F.C.C. V. Pacifica Foundation
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467 O'NEIL 2/28/2013 3:54 PM HATE SPEECH, FIGHTING WORDS, AND BEYOND—WHY AMERICAN LAW IS UNIQUE Robert M. O‘Neil* During the waning days of the turbulent presidential campaign of 2012, the issue of free speech was bound to emerge. President Barack Obama chose this moment to declare to the United Nations General Assembly his abiding commitment to the uniquely American value of unfettered expression.1 In a diverse society, he reaffirmed, ―efforts to restrict speech can become a tool to silence critics, or oppress minorities.‖2 The catalyst for this declaration was the appearance of ―a crude and disgusting video‖3 caricaturing the Prophet Muhammad which had triggered violent protests in more than twenty nations, mainly in the Middle East.4 President Obama made clear both his disdain for the video and his unswerving faith in the singularly American insistence on free expression.5 Curiously (or some would say paradoxically) the Obama Administration only weeks earlier had actively supported passage of a resolution in the United Nations Human Rights Council to create an international standard restricting some anti-religious speech; the Egyptian ambassador to the United Nations had lauded this measure by recognizing that ―‗freedom of expression has been sometimes misused‘ to insult religion.‖6 Secretary of State Hilary Clinton had added her view that speech or protest resulting in the destruction of religious sites was not, she noted, ―fair game.‖7 In a recent and expansive analysis of these contrasting events, * University of Virginia and Association of Governing Boards, Albany Law Review Symposium, September, 2012. -
Free Speech Or Hate Speech? a Conversation Regarding State V
Free Speech or Hate Speech? A Conversation Regarding State v. Liebenguth November 16, 2020 4:00 p.m. – 6:00 p.m. CT Bar Association Webinar CT Bar Institute, Inc. CT: 2.0 CLE Credits (1.0 General / 1.0 Ethics) NY:2.0 CLE Credits (1.0 AOP / 1.0 Ethics) No representation or warranty is made as to the accuracy of these materials. Readers should check primary sources where appropriate and use the traditional legal research techniques to make sure that the information has not been affected or changed by recent developments. Page 1 of 163 Table of Contents Lawyers’ Principles of Professionalism...................................................................................................................3 Agenda ....................................................................................................................................................................6 Faculty Biographies ................................................................................................................................................7 Hate Crime Laws ..................................................................................................................................................10 State v. Liebenguth ................................................................................................................................................26 State v. Liebenguth 181 Conn.App. 37 ..................................................................................................................49 State v. Baccala .....................................................................................................................................................67 -
Attachment C United States District Court District of Montana, Missoula Division Affidavit in Support of Application for Search Warrant
Case 9:15-mj-00007-JCL Document 1-4 Filed 02/03/15 Page 1 of 38 ATTACHMENT C UNITED STATES DISTRICT COURT DISTRICT OF MONTANA, MISSOULA DIVISION AFFIDAVIT IN SUPPORT OF APPLICATION FOR SEARCH WARRANT Your affiant, Richard McManaway, a Special Agent with the Homeland Security Investigation (HSI), Kalispell, Montana Resident Agency in Charge, being duly sworn, depose and state as follows, to wit: Your affiant is submitting this Affidavit under Rule 41 of the Federal Rules of Criminal Procedure in support of an Application for a Search Warrant authorizing a search of the residential property at 1035 2nd Avenue West, Kalispell, Montana, and any person located at that property, more particularly described in Attachment A. The purpose of this application is to seize evidence, more particularly described in Attachment B, of violations of 18 U.S.c. § 2252A(a)(l), which makes it a crime to transport or ship in interstate or foreign commerce, by computer, child pornography, ·18 U.S.c. § 2252A(a)(5), which makes it a crime to view and possess child pornography, and violations of 18 U.S.C. § 2252A(a)(2), which makes it a crime to receive and distribute child pornography. 1 Case 9:15-mj-00007-JCL Document 1-4 Filed 02/03/15 Page 2 of 38 The statements contained in this Affidavit are based on your affiant's experience and background as a Special Agent and on information provided by other law enforcement officers. Your affiant have been employed as a Special Agent with Homeland Security Investigations (HSl) since April of 2003, where I was assigned to the Resident Agent in Charge office in Savannah, Georgia until December of 2010, and am currently assigned to the resident Agent in Charge in Kalispell, Montana. -
