First Amendment Commons^™

For Entertainment Purposes Or Ad Majorem Dei Gloriam: Televangelism In The Marketplace Of Ideas, Juan G. Villasenor

Vanderbilt Journal of Entertainment & Technology Law

This Note discusses the proposed legal responses to the problem of fraud by televangelists. Finding the solutions constitutionally deficient, politically unsound, or practically ineffective as deterrents, it then explores the possibility of a content-based restriction on televangelists' speech. The Note concludes that such a deliberate restriction on speech cannot withstand First Amendment scrutiny, regardless of the dishonesty or disingenuousness one may find in televangelists' tactics. Accordingly, despite the great potential for deception, televangelists' activities are, and should be, absolutely protected by the First Amendment. Any proposed remedy to deal with televangelism must occur in the marketplace of ideas, which is …

The Ideology Of Judging And The First Amendment In Judicial Election Campaigns, W. Bradley Wendel

Cornell Law Faculty Publications

No abstract provided.

Public Funding For Religious Schools: Difficulties And Dangers In A Pluralistic Society, Laura S. Underkuffler

Cornell Law Faculty Publications

No abstract provided.

Hate In Cyberspace: Regulating Hate Speech On The Internet, Alexander Tsesis

Faculty Publications & Other Works

No abstract provided.

Licensed To Speak: The Case Of Vanity Plates, Marybeth Herald

University of Colorado Law Review

No abstract provided.

Their Own Preposessions: The Establishment Clause 1999-2000, Leslie C. Griffin

Scholarly Works

No abstract provided.

Separating Church And State: Roger Williams And Religious Liberty, Kurt T. Lash

Law Faculty Publications

Roger Williams was a religious bigot. He never met a church pure enough for his brand of Puritanism, and he never found a congregation worthy enough to have him as its pastor. After alienating every potential ally and provoking every critic, Williams was forced to flee to the wilds of Narragansett Bay in present-day Rhode Island. There, he preached to his remaining congregation- his family- and supported laws prohibiting men from wearing long hair.

In Timothy Hall's illuminating book, the reader is confronted with a flesh and blood Roger Williams who is rather different from the modern myth. Although Williams …

The Calm After The Storm: First Amendment Cases In The Supreme Court's 2000-2001 Term, Joel Gora

Faculty Scholarship

No abstract provided.

Misperception And Misapplication Of The First Amendment In The American Pluralistic System: Mergers Between Catholic And Non-Catholic Healthcare Systems, Jason M. Kellhofer

Journal of Law and Health

This note questions the wisdom of those who content that Catholic health providers, to constitutionally qualify for government assistance or be permitted to merge with public entities, must be stripped of that which makes them most effective - their religious identity. The threat to sectarian healthcare has steadily been on the rise as can be seen in actions such as the American Public Health Association's recent approval of a policy statement recommending more government oversight to preclude the dropping of reproductive services when Catholic and Non-Catholic hospitals merge. Section II explores why these mergers occur and why certain services are …

Constitutional Law: United States V. Viefhaus And The Demise Of The Libertarian Philosophy In Free Speech Jurisprudence, Stephanie D. Wade

Oklahoma Law Review

No abstract provided.

Constitutional Law: Establishment Clause V. Free Expression: Adler V. Duval County School Board, Ron Shinn

Oklahoma Law Review

No abstract provided.

Jury Trials And First Amendment Values In "Cyber World", John E. Nowak

University of Richmond Law Review

In the past half-century, I suspect, enough trees to constitute a small forest have been turned into paper simply for discussion of free speech and fair trial issues. I doubt that there is little new to say about how legislatures or courts should be dealing with the subject at the moment. The Supreme Court has been able to work out a series of positions that are at least "good enough for govermnent work" concerning subjects such as attorney speech regulations, closure of trials, courthouse picketing, and protective orders related to the discovery process.

Framing And Blaming In The Culture Wars: Marketing Murder Or Selling Speech?, Clay Calvert

Vanderbilt Journal of Entertainment & Technology Law

This Article uses the Pahler legal battle as a case study to examine the current culture wars that have placed the Hollywood recording and entertainment industries in the legal crosshairs of both legislative and judicial efforts to redefine popular teen culture. The first section demonstrates how the theories at issue in Pahler mirror the tactics used in the recent war against tobacco industry advertising that also allegedly targeted minors. Next, the Article situates Pahler within the context of Congressional hearings in the fall of 2000 that focused attention on the alleged Hollywood marketing of products featuring violent content to minors. …

Art: To Fund Or Not To Fund? That Is Still The Question, Sarah F. Warren

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Reconsidering The Federal Journalist's Privilege For Non-Confidential Information: Gonzales V. Nbc, Anthony L. Fargo

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Disfavored Speech About Favored Rights: Hill V. Colorado, The Vanishing Public Forum And The Need For An Objective Speech Discrimination Test, Jamin B. Raskin, Clark L. Leblanc

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Free Speech And The Limits Of Legislative Discretion: The Example Of Specialty License Plates, Leslie Gielow Jacobs

McGeorge School of Law Scholarly Articles

No abstract provided.

