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1.

This essay examines the issue of “hate speech,” racial, sexual, and ethnic‐based expressions of hate, on the college campus. Many commentators have called for colleges and universities to create polices to prohibit such expression. Others have noted that First Amendment rights protect such expression. This essay discusses both positions, and offers a third perspective designed to protect expression without dismissing the damage caused by hate speech.  相似文献   

2.

Cable regulation should be based on the unique characteristics of cable, the rights of speakers to be as free as possible from government regulation, and a First Amendment theory that recognizes the public's right to a diverse marketplace of ideas. As a consequence, it is recommended that cable be defined as a limited public forum to include both the utility poles/conduits and the attached coaxial cable. This approach suggests that de facto monopoly franchise agreements and franchise fees are unconstitutional, but that limited access channel requirements such as one or two public access channels would be constitutional.  相似文献   

3.
The pursuit of media diversity as a policy goal finds its foundation in First Amendment values which assume that the public welfare requires broad dissemination of information from diverse and antagonistic sources. Using 5 waves of panel data collected during the 2008 presidential campaign in the U.S., this article empirically examines the assumption that seeking diverse and antagonistic viewpoints reflects good citizenship. The results suggest that heavy consumption of liberal and conservative viewpoints together leads to higher levels of political knowledge, but suppresses political participation. The role of news media use in democratic citizenship might depend on quantity as well as on diversity.  相似文献   

4.
Summary

This article asks whether the law governing public access to judicial opinions mandates citation reform. An overview of the citation reform issue is provided followed by a discussion of various legal theories that may support the need for citation reform. The author includes considerations of the First Amendment, Substantive and Procedural Due Process, Equal Protection, The Freedom of Information Act and Copyright Law as well as state statutory provisions and the general common law.  相似文献   

5.
The rapid growth of computer technologies to supplement and eventually supplant print as the dominany medium for the provision of government reference information has profound implications for the role of government and the private sector in the creation, enhancement, and dissemination of these products and services. The reluctance of the federal government to provide full and free access to information in electronic formats precludes society's attainment of the concept of equity that is a touchstone of democracy. A way most certain to insure public access would acknowledge a First Amendment penumbra embodying the right to be informed, but this would require a Supreme Court ruling pursuant to a justiciable controversy. Based upon current official policies, the future holds little promise of an equitable diffusion of government information in non-print formats through the depository library system or related statutory mandates.  相似文献   

6.
《The Reference Librarian》2013,54(67-68):29-40
Summary

Academic libraries now provide reference service for the remote user in at least two ways: by the telephone and by electronic mail. The remote user at a computer workstation, however, may not have access to a telephone and may be poorly served by the asynchronous nature of electronic mail. New technologies and collaborative software for serving remote users in real-time such as Internet chat, paging and instant messaging, whiteboard, application sharing, and audio and video conferencing offer new possibilities for remote access to reference services. In this article we review these technologies and report the results of a trial project at Temple University. The results are promising for real-time reference services.  相似文献   

7.
Does strict adherence to the principles of the First Amendment and opposition to any forms of censorship inflict “harm” on women and American society? In this article, the author surveys the published literature, U.S. Supreme Court decisions, and substantive issues raised by “tabsolutist” defenders of the First Amendment as well as by feminists opposed to pornography. He argues that the “Mill-Paul hypothesis” should be adopted by society to confront the censorship morass that has deeply divided American society. Namely, if an image or a printed work causes harm to anyone, it should be prosecuted under existing legal codes.  相似文献   

8.
Libel suits filed against media organizations have become an increasingly serious problem in recent years. The potential for inhibiting news coverage or even putting a news organization out of business has never been greater. This article explores the evolution of libel laws, emphasizing the consequences of their development for the First Amendment. It defines libel, examines the First Amendment theories that shaped contemporary libel standards, and explains why state-by-state development of libel laws prompted the Supreme Court to begin a twenty-year effort to develop national standards. Richard Labunski is an assistant professor in the School of Communications at the University of Washington. He is the author ofLibel and the First Amendment, from which this article has been reprinted. Copyright 1987 by Transaction Publishers. Reprinted by permission of the publisher.  相似文献   

9.
The Internet has been described by many critics as providing a friendly home for racist web-sites, whose number has been steadily growing. Many of these sites display vicious anti-Semitic, anti-black, and anti-gay propaganda. However much they disgust most people, in the US they are protected by the First Amendment. Canada, by contrast, has hate discrimination provisions in its Criminal Code. Canadians seem to be much more willing than Americans to abridge freedom of expression when the speech is hateful. Various European countries take a stronger stand than Canada in their determination to combat racism. In this talk, I will explore the Canadian position in the context of the case of Oliver, BC. It was the location of an Internet Service Provider (ISP), Fairview Technology Centre, accused of hosting a number of hate sites. Attempts to deal with this accusation constitute the central part of the paper.  相似文献   

10.
The Internet has been described by many critics as providing a friendly home for racist web-sites, whose number has been steadily growing. Many of these sites display vicious anti-Semitic, anti-black, and anti-gay propaganda. However much they disgust most people, in the US they are protected by the First Amendment. Canada, by contrast, has hate discrimination provisions in its Criminal Code. Canadians seem to be much more willing than Americans to abridge freedom of expression when the speech is hateful. Various European countries take a stronger stand than Canada in their determination to combat racism. In this talk, I will explore the Canadian position in the context of the case of Oliver, BC. It was the location of an Internet Service Provider (ISP), Fairview Technology Centre, accused of hosting a number of hate sites. Attempts to deal with this accusation constitute the central part of the paper.  相似文献   

