Obscenity law and the Equal Protection Clause: may states exempt schools, libraries, and museums from obscenity statutes?
Article Abstract:
State obscenity statutes that exempt certain institutions, such as public libraries, museums and schools, from laws restricting the display of obscene materials appear to fail constitutional scrutiny, but the will to exempt some display of these materials should call into question the obscenity laws themselves. Commercial distributors have claimed that such exemptions violate the Equal Protection Clause because different groups are granted different rights. The Supreme Court's decision in R.A.V. v. City of St. Paul appears to indicate that exempting some displayers and distributors constitutes an impermissible preference for certain viewpoints.
Publication Name: New York University Law Review
Subject: Law
ISSN: 0028-7881
Year: 1995
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The neglected First Amendment jurisprudence of the second Justice Harlan
Article Abstract:
The younger Justice John M. Harlan was the first member of the Warren Court to tie freedom of association to the First Amendment. This article discusses the Justice's decision in NAACP v. Alabama ex rel. Patterson as well as obscenity cases in which Justice Harlan defended free speech rights.
Publication Name: New York University Annual Survey of American Law
Subject: Law
ISSN: 0066-4413
Year: 2001
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Ending the reign of slot machine justice
Article Abstract:
The current method of randomly assigning judges to appellate court cases makes for too much unpredictability in decisions. A better system would result in the parties having input into the selection of judges to hear their cases.
Publication Name: New York University Annual Survey of American Law
Subject: Law
ISSN: 0066-4413
Year: 2000
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