Alan Isaacman And The First Amendment: A Candid Interview With Larry Flynt's Attorney, Clay Calvert, Robert D. Richards

Cardozo Arts & Entertainment Law Journal

No abstract provided.

No Law ... Abridging, Joel Gora

Faculty Scholarship

No abstract provided.

Has The Computer Revolution Placed Our Children In Danger? A Closer Look At The Child Pornography Prevention Act Of 1996, Alison R. Gladowsky

Cardozo Journal of Equal Rights & Social Justice

The note examines the constitutionality of the Child Pornography Prevention Act of 1996 (CPPA), focusing on its expansion of child pornography definitions to include virtual images. It argues that the CPPA is a necessary measure to protect children from exploitation, despite First Amendment challenges, and advocates for its constitutionality based on compelling government interests.

Indian Religious Freedom: To Litigate Or Legislate?, Louis Fisher

American Indian Law Review

No abstract provided.

Irreconcilable Congressional Treatment Of Internet Service Providers As Speakers, Raymond Shih Ray Ku

Vanderbilt Journal of Entertainment & Technology Law

This Article argues that under the CDA and OCILLA, Congress adopted facially inconsistent approaches towards ISP liability for expression. Nonetheless, despite the overt differences, it is possible to discern an underlying principle for determining when ISPs should be considered speakers that reconciles this inconsistency. Put simply, the CDA and OCILLA support an approach toward determining when ISPs are speakers that focuses on whether an ISP exercises editorial control over its network. This approach is evidenced by the fact that both statutes recognize that ISPs are able to exercise editorial control over any and all content on their networks, and both …

The Public Sensibilities Forum, Leslie Gielow Jacobs

McGeorge School of Law Scholarly Articles

No abstract provided.

Common Schools And The Common Good: Reflections On The School-Choice Debate, Richard W. Garnett

Journal Articles

Thank you very much for this timely and important discussion on school choice, religious faith, and the public good.

First things first—Steven Green is right: The Cleveland school-voucher case is headed for the Supreme Court. And I am afraid that Mr. Green is also correct when he observes that the question whether the First Amendment permits States to experiment with meaningful choice-based education reform will likely turn on Justice O'Connor's fine-tuned aesthetic reactions to the minutiae of Ohio's school-choice experiment.

Putting aside for now the particulars of the Cleveland case, though, I would like to propose for your consideration a …

Voluntary Campaign Finance Reform, John Copeland Nagle

Journal Articles

Any effort to achieve voluntary campaign finance reform raises two questions: Is it really voluntary, and does it really work? In Part I of this Essay, I examine the voluntariness of "voluntary" campaign finance reform. Agreements like that reached by Clinton and Lazio last year—what I term "purely voluntary agreements"—satisfy most legal tests for voluntariness. By contrast, the voluntariness of spending limits and other campaign restrictions that are imposed as a condition for receiving government funding of a political campaign—what I term "governmentally induced agreements"—is more doubtful. The extant jurisprudence recognizes that Buckley prohibits governmental actions that are more coercive …

First Amendment Protects Crude Protest Of Police Action, Martin A. Schwartz

Scholarly Works

No abstract provided.

Communications Media And The First Amendment: A Viewpoint-Neutral Fcc Is Not Too Much To Ask For, Helgi Walker

Federal Communications Law Journal

In the "new economy" driven by the telecommunications industry, the FCC is a busy agency. Given the myriad legal issues faced daily by agency decisionmakers and the lack of perfect clarity in major communications legislation, a few legal missteps here and there by the FCC might be expected. In one area, however, the public can and should demand a first-rate agency record: regulation of communications media without regard to the viewpoint expressed via that media, as the First Amendment requires. This Article offers two case studies in which the FCC arguably took viewpoint-discriminatory actions with regard to regulated broadcasters, and …

Brief Amici Curiae Of Christian Legal Society And Union Of Orthodox Jewish Congregations Of America In Support Of Petitioners, Richard W. Garnett, Nathan J. Diament, Carl H. Esbeck

Court Briefs

No. 99-2036
The Good News Club v. Milford Central School

On Writ Of Certiorari To The United States Court Of Appeals For The Second Circuit

From the Summary of the Argument

The parties agree that Milford's Community Use Policy creates a limited public forum. See, e.g., Pet. A13 ("We think it clear that the Community Use Policy has created a limited public forum in the Milford school facilities."). And the parties agree that any content restrictions in such fora must be "viewpoint neutral" and constitutionally "reasonable." Pet. A14 & n.8 ("If the Club's use is not a 'religious use' but …

Proactive Legislation And The First Amendment, Stuart Minor Benjamin

Michigan Law Review

It is a commonplace that the world is changing rapidly, with whole sectors of the economy being transformed. New forms of communication, like the World Wide Web, e-mail, and satellite television, have risen from obscurity to ubiquity in less than a decade. The speed of these changes has led some to express concern about the ability of governments to respond. The fear is that governments cannot keep up with developments as they occur and thus get hopelessly behind. The solution, according to some, is for the government to act proactively - before a harm has arisen, so that the government …

If You Can't Say Something Nice, Don't Say Anything At All: Hill V. Colorado And The Antiabortion Protest Controversy, Christy E. Wilhelm

Campbell Law Review

No abstract provided.