First Amendment Commons^™

Changes That Challenge The Soul, Herbert A. Terry

Federal Communications Law Journal

Symposium: The Transformation of Television News

Commentary On Adrian Cronauer's "The Fairness Doctrine", Robert P. Rhodes

Federal Communications Law Journal

Symposium: The Transformation of Television News

The First Amendment And The Protection Of Unfair Speech, Barbara Mcdowell

Federal Communications Law Journal

Symposium: The Transformation of Television News

Antitrust And First Amendment Implications Of Professional Real Estate Investors, Gary Myers

Faculty Publications

This article begins with a discussion of the development of Noerr-Pennington immunity as it applies to litigation behavior. Parts III and IV describe the litigation in Professional Real Estate Investors and then analyze the effect of this new decision on predatory litigation law. Part V discusses possible ramifications of the case for other areas of federal and state law in which subjective intent is the sole keystone for the imposition of liability on petitioning activity. Because Professional Real Estate Investors interprets the First Amendment to preclude antitrust liability in these cases, other laws that deter bad faith litigation may no …

The Fairness Doctrine: A Solution In Search Of A Problem, Adrian Cronauer

Federal Communications Law Journal

The "Fairness Doctrine" refers to a former policy of the Federal Communications Commission wherein a broadcast station which presented one viewpoint on a controversial public issue had to afford the opposing viewpoint an opportunity to be heard. The FCC ceased to enforce the doctrine in 1987, reasoning that the doctrine actually decreased the viewpoints heard by discouraging broadcasters from covering controversial issues out of fear of censure by the FCC. The Author explores the historical development of the Fairness Doctrine and examines the flaws with the different rationales upon which the doctrine is based. The Autho concludes that today's marketplace …

Fairness And The Public Trustee Concept: Time To Move On, Henry Geller

Federal Communications Law Journal

Symposium: The Transformation of Television News

Hate Speech In Context: The Case Of Verbal Threats, John T. Nockleby

Buffalo Law Review

No abstract provided.

The First Amendment's Challenge Function And The Confusion In The Supreme Court's Contemporary Free Exercise Jurisprudence, Marci A. Hamilton

Articles

No abstract provided.

Virtual Constitutions: The Creation Of Rules For Governing Private Networks, Michael I. Meyerson

All Faculty Scholarship

This article discusses the legal issues involving the owners of private computer networks. These issues include public/private network distinctions, First Amendment free speech issues, liability for computer network owners for improper speech posted on their networks, and anti-trust questions. The article analyzes the complexities that result from different forms of network ownership and the relationship of such networks to governmental entities.

Guns For Hire, Commercial Speech And Tort Liability: Making A Case For Preserving First Amendment Free Speech Rights, Stephen T. Raptis

West Virginia Law Review

No abstract provided.

Media Violence And The Obscenity Exception To The First Amendment, Kevin W. Saunders

William & Mary Bill of Rights Journal

No abstract provided.

Constitutional Law—Anti-Bias Crime Legislation And The First Amendment—Supreme Court Upholds Wisconsin's Penalty Enhancement Law. Wisconsin V. Mitchell, 133 S. Ct. 2194 (1993)., Tamara L. Hamilton

University of Arkansas at Little Rock Law Review

No abstract provided.

Constitutional Law—Free Exercise Clause—Sacrificial Rites Become Constitutional Rights On The Alter Of Babalu Aye, Allison J. Cornwell

University of Arkansas at Little Rock Law Review

No abstract provided.

Constitutional Law—Commercial Speech—Face-To-Face Solicitation By Certified Public Accountants (But Not Attorneys?) Is Protected Speech Under The First Amendment, L. Kyle Heffley

University of Arkansas at Little Rock Law Review

No abstract provided.

The Politics Of The Mass Media And The Free Speech Principle, Steven H. Shiffrin

Cornell Law Faculty Publications

Are Oliver Stone And Tom Clancy Journalists? Determining Who Has Standing To Claim The Journalist's Privilege, Kraig L. Baker

Washington Law Review

Most circuits recognize a qualified privilege that provides a partial First Amendment shield for journalists to protect the confidentiality of their sources and materials. Few courts, however, discuss the scope of the class protected by this privilege. This Comment examines who has traditionally been part of the protected class and explores the trends and concerns of courts in granting standing. This Comment also recommends a framework that courts can use to determine whether to extend the journalist's privilege to new formats of communication and applies this framework to two examples.

