First Amendment Commons^™

The Constitutionality Of Rescue Fund Triggers In North Carolina's Judicial Campaign Reform Act, Jason Bradley Kay, Jack Mcdaniel Sawyer

First Amendment Law Review

No abstract provided.

Right To Privacy: Why The Private Facts Tort Cannot Coexist With The First Amendment, David C. Adkins

First Amendment Law Review

No abstract provided.

Freedom Of Expression And Interactive Media: Video Games And The First Amendment, Carmen K. Hoyme

First Amendment Law Review

No abstract provided.

Disorder In The Courts: Public School Student Expression On The Internet, Brian Oten

First Amendment Law Review

No abstract provided.

Establishing Bonds Between Church And State: The Issuance Of Tax-Exempt Bonds For Religious Institutions, Martha Ratnoff Fleisher

First Amendment Law Review

No abstract provided.

Adding Marks To The Mix Of An Already Muddled Decision Regarding Public Forums And Freedom Of Speech On The Internet , Tyson Snow

Brigham Young University Journal of Public Law

No abstract provided.

Fixing The Faulty Forum Framework: Changing The Way Courts Analyze Free Speech Cases, W. Brent Woodall

First Amendment Law Review

No abstract provided.

Freedom To Petition: The Tort Reform Opponent's Untapped Resource, Angela W. Garcia-Lamarca

First Amendment Law Review

No abstract provided.

Rehearsal For Media Regulation: Congress Versus The Telegraph-News Monopoly, 1866-1900, Menahem Blondheim

Federal Communications Law Journal

In this Article, Menahem Blondheim presents a critical historical analysis of the dawn of communications regulation as it began with the evolution of domestic telegraphy and developed into a coherent link between 19th century technological, business, and social developments and twentieth century First Amendment thought. First, the Article examines the political and economic environment which led to the development of national telegraph and news networks, like Western Union and the Associated Press. The Author then proceeds to assess the role of the mid-to-late nineteenth century American legislature, and how the debate over telegraph and wire service regulation realigned the powers …

Legislating The Tower Of Babel: International Restrictions On Internet Content And The Marketplace Of Ideas, Michael F. Sutton

Federal Communications Law Journal

The First Amendment to the U.S. Constitution protects the expression of diverse viewpoints in virtually any medium. Nevertheless, the modern novelty of "borderless" communication via the Internet strains our ideal of keeping government out of the business of regulating speech. This Note reveals the conflict between the First Amendment's national protections and the Internet's lack of national boundaries, while also arguing for international intervention for the protection of free speech. This Author articulates the real danger of "watered-down speech" unless both the FCC and the international community provide regulations and harmonized international standards for online content that reflect First Amendment …

Ub Viewpoint – Journalists May Face Contempt For Protecting Sources, Eric Easton

All Faculty Scholarship

No abstract provided.

Adjudicative Speech And The First Amendment, Christopher J. Peters

All Faculty Scholarship

While political speech - speech intended to influence political decisions - is afforded the highest protection under the First Amendment, adjudicative speech - speech intended to influence court decisions - is regularly and systematically constrained by rules of evidence, canons of professional ethics, judicial gag orders, and similar devices. Yet court decisions can be as important, both to the litigants and to society at large, as political decisions. How then can our practice of severely constraining adjudicative speech be justified as consistent with First Amendment principles?

This Article attempts to answer that question in a way that is informative about …

Symbolic Counter-Speech, Harold M. Wasserman

William & Mary Bill of Rights Journal

No abstract provided.

"In The Light Of Reason And Experience": The Scope Of Evidentiary Privilege In The Self-Help Setting: Alcoholics Anonymous Examined, Bree Schonbrun

Cardozo Law Review

No abstract provided.

Free The Fortune 500! The Debate Over Corporate Speech And The First Amendment, Rodney A. Smolla

Scholarly Articles

Examines the lessons to be learned in the U.S. Supreme Court landmark free speech case in "Nike Inc. v. Kasky".

Internet Filters And The First Amendment: Public Libraries After United States V. American Library Association, Leah Wardak

Loyola University Chicago Law Journal

No abstract provided.

Keynote Address: Reproductive Rights Under Siege: Responding To The Anti-Choice Agenda Conference. University Of Michigan Law School. March 5, 2004, Nancy Northup

Michigan Journal of Gender & Law

It is great to be here with a new generation that is advocating for reproductive rights and responding to the extraordinary anti-choice agenda we currently face. I am not going to talk about that agenda directly tonight because I know that you know it. You know about the judicial appointments, you know about the parental consent laws, you know about the denial of funding for low-income women, you know about the global gag rule.

