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Articles 5101 - 5130 of 7929

Full-Text Articles in First Amendment

Tool Of The Trademark: Brand Criticism And Free Speech Problems With The Trademark Dilution Revision Act Of 2006, Jesse A. Hofrichter Feb 2007

Tool Of The Trademark: Brand Criticism And Free Speech Problems With The Trademark Dilution Revision Act Of 2006, Jesse A. Hofrichter

Cardozo Law Review

No abstract provided.


An Expressive Jurisprudence Of The Establishment Clause, Ivan E. Bodensteiner, Alex Geisinger Jan 2007

An Expressive Jurisprudence Of The Establishment Clause, Ivan E. Bodensteiner, Alex Geisinger

Law Faculty Publications

No abstract provided.


The Fcc Complaint Process And Increasing Public Unease: Toward An Apolitical Broadcast Indecency Regime, Kurt Hunt Jan 2007

The Fcc Complaint Process And Increasing Public Unease: Toward An Apolitical Broadcast Indecency Regime, Kurt Hunt

Michigan Telecommunications & Technology Law Review

[...]I propose depoliticizing the broadcast indecency regime by utilizing polling to determine the average broadcast viewer's opinion, divorced from all the pressures inherent in relying on the complaint process as a proxy. In section II, I will discuss the background and development of the broadcast indecency doctrine from the days of the Federal Radio Commission in the 1920s through the present day. I will also explain why the apparent increasing public unease is misleading, and why valid First Amendment concerns are steamrolled by the fiery nature of the debate. In section III, I will explain why the FCC's reliance on …


Hemlock In The Marketplace: How Freedom Of The Press For College Newspapers Poisons The First Amendment, 40 J. Marshall L. Rev. 1365 (2007), Michael Hopkins Jan 2007

Hemlock In The Marketplace: How Freedom Of The Press For College Newspapers Poisons The First Amendment, 40 J. Marshall L. Rev. 1365 (2007), Michael Hopkins

UIC Law Review

No abstract provided.


The First Amendment And State Regulation Of In-Person Solicitation Of Public Accounting Services, Damaris Rosich-Schwartz Jan 2007

The First Amendment And State Regulation Of In-Person Solicitation Of Public Accounting Services, Damaris Rosich-Schwartz

St. Thomas Law Review

This article will discuss the history of the commercial speech doctrine as part of the First Amendment, its past and present protection, and the current test applied to state regulation of commercial speech, concentrating on state regulation of in-person solicitations of professionals, like attorneys and CPAs. This article will further discuss the reasons why an attorney's in-person solicitations can and should be regulated by the states, and why the same reasons apply to CPAs. Additionally, this article will discuss the United States Supreme Court's 1993 decision, Edenfield v. Fane, where the Court held that states cannot regulate in-person solicitations of …


Legalized Gaming And Political Contributions: When The Diceman Cometh, Will Corruption Goeth?, 40 J. Marshall L. Rev. 1089 (2007), Bonny Bumiller Jan 2007

Legalized Gaming And Political Contributions: When The Diceman Cometh, Will Corruption Goeth?, 40 J. Marshall L. Rev. 1089 (2007), Bonny Bumiller

UIC Law Review

No abstract provided.


Government Advertising Space: Lessons For The 'Choose Life' Specialty License Plate Controversy, Dara Purvis Jan 2007

Government Advertising Space: Lessons For The 'Choose Life' Specialty License Plate Controversy, Dara Purvis

Faculty Scholarship

As license plates emblazoned with the message “Choose Life” have proliferated in twenty-four states, so too have lawsuits challenging such specialty license plates. The holdings of such cases have run the gamut, resulting in a three-way circuit split among the Fourth, Fifth, and Sixth Circuits. Analysis of the controversy up to this point has not considered an illuminating analogy: advertising space owned and operated by the government. Examining the parallels between advertising space and specialty license plates informs doctrinal analysis of the dispute, demonstrating that state legislatures may not use the current practice of individually establishing specialty license plates through …


In Search Of Regulatory Equilibrium, Lili Levi Jan 2007

In Search Of Regulatory Equilibrium, Lili Levi

Articles

No abstract provided.