Pirate and Hacking Speak Because Your Communicating with the World, Tell Them What You Think
Pirate and Hacking Speak Because your communicating with the world, tell them what you think.... ----------------------------------------------------------------------- Afrikaans Poes / Doos - Pussy Fok jou - Fuck you Jy pis my af - You're pissing me off Hoer - Whore Slet - Slut Kak - Shit Poephol - Asshole Dom Doos - Dump Pussy Gaan fok jouself - Go fuck yourself ------------------------------------------------------------------------ Arabic Koos - cunt. nikomak - fuck your mother sharmuta - whore zarba - shit kis - vagina zib - penis Elif air ab tizak! - a thousand "dicks" in your ass! kisich - pussy Elif air ab dinich - A thousand dicks in your religion Mos zibby! - Suck my dick! Waj ab zibik! - An infection to your dick! kelbeh - bitch (lit a female dog) Muti - jackass Kanith - Fucker Kwanii - Faggot Bouse Tizi - Kiss my ass Armenian Aboosh - Stupid Dmbo, Khmbo - Idiot Myruht kooneh - Fuck your mother Peranuht shoonuh kukneh - The dog should shit in your mouth Esh - Donkey Buhlo (BUL-lo) - Dick Kuk oudelic shoon - Shit eating dog Juge / jugik - penis Vorig / vor - ass Eem juges bacheek doer - Kiss my penis Eem voriga bacheek doer - Kiss my ass Toon vor es - You are an ass Toon esh es - You are a jackass Metz Dzi-zik - Big Breasts Metz Jugik - Big penis ------------------------------------------------------------------------ Bengali baing chood - sister fucker chood - fuck/fucker choodmarani - mother fucker haramjada - bastard dhon - dick gud - pussy khanki/maggi - whore laewra aga - dickhead tor bapre choodi - fuck your dad ------------------------------------------------------------------------ -
Jazz and Radio in the United States: Mediation, Genre, and Patronage
Jazz and Radio in the United States: Mediation, Genre, and Patronage Aaron Joseph Johnson Submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy in the Graduate School of Arts and Sciences COLUMBIA UNIVERSITY 2014 © 2014 Aaron Joseph Johnson All rights reserved ABSTRACT Jazz and Radio in the United States: Mediation, Genre, and Patronage Aaron Joseph Johnson This dissertation is a study of jazz on American radio. The dissertation's meta-subjects are mediation, classification, and patronage in the presentation of music via distribution channels capable of reaching widespread audiences. The dissertation also addresses questions of race in the representation of jazz on radio. A central claim of the dissertation is that a given direction in jazz radio programming reflects the ideological, aesthetic, and political imperatives of a given broadcasting entity. I further argue that this ideological deployment of jazz can appear as conservative or progressive programming philosophies, and that these tendencies reflect discursive struggles over the identity of jazz. The first chapter, "Jazz on Noncommercial Radio," describes in some detail the current (circa 2013) taxonomy of American jazz radio. The remaining chapters are case studies of different aspects of jazz radio in the United States. Chapter 2, "Jazz is on the Left End of the Dial," presents considerable detail to the way the music is positioned on specific noncommercial stations. Chapter 3, "Duke Ellington and Radio," uses Ellington's multifaceted radio career (1925-1953) as radio bandleader, radio celebrity, and celebrity DJ to examine the medium's shifting relationship with jazz and black American creative ambition. -
The Impact of Pacifica Foundation on Two Traditions of Freedom of Expression
Cleveland State Law Review Volume 27 Issue 4 Article 3 1978 The Impact of Pacifica oundationF on Two Traditions of Freedom of Expression Stephen W. Gard Cleveland- Marshall College of Law Jeffrey Endress Follow this and additional works at: https://engagedscholarship.csuohio.edu/clevstlrev Part of the Constitutional Law Commons, and the First Amendment Commons How does access to this work benefit ou?y Let us know! Recommended Citation Stephen W. Gard and Jeffrey Endress, The Impact of Pacifica oundationF on Two Traditions of Freedom of Expression, 27 Clev. St. L. Rev. 465 (1978) available at https://engagedscholarship.csuohio.edu/clevstlrev/vol27/iss4/3 This Article is brought to you for free and open access by the Journals at EngagedScholarship@CSU. It has been accepted for inclusion in Cleveland State Law Review by an authorized editor of EngagedScholarship@CSU. For more information, please contact [email protected]. ARTICLES THE IMPACT OF Pacifica FoundationON TWO TRADITIONS OF FREEDOM OF EXPRESSION STEPHEN W. GARD* AND JEFFREY ENDREssf I. INTRODUCTION T HERE EXIST IN THIS NATION TWO TRADITIONS of freedom of expression: "that of the written and spoken word and that of the broadcast word."' The contrast between these two traditions is extraordinary. The first has its 2 roots in the historic rejection of administrative licensing of the written word and the popular repudiation of the Alien and Sedition Act of 1798.3 This tradition regards prior restraints as virtually verboten4 and all governmental regulation of the content of expression as inherently suspect.5 In short, here freedom of speech is the rule and governmental regulation is an exception to be jealously confined within narrow, judicially defined, limits. -
Fighting Words in the Era of Texts, Ims and E-Mails: Can a Disparaged Doctrine Be Resuscitated to Punish Cyber-Bullies?