Symbolic Counter-Speech, Howard M. Wasserman

Faculty Publications

No abstract provided.

Typosquatters, The Tactical Fight Being Waged By Corporations, And Congress' Attempt To Fight Back In The Criminal Arena, David A. Gusewelle

Vanderbilt Journal of Entertainment & Technology Law

Part II of this Note presents an overview of domain names as well as a general overview of cybersquatting and trademarks. Part III analyzes some of the measures Congress has taken against cybersquatting and the case law under those measures. Part IV gives a general overview of typosquatters, who constitute a subgroup of cybersquatters. Part V discusses the TDNA and issues that have been addressed through U.S. v. Zuccarini. Part VI asks whether the TDNA is an unconstitutional restriction on free speech. Part VII questions whether criminal liability is appropriate and argues for a higher culpability standard in § 2252(B)(b) …

Finding Religion For The First Amendment, 38 J. Marshall L. Rev. 469 (2004), Troy L. Booher

UIC Law Review

No abstract provided.

Rethinking Campaign-Finance Reform: The Pressing Need For Deregulation And Disclosure, 38 J. Marshall L. Rev. 633 (2004), Cecil C. Kuhne Iii

UIC Law Review

No abstract provided.

Advocacy In Whispers: The Impact Of The Unsaid Global Gag Rule Upon Free Speech And Free Association In The Context Of Abortion Law Reform In Three East African Countries, Patty Skuster

Michigan Journal of Gender & Law

In 2001, President George W. Bush restricted the participation in democratic processes for non-governmental organizations (NGOs) abroad by reinstating a policy restricting family planning funding granted by the United States Agency for International Development (USAID). The restriction sharply curtailed the ability to speak and to associate freely for organizations working to preserve women's health and lives. For this reason, I refer to the restriction as the Global Gag Rule (GGR). Organizations in Uganda, Ethiopia, and Kenya had begun to identify the problems associated with their countries' restrictive abortion laws. In these three countries, as elsewhere in the world, illegal abortions …

Religious Organizations And Mandatory Collective Bargaining Under Federal And State Labor Laws: Freedom From And Freedom For, Kathleen A. Brady

Villanova Law Review (1956 - )

No abstract provided.

Freethought Society V. Chester County And The Ten Commandments Debate: The Buck Stops Here For Establishment Clause Challenges To Religious Public Displays In The Third Circuit, Lauren A. Cates

Villanova Law Review (1956 - )

No abstract provided.

The Special Public Purpose Forum And Endorsement Relationships: New Extensions Of Government Speech, 31 Hastings Const. L.Q. 71 (2004), Mary Jean Dolan

UIC Law Open Access Faculty Scholarship

No abstract provided.

God, Jesus, Allah And Yahweh Should Be Government Employees: How Zelman V. Simmons-Harris Can Establish A Constitutional Framework For Government Funding Of Faith-Based Services, Craig A. Newell Jr.

Villanova Law Review (1956 - )

No abstract provided.

The 2003 Legislative Assault On Violent Video Games: Judicial Realities And Regulatory Rhetoric, Clay Calvert

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Institutions Of Learning Or Havens For Illegal Activities: How The Supreme Court Views Libraries, 25 N. Ill. U. L. Rev. 1 (2004), Raizel Liebler

UIC Law Open Access Faculty Scholarship

The role of libraries in American society is varied: libraries act as curators and repositories of American culture's recorded knowledge, as places to communicate with others, and as sources where one can gain information from books, magazines and other printed materials, as well as audio-video materials and the Internet. Courts in the United States have called libraries "the quintessential locus of the receipt of information, "'places that are "dedicated to quiet, to knowledge, and to beauty," and "a mighty resource in the free marketplace of ideas." These positive views of libraries are often in sharp contrast with views by some …

Hasta La Vista, Baby: Es Hora De Decir Adios A La Ley De Libelo Y Calumnia De 1902, 73 Rev. Jur. U.P.R. 59 (2004), Alberto Bernabe

UIC Law Open Access Faculty Scholarship

No abstract provided.

The Antipaternalism Principle In The First Amendment, Dale Carpenter

Faculty Journal Articles and Book Chapters

Commentators generally agree the First Amendment is hostile to paternalism. Yet, most analysts invoke the idea of free speech antipaternalism without examining its roots, explaining what it means, or discussing what it entails. There has been no attempt to identify and to explain the antipaternalism principle across a variety of free speech domains. This Article examines the nature and reach of this particular brand of First Amendment exceptionalism.

In Part I the author reviews First Amendment jurisprudence where the Supreme Court evinces, either explicitly or implicitly, some aversion to paternalism. This review covers several free speech frontiers, including commercial speech, …