High court upholds forfeiture of books
Article Abstract:
The US Supreme Court ruled in Alexander v. United States there was no First Amendment violation in a federal government seizure and destruction of a pornographic bookstore, video and theater chain's inventory after a number of items in stock were found to meet the legal definition of obscenity. The First Amendment was not violated since the chain was also found to be a racketeering operation and RICO also covers expressive activity. The government followed all RICO procedures for seizing assets. The prior restraint argument was also turned down.
Publication Name: News Media & the Law
Subject: Literature/writing
ISSN: 0149-0737
Year: 1993
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Court upholds new 'must-carry' rules
Article Abstract:
A federal district court ruled in Turner Broadcasting System v. FCC that the commission's 'must-carry' rules did not infringe cable companies' First Amendment rights. The court found the rules regulate a commodity rather than speech and help preserve fair competition in the video business. The rules are not impacted by the First Amendment since they do not address the content of programs. They implement the Cable Television Consumer Protection and Competition Act.
Publication Name: News Media & the Law
Subject: Literature/writing
ISSN: 0149-0737
Year: 1993
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: Court allows use of unpublished work. Court protects raw footage used in news stories. Parody of magazine photograph ruled a 'fair use.'
- Abstracts: Listener cannot force FCC to take action. Court upholds FCC enforcement procedure. FCC claims sole authority over ad disputes
- Abstracts: Appeals court upholds liability for 'gun for hire' ad. Court strikes down ban on CPA solicitation. Appeals court strikes Florida law limiting use of term 'psychologist.'
- Abstracts: Florida retreats from ruling on records. Clemency records not subject to disclosure. Georgia Supreme Court opens student records
- Abstracts: Release of psychiatrists' names would invade privacy. Court denies release of course materials