Category Archives: 89:5

A Due Process Right to Record the Police

Do citizens have a right to record the actions of law enforcement officers? This topic has been the subject of considerable discussion, and no small degree of litigation, in recent years. The increase in litigation is driven by dramatic improvements in camera technology, which allow individuals to record and share images in ways that wereContinue reading “A Due Process Right to Record the Police”

Corporate Social Responsibility After Disaster

In recent years, corporations have devoted substantial resources to disaster relief worldwide. For instance, Wal-Mart garnered favorable attention for its contributions in New Orleans and the Gulf Coast after Hurricane Katrina. According to company press releases, Wal-Mart recently gave hundreds of thousands of dollars for disaster relief in Brazil following a flood, and it hasContinue reading “Corporate Social Responsibility After Disaster”

“A Horrible Fascination”: Sex, Segregation, and the Lost Politics of Obscenity

Building on current interest in the regulation of child pornography, this Article goes back to the 1950s, recovering a lost history of how southern segregationists used the battle against obscenity to counter the Supreme Court’s ruling in Brown v. Board of Education. Focused on the psychological development of children, Brown sparked a discursive backlash inContinue reading ““A Horrible Fascination”: Sex, Segregation, and the Lost Politics of Obscenity”

Constitutionalized Negligence

The propriety of imposing tort liability for negligent speech has been the subject of controversy since before the First Amendment’s incorporation. The debate over whether and to what extent civil liability may be socially desirable for unreasonably dangerous speech has intensified in recent years as entertainment media have become more explicitly violent and widely available.Continue reading “Constitutionalized Negligence”