Criminal anti-profit statutes and the First Amendment
Article Abstract:
New York's Son of Sam law was found unconstitutional on First Amendment grounds by the US Supreme Court in Simon & Schuster, Inc v New York Crime Victims Board. The statute allowed the state to seize assets received by a criminal for commercial portrayal of his crime and to use those assets for compensation of victims. The court applied strict scrutiny because of the law's restriction on freedom of expression under the First Amendment and found that the law was overinclusive. The strict scrutiny standard will probably lead to the demise of all state and federal criminal anti-profit statutes.
Publication Name: Harvard Journal of Law & Public Policy
Subject: Political science
ISSN: 0193-4872
Year: 1992
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The First Amendment and cable television
Article Abstract:
The Supreme Court's 1994 Turner Broadcasting decision failed to break any new ground by invoking the O'Brien test after determining the Cable Act's must-carry clause was content-neutral on First Amendment issues. Must-carry rules require cable operators to carry local signals to protect local broadcast interests and free access. However, the statute appears to protect the speech of a favored class by referring to its content, despite the Court's content-neutral finding. The decision weakens the First Amendment by allowing evasion of strict scrutiny rules in similar cases.
Publication Name: Harvard Journal of Law & Public Policy
Subject: Political science
ISSN: 0193-4872
Year: 1995
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Unfree speech
Article Abstract:
The Supreme Court needs to help clear the air over the seemingly conflicting laws surrounding hate speech, sexual harassment and free speech, hopefully recognizing that free speech has been unconstitutionally limited. It is as if the courts have said that free speech is protected, but not necessarily in some cases. The problem with this approach is that it will be applied in a discriminatory fashion and limit the speech of some but not all. The Donald Silva case and academic freedom are discussed.
Publication Name: Harvard Journal of Law & Public Policy
Subject: Political science
ISSN: 0193-4872
Year: 1995
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