.

The First Amendment, Children, The Internet, And America's Public Libraries, Fred H. Cate

Articles by Maurer Faculty

No abstract provided.

New York State Constitutional Law Trends And Developments: Introduction, Howard Glickstein, Barry Latzer

Touro Law Review

No abstract provided.

Freedom Of Speech - How Does The New York State Constitution Compare To The United States Constitution?, Eileen Kaufman, Leon Friedman

Touro Law Review

No abstract provided.

Free Speech, Court Of Appeals: Rogers V. New York City Transit Authority

Touro Law Review

No abstract provided.

Establishment Of Religion, Supreme Court, Appellate Division, First Department: Robbins V. Bright

Touro Law Review

No abstract provided.

Free Speech, Court Of Appeals: People V. Tichenor

Touro Law Review

No abstract provided.

Free Speech, Supreme Court, Appellate Division, Third Department: Macfarlane V. Village Of Scotia

Touro Law Review

No abstract provided.

Et Tu Judge Bork Will Solipsism Destroy Conservative Ideology?, Sol Wachtler, David S. Gould

Touro Law Review

No abstract provided.

Adult Uses And The First Amendment: The Stringfellow’S Decision And Its Impact On Municipal Control Of Adult Businesses, Steve Mcmillen

Touro Law Review

No abstract provided.

Political Association, Supreme Court, Appellate Division, Third Department: Kalkstein V. Dinapoli

Touro Law Review

No abstract provided.

Free Speech, Supreme Court, Appellate Division, Third Department: Urbach V. Farrell

Touro Law Review

No abstract provided.

High Drama On The High Court: The First Amendment In The 1996 Term, Marjorie Heins

Touro Law Review

No abstract provided.

Intellectual Privacy And Censorship Of The Internet, Julie E. Cohen

Georgetown Law Faculty Publications and Other Works

No abstract provided.

The Legality Of The Religious Use Of Peyote By The Native American Church: A Commentary On The Free Exercise, Equal Protection, And Establishment Issues Raised By The Peyote Way Church Of God Case, John Thomas Bannon Jr.

American Indian Law Review

No abstract provided.

Quo Vadis, Posadas?, William W. Van Alstyne

Faculty Scholarship

This examination looks at Virginia's ban on speech advertising motorcycles and revisits the question raised in the Posadas decision - may a state ban speech about a legal product the state could ban if it so desired. This article uses comparisons to the government employee speech cases to further illuminate the issue.

Weighing The Listener's Interest: Justice Blackmun's Commercial Speech And Public Forum Opinions, William S. Dodge

Faculty Scholarship

No abstract provided.

The Status Of Constitutional Religious Liberty At The End Of The Millennium, Kurt T. Lash

Law Faculty Publications

I have the privilege of introducing the 1998 Bums Lecture Symposium- Religious Liberty in the Next Millennium: Should We Amend the Religion Clauses of the United States Constitution? My role in this Symposium is to acquaint you with the religion clauses of the Constitution- where they came from- where they've been- and where they seem to be today. Our Symposium contributors, Professors Kent Greenawalt and Robert George will discuss just where they think the religion clauses should go in the future.

When Rights Collide: Reconciling The First Amendment Rights Of Opposing Parties In Civil Litigation, Barbara Arco

University of Miami Law Review

No abstract provided.