Subsidiary And Religious Establishments In The United States Constitution, Kyle Duncan Jan 2007

Subsidiary And Religious Establishments In The United States Constitution, Kyle Duncan

Villanova Law Review (1956 - )

No abstract provided.


Virtual Worlds - Real Courts, Kevin W. Saunders Jan 2007

Virtual Worlds - Real Courts, Kevin W. Saunders

Villanova Law Review (1956 - )

No abstract provided.


Church, State, And The Practice Of Love, Richard W. Garnett Jan 2007

Church, State, And The Practice Of Love, Richard W. Garnett

Villanova Law Review (1956 - )

No abstract provided.


Authorship, Audiences, And Anonymous Speech, Thomas F. Cotter, Lyrissa Lidsky Jan 2007

Authorship, Audiences, And Anonymous Speech, Thomas F. Cotter, Lyrissa Lidsky

Faculty Publications

A series of United States Supreme Court decisions establishes that the First Amendment provides a qualified right to speak and publish anonymously, or under a pseudonym. But the Court has never clearly defined the scope of this right. As a result, lower courts have been left with little guidance when it comes to dealing both with the Internet-fueled growth of torts and crimes committed by anonymous speakers, and with the increasing number of lawsuits aimed at silencing legitimate anonymous speech. In this Article, we provide both positive and normative foundations for a comprehensive approach to anonymous speech. We first draw …


Privatizing Public Forums To Eliminate Dissent, Kevin F. O'Neill Jan 2007

Privatizing Public Forums To Eliminate Dissent, Kevin F. O'Neill

Law Faculty Articles and Essays

As the 2008 presidential campaign gets underway, the candidates may be tempted to suppress dissent at public forum rallies by using a tactic that Ronald Reagan pioneered and George W. Bush perfected. Under this tactic, the candidate's advance team “privatizes” a public square or public park by securing a municipal permit for the rally date that authorizes the expulsion of any citizen who manifests support for a rival candidate. At a 2004 Bush re-election rally, citizens who held signs opposing the President or opposing the war in Iraq were systematically expelled from a public park by Secret Service agents, who …


Mashed Up Videos And Broken Down Copyright: Changing Copyright To Promote The First Amendment Values Of Transformative Video, Andrew S. Long Jan 2007

Mashed Up Videos And Broken Down Copyright: Changing Copyright To Promote The First Amendment Values Of Transformative Video, Andrew S. Long

Oklahoma Law Review

No abstract provided.


Market Failure In The Marketplace Of Ideas: Commercial Speech And The Problem That Won't Go Away, Tamara Piety Jan 2007

Market Failure In The Marketplace Of Ideas: Commercial Speech And The Problem That Won't Go Away, Tamara Piety

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


Excuse Me, Sir; You're Sitting In A No Cell Phone Pornography Section, You'll Have To Put That Away: May The Fcc Regulate The Content Of Wireless Broadband Transmissions, H. William Beseth Iii Jan 2007

Excuse Me, Sir; You're Sitting In A No Cell Phone Pornography Section, You'll Have To Put That Away: May The Fcc Regulate The Content Of Wireless Broadband Transmissions, H. William Beseth Iii

Cleveland State Law Review

This Note will argue that the scope of the FCC's authority to regulate traditional broadcast content does not extend to the content transmitted to wireless devices via broadband transmission. Part II of this Note provides a study of the key cases that characterize the scope of the FCC's statutory authority to regulate traditional broadcast content. Additionally, Part II presents a discussion of the First Amendment and the limits it imposes on the FCC's regulation of broadcast content. Part III evaluates whether content transmitted by new technologies fits into the regulatory scope of the FCC's authority according to the tests set …