DePaul Journal of Art, Technology & Intellectual Property Law Volume 21 Issue 1 Fall 2010 Article 2 Fighting Words in the Era of Texts, IMs and E-Mails: Can a Disparaged Doctrine Be Resuscitated to Punish Cyber-Bullies? Clay Calvert Follow this and additional works at: https://via.library.depaul.edu/jatip Recommended Citation Clay Calvert, Fighting Words in the Era of Texts, IMs and E-Mails: Can a Disparaged Doctrine Be Resuscitated to Punish Cyber-Bullies?, 21 DePaul J. Art, Tech. & Intell. Prop. L. 1 (2010) Available at: https://via.library.depaul.edu/jatip/vol21/iss1/2 This Lead Article is brought to you for free and open access by the College of Law at Via Sapientiae. It has been accepted for inclusion in DePaul Journal of Art, Technology & Intellectual Property Law by an authorized editor of Via Sapientiae. For more information, please contact [email protected]. Calvert: Fighting Words in the Era of Texts, IMs and E-Mails: Can a Dispar FIGHTING WORDS IN THE ERA OF TEXTS, IMS AND E-MAILS: CAN A DISPARAGED DOCTRINE BE RESUSCITATED TO PUNISH CYBER-BULLIES? Clay Calvert' One of the few traditional categories of expression falling outside the ambit of First Amendment2 protection - one of the so- called "categorical carve-outs"' - is the much-maligned 4 class of 1. Professor & Brechner Eminent Scholar in Mass Communication and Director of the Marion B. Brechner First Amendment Project at the University of Florida, Gainesville, Fla. B.A., 1987, Communication, Stanford University; J.D. (Order of the Coif), 1991, McGeorge School of Law, University of the Pacific; Ph.D., 1996, Communication, Stanford University. -
MORSE V. FREDERICK
(Slip Opinion) OCTOBER TERM, 2006 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. SUPREME COURT OF THE UNITED STATES Syllabus MORSE ET AL. v. FREDERICK CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 06–278. Argued March 19, 2007—Decided June 25, 2007 At a school-sanctioned and school-supervised event, petitioner Morse, the high school principal, saw students unfurl a banner stating “BONG HiTS 4 JESUS,” which she regarded as promoting illegal drug use. Consistent with established school policy prohibiting such messages at school events, Morse directed the students to take down the banner. When one of the students who had brought the banner to the event—respondent Frederick—refused, Morse confiscated the banner and later suspended him. The school superintendent upheld the suspension, explaining, inter alia, that Frederick was disciplined because his banner appeared to advocate illegal drug use in violation of school policy. Petitioner school board also upheld the suspension. Frederick filed suit under 42 U. S. C. §1983, alleging that the school board and Morse had violated his First Amendment rights. The Dis- trict Court granted petitioners summary judgment, ruling that they were entitled to qualified immunity and that they had not infringed Frederick’s speech rights. -
Language Change: Identity Management and the Boundaries of Acceptable Verbal Conduct in School Settings
LANGUAGE CHANGE: IDENTITY MANAGEMENT AND THE BOUNDARIES OF ACCEPTABLE VERBAL CONDUCT IN SCHOOL SETTINGS Lynn Downes BA primAry educAtion, BA pre-primary education, BTTC, Master of EducAtion, Inclusive EducAtion, QUT, Master of EducAtion, TESOL, QUT. CELTA, UQ Principal Supervisor: Associate Professor Margaret Kettle Associate Supervisor: Professor Gordon Tait Associate Supervisor: Dr Peter O’Brien Submitted in fulfilment of the requirements for the degree of Doctor of Philosophy Office of Education Research Faculty of Education Queensland University of Technology May 2019. This page has been intentionally left blank “Fuck is a sacred word?” you ask. Fucking A right it is. It is a word that one should not utter because it is such a terrible word of epic proportions, a word whose mere utterance is a sin. A fucking sin, can you imagine? That’s how fucking important fuck is. And because it’s a sin, using it is so enticing to the young that when they hear it for the first time they are spellbound. And when they use it for the first time, that F and the U bang so deliciously against the hard K, ripping through the lips, it’s as if a caged animal has been unleashed. They feel that they have taken that first mighty step toward adulthood. Some of them may even repeat it over and over, testing to see if God will strike them down for saying it. It’s a word you don’t use in polite conversation or in front of your parents, which makes it even more glorious when chewed up and spit out in the schoolyard or in the bowels of the basement. -