11.
Realistic elements in video game design can inspire an appropriation claim, trademark dispute, or similar lawsuits, even when the underlying immaterial property from the real world was licensed. Video games can be First Amendment-protected expression, however, as in other media, there’s tension between the speech rights of creators and the personal rights of subjects. Furthermore, there’s disagreement from one jurisdiction to another regarding how much mimicry loses protection and how many dissimilarities are transformative enough to be lawful. Analysis of case law reveals a balancing act between protecting video games as expressive works and protecting individuals’ right of publicity.  相似文献   

12.
ABSTRACT

Press credentialing practices are a vital, yet understudied site of scholarly research on journalistic norms and practices. Press credentialing not only structures internal professional hierarchies, but they also signify the boundaries of the journalistic field itself. This paper explores the legal and theoretical implications of press credentialing to cover the United States Congress, drawing on the concepts of boundary work and journalistic authority to demonstrate the material impact of the space between fields on professional legitimation in journalism. Using WorldNetDaily (WND) as a case study, I argue that the Standing Committee of Correspondents (SCC) occupies a hybrid boundary zone between the journalistic and political fields, generating a unique tension in First Amendment jurisprudence that places journalists in a paradoxical role as both the professional embodiments of free speech and its constitutional steward. The resulting jurisdictional conflict between the SCC and WND extends the relational model of journalistic authority by articulating how journalist-state relations can fundamentally augment the process of legitimation at its fuzzy boundaries. The relevance and implications for press credentialing practices in the digital age are discussed.  相似文献   

13.
The authors argue that program exclusivity will be an important factor in the future of the cable television industry. They assert that prohibiting cable program exclusivity may limit the First Amendment rights of cable programmers and operators. The authors conclude that the best chance for increasing competition if program exclusivity continues is to increase the number of market participants.  相似文献   

14.
Ewin Lamar Davis is frequently cited as an influential lawmaker known for promoting antimonopolistic practices during the development of radio broadcasting through the 1920s. He believed monopolistic practices threatened fair business practices, program diversity, localism, and noncommercial radio. His work helped shape early radio legislation, including the Davis Amendment, which attempted to equalize the distribution of radio stations throughout the US. However, little research has been done to clearly articulate his role in the development of radio legislation. This paper uses Congressional records to trace Davis' involvement in legislation leading to the Radio Act of 1927 and the subsequent Davis Amendment.  相似文献   

15.
美国国家档案馆为纪念宪法《第十九条修正案》100周年,发起一项为期18个月的全国性倡议,带动各州庆祝妇女选举权。本文分析指出美国妇女选举权档案开发利用的内容特色——主题集中、关注个体和突出人物;方式特色——多媒介、数字化和关联式开发并行,最后总结出对我国的启示——档案开发利用宜主题集中、方式多样、把握时机的持续性。  相似文献   

16.
Telephone directories often cover many geographic entities. Small geographic entities commonly are included in directories of larger entities, thereby limiting access to the location of the smaller unit. Finding telephone directories for some geographic areas can be very difficult at times. Cataloging all telephone directories in a library's collection is one way to help the patron and reference librarian. This article discusses how to catalog telephone directories in order to provide maximum access to this information.  相似文献   

17.
计算机用户对视频信息的大量应用是以对模拟视频信息进行数字化处理和不断生产新的数字化视频信息为前提条件的。这一现象同时预示着视频信息不但能通过恰当的权限管理得到合理的存储与传播,而且能够做成索引进而实现高效的信息检索。文章阐述了元数据的产生以及与视频文档建立关联、向终端用户揭示视频信息的内容等一系列问题。  相似文献   

18.
Tension between regulation of communication media and First Amendment values is explored by identifying conditions in which vertical integration by media monopolists into content provision will lead to changes in content. The author argues that although a profit maximizing monopolist is likely to raise prices, no predictable bias in content provision emerges, whether or not the monopolist is vertically integrated. More severe consequences attend integration by individuals or firms with non‐profit related motives or who expand into content markets to evade profit regulation.  相似文献   

19.
从图书馆权利中图书馆选择和收藏资料的自由、读者阅读和接受信息的自由出发,对《哈利·波特》系列图书在学校图书馆限制借阅的案例进行了评析,重点呈现了案件所体现出的将图书馆权利上升到宪法高度加以保护、通过司法判例确立具有法律效力的可操作性原则、对相关判例的直接援引以及法院之友等美国司法制度的显著特征,并对案例的社会影响作了简要概括。  相似文献   

20.
介绍《国际编目原则声明》根据编目工作实践和理念发生的重大变化,以检索点的功能作为选择与确定书目系统查找途径的出发点。指出必备检索点以实体的主要属性或关系为基础,对实现目录的查找功能具有关键的作用;它与主要款目的观念有联系,可是已远远超出主要款目标目的范围,尽管中文编目规则遵循交替标目的原则,但是就实现目录的查找功能而言,仍有必要区分必备检索点及附加检索点。  相似文献   

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