Communication Law and Policy最新文献_第7页

Editor’s Note 编者按

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Communication Law and Policy Pub Date : 2020-07-02 DOI: 10.1080/10811680.2020.1765580

Joseph Russomanno, Kermit Hall, Lee Levine

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引用次数: 0

Balkin, Jack M. The Future of Free Expression in a Digital Age, 36 Pepp. L. Rev. 707 (2009) 《数字时代自由表达的未来》，第36页。L.修订版707（2009）

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Communication Law and Policy Pub Date : 2020-07-02 DOI: 10.1080/10811680.2020.1765652

Jonathan R. Peters

引用次数: 1

Ely, John Hart. Flag Desecration: A Case Study in the Roles of Categorization and Balancing in First Amendment Analysis, 88 Harv. L. Rev. 1482 (1975) 伊利，约翰·哈特。《美国宪法第一修正案分析中分类与平衡的作用》，1988年。L.修订1482 (1975)

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Communication Law and Policy Pub Date : 2020-07-02 DOI: 10.1080/10811680.2020.1766895

Genelle I. Belmas

引用次数: 0

Kalven Jr., Harry. The New York Times Case: A Note on “The Central Meaning of the First Amendment,” 1964 Sup. Ct. Rev. 191 小卡文，哈利。《纽约时报》案:关于“第一修正案的核心意义”的注释，1964年Sup。Ct。191年启

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Communication Law and Policy Pub Date : 2020-07-02 DOI: 10.1080/10811680.2020.1767410

Joseph Russomanno

引用次数: 0

Dworkin, Ronald. Hard Cases, 88 Harv. L. Rev. 1057 (1975) 德沃金，罗纳德。硬壳，88 Harv。L.修订版1057（1975）

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Communication Law and Policy Pub Date : 2020-07-02 DOI: 10.1080/10811680.2020.1766894

T. Brennan

{"title":"Dworkin, Ronald. Hard Cases, 88 Harv. L. Rev. 1057 (1975)","authors":"T. Brennan","doi":"10.1080/10811680.2020.1766894","DOIUrl":"https://doi.org/10.1080/10811680.2020.1766894","url":null,"abstract":"When considering cases involving the First Amendment, the Communications Commission Acts of 1934 or 1996, and Federal Communications Commission orders, one should begin by considering three overarching related questions: When interpreting cases, what do judges do, and what should they do?With respect to the First Amendment, how do or should judges determine the meaning of “speech,” “press,” “assemble,” or petition “for a redress of grievances”? What makes something a “law,” andwhenwould this something “abridge” these “freedoms”? To perhaps oversimplify, the philosophy of law has offered two main approaches to answering these questions. One, legal positivism, is that the law is a collection of factual statements about legality, much as chemistry is a collection of factual statements about atomic interactions. This includes identification of a process by which judges (and the public) recognize which statements about conduct are laws. One prominent such process is positive originalism — the import of “positive” to be explained — in which instructions about the content of the law can be found in what those who enacted the law believed to be what it specifically delineated. The other answer, at the extreme opposite, is legal realism. In this view, the law is what judges say it is. To invoke a familiar metaphor from baseball, legal positivism is the umpire saying, “I call ‘em as they is,” and legal realism is “I call ‘em as I see ‘em.” A modern variant on legal realism is critical legal studies, which places courts as part of the overarching set of power relations in society or, as the baseball metaphor concludes, with the umpire saying, “They ain’t nothin’ ‘til I call ‘em.” Volumes have been written on these two philosophies. Legal positivism strips law of its normative force, that breaking the law is not just imprudent but wrong. Using dated applications to delineate the law seems inadequate as societies become more complex. Legal realism","PeriodicalId":42622,"journal":{"name":"Communication Law and Policy","volume":"25 1","pages":"378 - 381"},"PeriodicalIF":0.3,"publicationDate":"2020-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10811680.2020.1766894","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43983354","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

The State of Research on Communication and First Amendment Law in Traditional Law Journals: An Evaluative and Instructional Take 传统法学期刊传播与第一修正案研究现状:一个评价与指导的视角

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Communication Law and Policy Pub Date : 2020-07-02 DOI: 10.1080/10811680.2020.1765596

C. Calvert

引用次数: 0

Emerson, Thomas I. Toward a General Theory of the First Amendment, 72 Yale L. J. 877 (1963) 爱默生，《走向第一修正案的通论》，72耶鲁大学学报877（1963）

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Communication Law and Policy Pub Date : 2020-07-02 DOI: 10.1080/10811680.2020.1766897

Karen M. Markin

引用次数: 0

Lessig, Lawrence. The Law of the Horse: What Cyberlaw Might Teach, 113 Harv. L. Rev. 501 (1999) Lawrence Lessig。《马的法则:网络法可能教给我们什么》，113 Harv。L.第501版(1999)

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Communication Law and Policy Pub Date : 2020-07-02 DOI: 10.1080/10811680.2020.1767414

V. Ekstrand

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引用次数: 0

Bezanson, Randall P. The Right to Privacy Revisited: Privacy, News, and Social Change, 1890-1990, 80 Cal. L. Rev. 1133 (1992) 《重新审视隐私权：隐私、新闻和社会变革》，1890-1990，80 Cal.L.Rev.1133（1992）

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Communication Law and Policy Pub Date : 2020-07-02 DOI: 10.1080/10811680.2020.1766320

Erin K. Coyle

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引用次数: 0

Lidsky, Larissa. Prying, Spying, and Lying: Intrusive Newsgathering and What the Law Should Do About It, 73 Tul. L. Rev. 173 (1998) 利德斯基，拉里萨。《撬、间谍和撒谎：侵入性新闻收集和法律应如何处理》，73 Tul。L.修订版173（1998）

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Communication Law and Policy Pub Date : 2020-07-02 DOI: 10.1080/10811680.2020.1767422

Roy S. Gutterman

引用次数: 0