Articles

A New First Amendment Model for Evaluating Content-Based Regulation of Internet Pornography: Revising the Strict Scrutiny Model To Better Reflect the Realities of the Modern Media Age

I. The Problem With Strict Scrutiny A. The Strict Scrutiny Approach B. The Failure Of Strict Scrutiny To Consider Actual Burdens On Speech C. Strict Scrutiny's Isolated-Media View D. In Today's Multimedia Environment, Strict Scrutiny Imposes All Of The Burdens Of Offensive Speech On Unwilling Consumers II. A New Approach For Judicial Evaluation Of Speech Regulations III. Conclusion

Appendix Making Family-friendly Internet a Reality: The Internet Community Ports Act

Appendix A I. Congressional Findings. The Congress Finds That: II. Prohibition On Harmful Communications. III. Enforcement IV. State Internet Offices. V. Definitions. For Purposes Of This Act, The Following Definitions Apply: VI. Miscellaneous

Free Trade in Ideas Is (or Ought To Be) Absolute for Adults

I. The Cost And Necessity Of Free Speech II. Obscenity Exception III. Children's Rights

Making Family-friendly Internet a Reality: The Internet Community Ports Act

I. Overview A. Introduction To The Legislative Objectives B. Overview Of Provisions II. Some Important Legislative Choices A. Drawing A Line 1. "Harmful To Minors" 2. "Contemporary Community Standard" 3. "Minors" B. Appropriate Graded Remedies C. Identifying Offenders 1. Proxy Sites 2. Hosted Sites And Service Providers 3. Service Provider Record Keeping D. Wireless Internet Access III. Conclusion

Obscenity and the World Wide Web

I. The Community Standards/Internet Problem II. Is Obscenity Law Even Viable On The Web? III. Do Publishers In New York City Have Greater First Amendment Rights Than Publishers In Maine? A. History Of The Community Standards Requirement B. Community Standards In Miller And More Recent Cases IV. Does The World Wide Web Call For A New Rule? A. Notice B. Forum Shopping C. Political Unfairness D. Chilling Effects V. Conclusion

Regulating Internet Pornography Aimed at Children: A Comparative Constitutional Perspective on Passing the Camel Through the Needle's Eye

I. Introduction II. The Supreme Court's Categories III. The Internet Free Speech Cases A. Reno v. ACLU B. Ashcroft v. ACLU II C. United States v. American Library Ass'n IV. The Other First Amendment A. R.A.V. v. City of St. Paul, Minnesota B. Indecent Adult Establishments C. Other Problems V. South African Free Speech Cases A. South Africa 1. Case 2. Islamic Unity 3. Khumalo 4. South African Broadcasting B. Applying The South African Approach C. Criticisms 1. Judicial Subjectivity 2. Th...

Technology and Pornography

I. Introduction II. The Foundational First Amendment Jurisprudence A. Defining Obscene Speech B. Defining Obscene-For-Minors Speech III. Congressional Efforts To Regulate Minors' Access To Sexually-Themed Content On The Internet A. The Communications Decency Act Of 1996 B. The Child Online Protection Act Of 1998-Round One C. The Children's Internet Protection Act Of 2000 D. The Child Online Protection Act-Rounds 2 And 3 E. Lessons Learned IV. The Internet Community Ports Act A. Interne...

www.Sam's_Stationery_and_Luncheonette.com: Bringing Ginsberg v. New York into the Internet Age

I. Introduction II. Attempts At Similar Regulation Of The Internet A. The Communications Decency Act B. The Child Online Protection Act C. The Children's Internet Protection Act III. Difference Among The Statutes A. Age B. Application To Parents C. Vagueness IV. The Real Difficulty: The Nature Of The Media Involved V. Potential Approaches To Regulation A. Protected Domains B. Mandated Filter Activating Signals C. The Community Ports Approach V. Conclusion

Zoning the Internet: A New Approach to Protecting Children Online

I. Introduction II. Learning From The Past: Examining Prior Legislative Schemes A. The Communications Decency Act Of 1996 B. The Child Online Protection Act Of 1998 C. Smaller Bites And Band-Aids: Legislation After COPA III. The Internet Community Ports Concept And Act A. Understanding The Internet B. Creating Community Ports C. Crafting Appropriate Legislation IV. The Internet Community Ports Concept And Constitutional Scrutiny A. Compelling Governmental Interests 1. Protecting Minors...

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Constrained by the Liberal Tradition: Why the Supreme Court Has Not Found Positive Rights in the American Constitution

I. Introduction II. Sunstein's Argument And The Cultural-Institutional Response A. Sunstein's Possibilities 1. The Chronological Explanation 2. The Institutional Explanation 3. The Cultural Explanation 4. The legal realist argument B. The Cultural-Institutional Thesis III. The Liberal Tradition And American Political Culture A. The American Liberal Tradition Thesis B. Criticisms Of Hartz's Liberal Tradition Thesis 1. The Challenge Of Non-Liberalism In American History 2. The Trivializa...