scholarly journals Congress Shall Make No Law: The First Amendment, Unprotected Expression, and the U.S. Supreme Court

AmeriQuests ◽  
2011 ◽  
Vol 8 (1) ◽  
Author(s):  
Charles Percy DeWitt
Keyword(s):  
United States ◽  
Supreme Court ◽  
First Amendment ◽  
Free Speech ◽  
The United States ◽  
Research Associate ◽  
Daunting Task ◽  
The Supreme Court ◽  
History Of ◽  
The University

David M. O’Brien’s Congress Shall Make No Law: The First Amendment, Unprotected Expression, and the Supreme Court serves as a significant contribution to the field of First Amendment Law by offering an overview of crucial issues and, moreover, by emphasizing the outlook for the future of free speech. O’Brien’s credentials position him favorably for the task; he was a judicial fellow and research associate with the Supreme Court, he has written numerous articles and books on the Supreme Court, and he is currently the Leone Reaves and George W. Spicer Professor of Law at the University of Virginia. Considering the daunting task of compiling a succinct account and analysis of the history of free speech in the United States, Professor O’Brien does well to allow readers to better understand the complexities of free speech policy in the United States.

How Ontology Saved Free Speech in Cyberspace

1998 ◽  
pp. 64-69
Author(s):  
Julie Van Camp
Keyword(s):  
United States ◽  
Supreme Court ◽  
First Amendment ◽  
Free Speech ◽  
United States Supreme Court ◽  
The United States ◽  
Physical World ◽  
The Internet ◽  
United States Supreme ◽  
The Supreme Court

Reno v. ACLU, the 1997 landmark decision by the United States Supreme Court providing sweeping protection to speech on the Internet, is usually discussed in terms of familiar First Amendment issues. Little noticed in the decision is the significance of the ontological assumptions of the justices in their first visit to cyberspace. I analyze the apparent awareness of the Supreme Court of ontological issues and problems with their approaches. I also argue that their current ontological assumptions have left open the door to future suppression of free speech as the technology progresses. Ontology is significant because zoning in the physical world has long been recognized as a way to segregate "adult" entertainment from minors. So far, at least, the justices seem to agree that such zoning is not possible in cyberspace, and therefore that adult zones for certain forms of expression are not possible. But this conclusion is far from settled. The degree of free speech on the Internet in the future will depend on whether or not our ontological understanding of cyberspace supports such zoning or renders it incoherent or impossible.

Overview

2016 ◽  
Author(s):  
Shira Tarrant
Keyword(s):  
United States ◽  
Supreme Court ◽  
First Amendment ◽  
The United States ◽  
French Film ◽  
The Supreme Court ◽  
Definition Of

What Is the Definition of Pornography? In 1964, the Supreme Court of the United States faced a controversy over whether Louis Malle’s French film The Lovers violated the First Amendment prohibition against obscene speech. In determining what exactly distinguishes pornography from obscenity,...

Overview

2016 ◽  
Author(s):  
Shira Tarrant
Keyword(s):  
United States ◽  
Supreme Court ◽  
First Amendment ◽  
The United States ◽  
French Film ◽  
The Supreme Court ◽  
Definition Of

What Is the Definition of Pornography? In 1964, the Supreme Court of the United States faced a controversy over whether Louis Malle’s French film The Lovers violated the First Amendment prohibition against obscene speech. In determining what exactly distinguishes pornography from obscenity,...

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