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Articles 6301 - 6330 of 7933
Full-Text Articles in First Amendment
Vagueness And Indecency, Jonathan Weinberg
Vagueness And Indecency, Jonathan Weinberg
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Prior Restraints On The Media And The Right To A Fair Trial: A Proposal For A New Standard, 84 Ky. L.J. 259 (1996), Alberto Bernabe
Prior Restraints On The Media And The Right To A Fair Trial: A Proposal For A New Standard, 84 Ky. L.J. 259 (1996), Alberto Bernabe
UIC Law Open Access Faculty Scholarship
No abstract provided.
Competition Policy In America 1888-1992: History, Rhetoric, Law, Rudolph J.R. Peritz
Competition Policy In America 1888-1992: History, Rhetoric, Law, Rudolph J.R. Peritz
Books
Americans have long appealed to images of free competition in calling for free enterprise, freedom of contract, free labor, free trade, and free speech. This imagery has retained its appeal in myriad aspects of public policy--for example, Senator Sherman's Anti-Trust Act of 1890, Justice Holmes's metaphorical marketplace of ideas, and President Reagan's rhetoric of deregulation.
In Competition Policy in America, 1888-1992, Rudolph Peritz explores the durability of free competition imagery by tracing its influences on public policy. Looking at congressional debates and hearings, administrative agency activities, court opinions, arguments of counsel, and economic, legal, and political scholarship, he finds …
On Conduits And Voices, Thomas Morawetz
On Conduits And Voices, Thomas Morawetz
Faculty Articles and Papers
No abstract provided.
Proving Miracles And The First Amendment, Robert Birmingham
Proving Miracles And The First Amendment, Robert Birmingham
Faculty Articles and Papers
No abstract provided.
Application Of U.S. Supreme Court Doctrine To Anonymity In The Networld, George H. Carr
Application Of U.S. Supreme Court Doctrine To Anonymity In The Networld, George H. Carr
Cleveland State Law Review
There are still many issues to be resolved about the Internet's unique status as a media technology and its legal status under current law. Debate over the propriety, necessity, and legality of anonymous speech has been protracted and pervasive. Indeed, this debate has extended to all corners of the Internet. The main source material for this Note is the recent case of McIntyre v. Ohio Elections Comm'n, in which the Supreme Court confirmed its continuing commitment to preservation of the right to free speech, and interpreted the First Amendment to protect much anonymous speech. This Note will quantify how the …
Untying The State Action Knot, Craig M. Bradley
Untying The State Action Knot, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.
Commercial Exploitation Or Protected Use? Stern V. Delphi Internet Services Corporation And The Erosion Of The Right Of Publicity, Aaron J. Reber, Karin Mika
Commercial Exploitation Or Protected Use? Stern V. Delphi Internet Services Corporation And The Erosion Of The Right Of Publicity, Aaron J. Reber, Karin Mika
Touro Law Review
No abstract provided.
Term Limits On Original Intent--An Essay On Legal Debate And Historical Understanding, Polly J. Price
Term Limits On Original Intent--An Essay On Legal Debate And Historical Understanding, Polly J. Price
Faculty Articles
This Essay is divided into five Parts. Part I sets the stage for the historical debate by evaluating the text of the Qualifications Clauses as well as the limited evidence of what the Framers and the ratifiers thought about these provisions. Part II shows that many states, immediately after the federal Constitution was ratified, behaved as though the Qualifications Clauses did not prevent them from adding qualifications for congressional office-holding. Part III compares this early evidence of state behavior with a debate in Congress after the Civil War concerning the meaning of the Qualifications Clauses. Part IV returns to the …
Worlds Apart: Reconciling Freedom Of Speech And Equality, John A. Powell
Worlds Apart: Reconciling Freedom Of Speech And Equality, John A. Powell
Kentucky Law Journal
No abstract provided.
Cass Sunstein's "New Deal" For Free Speech: Is It An "Un-American" Theory Of Speech?, Richard J. Vangelisti
Cass Sunstein's "New Deal" For Free Speech: Is It An "Un-American" Theory Of Speech?, Richard J. Vangelisti
Kentucky Law Journal
No abstract provided.
John Milton's Areopagitica And The Modern First Amendment, Vincent A. Blasi
John Milton's Areopagitica And The Modern First Amendment, Vincent A. Blasi
Faculty Scholarship
The traditional liberal argument for free speech is now under fire from several directions. Critics from the left, the center, and the right find simplistic the claim that unregulated expression promotes the search for truth, the protection of self-government, the autonomy of individuals, and the control of concentrated power. Even if free speech does serve these values to a considerable degree, there are costs associated with liberty, costs the critics say are not sufficiently recognized in the standard liberal accounts.