The Partial Republican, John O. Mcginnis

Articles

No abstract provided.

Fight Muhammad's 'Secret' With Facts, Kenneth Lasson

All Faculty Scholarship

No abstract provided.

A Critique Of An Illegal Conduct Limitation On The Reporters' Privilege Not To Testify, Leslie A. Warren

Federal Communications Law Journal

The First Amendment is commonly interpreted to allow reporters a qualified privilege not to testify. By compelling testimony only where the party requesting the information meets the elements of a three-part test, a court balances the interests of the requesting party with those of the reporter. The court in United States v. Sanusi applied this traditional test and found that the defendant met the elements. However, the court also added a new restriction on the privilege. This Note argues that the additional limitation, requiring that the court be confident that the privilege not be "justifying otherwise illegal conduct," is an …

R.A.V. V. City Of St. Paul: The Continuing Confusion Of The Fighting Words Doctrine, Melody L. Hurdle

Vanderbilt Law Review

Communication contributes to the marketplace of ideasI which is the only way to promote the discovery of truth in society. The importance of communication has led the United States Supreme Court to herald freedom of expression as "the matrix, the indispensable condition, of nearly every other form of freedom." Indeed, the Court protects few other constitutional rights with such fervor. First Amendment protection is not absolute, however, and the United States Supreme Court consistently has asserted that certain forms or classes of expression may be regulated without violating the Constitution. Generally speaking, the Court has carved exceptions to First Amendment …

The First Amendment And Homosexual Expression: The Need For An Expanded Interpretation, Brent H. Allen

Vanderbilt Law Review

"Homosexuality is today essentially a form of political, social, and moral dissent on par with the best American traditions of dissent and even subversive advocacy.... Those that support criminalization find today in homosexuality what they found before in the family planning of Sanger, the atheism of Darwin, the socialism of Debs, or the Marxist advocacy of the American Communist Party."

Ostensibly, the First Amendment guarantees all people freedom of expression of every belief. The free exchange of ideas forms the basis of a democratic government. Only citizens with unhindered access to the famed "marketplace of ideas" can participate meaningfully in …

When Government Speaks Religiously, E. Gregory Wallace

Florida State University Law Review

No abstract provided.

Public Funds And The Historical Preservation Of Churches: Preserving History Or Advancing Religion?, Dina A. Keever

Florida State University Law Review

No abstract provided.

Protecting The Animals: The Free Exercise Clause And The Prevention Of Ritual Sacrifice, Caroline E. Johnson

Florida State University Law Review

No abstract provided.

"Rejecting The Parasite And Motivating The Laggard". A Constitutional Analysis Of The District Of Columbia's Aggressive Panhandling Statute, Katherine S. Broderick

University of the District of Columbia Law Review

No abstract provided.

A Delicate Balance: Bill 10-77 And Protecting Access To Abortion Clinics And Anti-Abortion Protesters' Right To Demonstrate, Rudolph Schreiber

University of the District of Columbia Law Review

No abstract provided.

Religion, The First Amendment, And Public Education, Warren A. Nord

Brigham Young University Journal of Public Law

No abstract provided.

Abortion On The Air: Broadcasters And Indecent Political Advertising, Milagros Rivera-Sanchez, Paul H. Gates Jr.

Federal Communications Law Journal

Section 315(a) of the Communications Act--the anti-censorship provision--allows for the presentation of candidates' unvarnished positions on issues important to the voting public. In the 1990s, ads centered around abortion caused a collision between the interests of political candidates and broadcasters. The Article reviews broadcasters' attempts to use the indecency provisions of the Communications Act to channel controversial political advertisements. The Authors conclude that airing potentially indecent political ads is unlikely to result in sanctions for broadcasters.

The Children's Hour Revisited: The Children's Television Act Of 1990, Diane Aden Hayes

Federal Communications Law Journal

The Children's Television Act of 1990 was created to reduce advertising during children's programming and increase the number of educational programs for children. But by 1993 media watchers found that violations were frequent, and that what was purported to be educational television was often little more than cartoons. This Note argues that the apparent failure of the Act stems primarily from its vague standards. To correct these problems, more explicit regulations are necessary. Because new regulations can only go so far before they invade broadcasters' First Amendment rights, broadcasters and the FCC will have to compromise to create a workable …

A Response To Professor Choper: Laying Down Another Ladder, Sheri Lynn Johnson

Cornell Law Faculty Publications

No abstract provided.