First Amendment Freedom Of Speech And Expression: Ninth Circuit Holds That California Penal Code Section 148.6 Violates The First Amendment In Chaker V. Crogan, Harvey Gee Jan 2007

First Amendment Freedom Of Speech And Expression: Ninth Circuit Holds That California Penal Code Section 148.6 Violates The First Amendment In Chaker V. Crogan, Harvey Gee

Cardozo Public Law, Policy & Ethics Journal

The Ninth Circuit Court ruled that California Penal Code section 148.6, which criminalized knowingly filing false allegations of misconduct against peace officers, violated the First Amendment. The court determined that the law impermissibly targeted criticism of police officers, constituting a content-based restriction on speech, and thus was unconstitutional.


Institutional Academic Freedom Or Autonomy Grounded Upon The First Amendment: A Jurisprudential Mirage, Richard H. Hiers Jan 2007

Institutional Academic Freedom Or Autonomy Grounded Upon The First Amendment: A Jurisprudential Mirage, Richard H. Hiers

UF Law Faculty Publications

In recent decades, several federal judges and Supreme Court Justices have stated that, at some time or another in the past, the Court determined that public universities or their professional schools are entitled to institutional academic freedom (or institutional autonomy) under the First Amendment. Notwithstanding the views of many learned commentators, the Court has never so held. Concurring opinions and dicta do not constitute Constitutional law. This article traces the series of misattributions, misreadings and other errors that have contributed to the present peculiar state of confusion in regard to these matters.


Introducing A Takedown For Trade Secrets On The Internet, Elizabeth A. Rowe Jan 2007

Introducing A Takedown For Trade Secrets On The Internet, Elizabeth A. Rowe

UF Law Faculty Publications

This Article explores, for the first time, an existing void in trade-secret law. When a trade-secret owner discovers that its trade secrets have been posted on the Internet, there is currently no legislative mechanism by which the owner can request that the information be taken down. The only remedy to effectuate removal of the material is to obtain a court order, usually either a temporary restraining order or a preliminary injunction. When a trade secret appears on the Internet, the owner often loses the ability to continue to claim it as a trade secret and to prevent others from using …


The Media And National Security, Robert A. Sedler Jan 2007

The Media And National Security, Robert A. Sedler

Law Faculty Research Publications

In our discussion of the media and national security, we begin with the First Amendment, not only with its legal doctrines and principles, but also with the values of the First Amendment and its function in a free and democratic society. We will first discuss how the First Amendment protects the media with respect to its disclosure of information purportedly affecting national security. We will then discuss the process by which the media voluntarily refuses to publish information on the ground that the disclosure of the information will seriously harm the national security. We will finally discuss the relationship between …


The Constitution, The Courts And The Common Law, Robert A. Sedler Jan 2007

The Constitution, The Courts And The Common Law, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.


Silencing The Blogosphere: A First Amendment Caution To Legislators Considering Using Blogs To Communicate Directly With Constituents, D. Wes Sullenger Jan 2007

Silencing The Blogosphere: A First Amendment Caution To Legislators Considering Using Blogs To Communicate Directly With Constituents, D. Wes Sullenger

Richmond Journal of Law & Technology

Alexis de Tocqueville wrote that “every new invention, every new want which it occasioned, and every new desire which craved satisfaction were steps toward a general leveling [of society].” The changes wrought by the growth of Internet use reaffirm the truth of the statement. The Internet has created new opportunities for communication and expanded the reach of speakers more than any medium yet conceived.


Deus Ex Machina And The Unfulfilled Promise Of New York Times V. Sullivan: Applying The Times For All Seasons, Joseph H. King Jr. Jan 2007

Deus Ex Machina And The Unfulfilled Promise Of New York Times V. Sullivan: Applying The Times For All Seasons, Joseph H. King Jr.

Kentucky Law Journal

No abstract provided.