As a general matter, but especially regarding the freedom of speech, liberalism is seen as too doctrinaire, too optimistic about …
Remembering Melville Nimmer: Some Cautionary Notes On Commercial Speech, William W. Van Alstyne
Remembering Melville Nimmer: Some Cautionary Notes On Commercial Speech, William W. Van Alstyne
Faculty Scholarship
This examination concerns itself with two main questions: what qualifies as commercial speech and how much protection does commercial speech enjoy under the First Amendment when compared to other forms of speech. The trend of the Court indicates that commercial speech enjoys protections similar to political speech.
Review Of Winifred Fallers Sullivan, Paying The Words Extra: Religious Discourse In The Supreme Court Of The United States (1994), Leslie C. Griffin
Review Of Winifred Fallers Sullivan, Paying The Words Extra: Religious Discourse In The Supreme Court Of The United States (1994), Leslie C. Griffin
Scholarly Works
No abstract provided.
Afterword: New "Truths" And The Old First Amendment, David Skover, Ronald Collins
Afterword: New "Truths" And The Old First Amendment, David Skover, Ronald Collins
Faculty Articles
Written as an afterword to a Symposium on The Death of Discourse, this piece replies to commentaries on the relationship between "Noble Lies" and the First Amendment authored by Professors Shadia Drury (political science), Robert Hariman (rhetoric & communication studies), David Nyberg (philosophy), Loyal Rue (religion & philosophy), and Richard Stivers (sociology).
Federal Broadband Law, John Thorne, Michael K. Kellog, Peter W. Huber, Jeffrey A. Wolfson
Federal Broadband Law, John Thorne, Michael K. Kellog, Peter W. Huber, Jeffrey A. Wolfson
Richmond Journal of Law & Technology
The authors of this book have brought together a vast and varied array of experience. Mr. Thorne is the Vice President & Associate General Counsel for Bell Atlantic; Mr. Huber is a Senior Fellow at the Manhattan Institute for Policy Research; and Mr. Kellogg is a Partner at Kellogg, Huber, Hansen & Todd. A reader will find the occasional use of technical jargon, such as "domsats" (domestic satellites), "coax" (coaxial cable), and "syndex" rules (syndicated exclusivity rules to protect syndicated, non-network programming) to be somewhat confusing. "Telcos" and "cablecos" are telephone and cable companies, respectively. Overall, however, technical jargon is …
Joining A Cult: Religious Choice Or Psychological Aberration, Dena S. Davis
Joining A Cult: Religious Choice Or Psychological Aberration, Dena S. Davis
Journal of Law and Health
In this article, I will analyze the different theories about "cult" membership and conversion, specifically focusing upon whether or not conversions to cults ought to be respected by the law in the same way that the law respects conversion to be respected by the law in the same way that the law respects conversion to and membership in, mainstream religions. In section II, I attempt (unsuccessfully) to define a "cult". In section III, I discuss the civil liberties issues surrounding "cults" and the public furor they have engendered. In section IV, I discuss the different and competing theories about why …
The Big Chill: Third-Party Documents And The Reporter's Privilege, Bradley S. Miller
The Big Chill: Third-Party Documents And The Reporter's Privilege, Bradley S. Miller
University of Michigan Journal of Law Reform
In the wake of Philip Morris' multi-billion dollar libel suit against ABC, a Virginia court has sanctioned a new method of discovery that promises to have an unsettling impact on the reporter's privilege to protect confidential sources. In Philip Morris Cos. v. American Broadcasting Cos., the tobacco giant moved to compel disclosure of the identity of a former R.J. Reynolds manager who suggested on ABC's Day One news program that tobacco companies add nicotine to the cigarettes they manufacture. At the same time, Philip Morris issued subpoenas for the expense records of two ABC employees who wrote and produced …
A Right To Read Anonymously: A Closer Look At "Copyright Management" In Cyberspace, Julie E. Cohen
A Right To Read Anonymously: A Closer Look At "Copyright Management" In Cyberspace, Julie E. Cohen
Georgetown Law Faculty Publications and Other Works
It has become commonplace to say that we have entered the age of information. The words conjure up images of a reader’s paradise—an era of limitless access to information resources and unlimited interpersonal communication. In truth, however, the new information age is turning out to be as much an age of information about readers as an age of information for readers. The same technologies that have made vast amounts of information accessible in digital form are enabling information providers to amass an unprecedented wealth of data about who their customers are and what they like to read. In the new …
A Championship Season For The First Amendment, Joel Gora
A Championship Season For The First Amendment, Joel Gora
Touro Law Review
No abstract provided.