Cyber-Libeling The Glitterati: Protecting The First Amendment For Internet Speech, Abbey L. Mansfield Jan 2007

Cyber-Libeling The Glitterati: Protecting The First Amendment For Internet Speech, Abbey L. Mansfield

Vanderbilt Journal of Entertainment & Technology Law

Celebrity gossip is disseminated on the Internet not only by profitable publications and Internet tabloids with professional writers and sophisticated legal teams, but also by countless numbers of "blogs" posted by ordinary individuals, often with nothing more than a dial-up connection. Americans posting speech on the Internet must be aware of the implications of the Gutnick decision and recognize that they could be dragged into court and held liable for defamation abroad. This note explores theoretical changes to the law that should be adopted to protect the First Amendment as it applies to Internet speech. Additionally, this note discusses various …


Religion And Group Rights: Are Churches (Just) Like The Boy Scouts?, Richard W. Garnett Jan 2007

Religion And Group Rights: Are Churches (Just) Like The Boy Scouts?, Richard W. Garnett

Journal Articles

What role do religious communities, groups, and associations play - and, what role should they play - in our thinking and conversations about religious freedom and church-state relations? These and related questions - that is, questions about the rights and responsibilities of religious institutions - are timely, difficult, and important. And yet, they are often neglected.

It is not new to observe that American judicial decisions and public conversations about religious freedom tend to focus on matters of individuals' rights, beliefs, consciences, and practices. The special place, role, and freedoms of groups, associations, and institutions are often overlooked. However, if …


The Freedom Of The Church, Richard W. Garnett Jan 2007

The Freedom Of The Church, Richard W. Garnett

Journal Articles

This Article focuses on what the American theologian and Jesuit John Courtney Murray called a Great Idea, whose entrance into history marked the beginning of a new civilizational era. That idea was libertas ecclesiae, or the freedom of the Church. It served, according to Harold Berman, as the catalyst for the first major turning point in European history and as the foundation for nearly a millennium of political theory. And, this Article suggests, it remains a crucial component of any plausible and attractive account of religious freedom under and through constitutionally limited government. It is tempting to assume or expect …


The Kerr Principle, State Action, And Legal Rights, Donald J. Herzog Jan 2007

The Kerr Principle, State Action, And Legal Rights, Donald J. Herzog

Articles

A Baltimore library refused to admit Louise Kerr to a training program because she was black. Not that it had anything against blacks, but its patrons did. When Kerr launched a civil suit against the library alleging a violation of equal protection of the laws, the courts credited the library's claim that it had no racist purpose, but Kerr still prevailed-even though the case occurred before Title VII and Brown v. Board of Education. Here a neutral and generally applicable rule ("serve the patrons"), when coupled with particular facts about private parties (the white patrons dislike blacks), yielded an …


First Amendment Cases In The Supreme Court 2005 Term, Joel Gora Jan 2007

First Amendment Cases In The Supreme Court 2005 Term, Joel Gora

Faculty Scholarship

No abstract provided.


Uncivil Religion: Judeo-Christianity And The Ten Commandments, Frederick Mark Gedicks, Roger Hendrix Jan 2007

Uncivil Religion: Judeo-Christianity And The Ten Commandments, Frederick Mark Gedicks, Roger Hendrix

Faculty Scholarship

In the recent Decalogue Cases, Justice Scalia argued that when it comes to public acknowledgment of religious belief, it is entirely clear from our Nation's historical practices that the Establishment Clause permits th[e] disregard of polytheists and believers in unconcerned deities, just as it permits the disregard of devout atheists. Justice Scalia's argument represents the latest attempt to insulate American civil religion from Establishment Clause attack. A civil religion is a set of nondenominational values, symbols, rituals, and assumptions which create both reverence of national history and formation of a communal national bond.

The most recent incarnation of American civil …


Take Your Seats: A Student's Ability To Protest Immigration Reform At Odds With State Truancy And Compulsory Education Laws, Jason Scronic Jan 2007

Take Your Seats: A Student's Ability To Protest Immigration Reform At Odds With State Truancy And Compulsory Education Laws, Jason Scronic

Florida A & M University Law Review

No abstract provided.