Sexercising Our Opinion on Porn: a Virtual Discussion
Psychology & Sexuality ISSN: 1941-9899 (Print) 1941-9902 (Online) Journal homepage: http://www.tandfonline.com/loi/rpse20 Sexercising our opinion on porn: a virtual discussion Elly-Jean Nielsen & Mark Kiss To cite this article: Elly-Jean Nielsen & Mark Kiss (2015) Sexercising our opinion on porn: a virtual discussion, Psychology & Sexuality, 6:1, 118-139, DOI: 10.1080/19419899.2014.984518 To link to this article: https://doi.org/10.1080/19419899.2014.984518 Published online: 22 Dec 2014. Submit your article to this journal Article views: 130 View Crossmark data Citing articles: 4 View citing articles Full Terms & Conditions of access and use can be found at http://www.tandfonline.com/action/journalInformation?journalCode=rpse20 Psychology & Sexuality, 2015 Vol.6,No.1,118–139, http://dx.doi.org/10.1080/19419899.2014.984518 Sexercising our opinion on porn: a virtual discussion Elly-Jean Nielsen* and Mark Kiss Department of Psychology, University of Saskatchewan, Saskatoon, SK, Canada (Received 1 May 2014; accepted 11 July 2014) A variety of pressing questions on the current topics and trends in gay male porno- graphy were sent out to the contributors of this special issue. The answers provided were then collated into a ‘virtual’ discussion. In a brief concluding section, the contributors’ answers are reflected upon holistically in the hopes of shedding light on the changing face of gay male pornography. Keywords: gay male pornography; gay male culture; bareback sex; pornography It is safe to say that gay male pornography has changed. Gone are the brick and mortar adult video stores with wall-to-wall shelves of pornographic DVDs and Blu-rays for rental and sale. -
KPFA Folio
KPFAFOLIO July 1%9 FM94.1 Ibnfcmt. vacaimt lit KPFA July Folio page 1 acDcfton, «r thcConfcquencct of Qo'^irrrin^ Troops .n h popuroui STt^tr^laTCd Town, taken f ., A KPFA 94.1 FM Listener Supported Radio 2207 Shattuck Avenue Berkeley, California 94704 -mil: Im Tel: (415) 848-6767 ^^^i station Manager Al Silbowitz Administrative Assistant . Marion Timofei Bookkeeper Erna Heims Assistant Bookkeeper .... Mariori Jansen Program Director . Elsa Knight Thompson Promotion Assistant Tom Green i Jean Jean Molyneaux News Director Lincoln Bergman Public Affairs Program Producer Denny Smithson Public Affairs Secretary .... Bobbie Harms Acting Drama & Literature Director Eleanor Sully Children's Programming Director Anne Hedley SKoAfS g«Lt>eHi'o»i Chief Engineer Ned Seagoon [ Engineering Assistants . Hercules Grytpype- thyne, Count Jim Moriarty Senior Production Assistant . Joe Agos . TVt^Hi ttoopj a*c4_ t'-vo-i-to-LS, Production Assistants . Bob Bergstresser Dana Cannon Traffic Clerk Janice Legnitto Subscription Lady Marcia Bartlett »,vJi u/fUyi^elM*^ e«j M"^ K/c> Receptionist Mildred Cheatham FOLIO Secretary Barbara Margolies ^k- »76I i^t^-c«4>v i-'},ooPi M.aAci.«<< The KPFA Folio Pt-lO«tO Hm.lr<^*'rSuLCjCJt4^\f*JL ' ' "a^ cLcC, u>*A C**t". JblooA. July, 1969 Volume20, No. 7 ®1969 Pacifica Foundation All Rights Reserved The KPFA FOLIO is published monthly and is dislributed free as a service to the subscribers of this listener-support- ed station. The FOLIO provides a detailed schedule of J^rx, Ojt-I itl- K«.A^ +Tajy4;^, UCfA programs broadcast A limited edition is published in braille. »J Dates after program listings indicate a repeat broadcast KPFA IS a non-commercial, educational radio station which broadcasts with 59.000 watts at 94 1 MH ly^onday through Fnday Broadcasting begins at 7:00 am, and on V livi tV.t«< weekends and holidays at 8 00 am Programming usually iV AA cUa«.>5 -rtvMUo WeJc. -
You Are Entering a Gay- and Lesbian-Free Zone: on the Radical Dissents of Justice Scalia and Other (Post-) Queers Bernard E
University of Chicago Law School Chicago Unbound Public Law and Legal Theory Working Papers Working Papers 2004 You Are Entering a Gay- and Lesbian-Free Zone: On the Radical Dissents of Justice Scalia and Other (Post-) Queers Bernard E. Harcourt Follow this and additional works at: https://chicagounbound.uchicago.edu/ public_law_and_legal_theory Part of the Law Commons Chicago Unbound includes both works in progress and final versions of articles. Please be aware that a more recent version of this article may be available on Chicago Unbound, SSRN or elsewhere. Recommended Citation Bernard E. Harcourt, "You Are Entering a Gay- and Lesbian-Free Zone: On the Radical Dissents of Justice Scalia and Other (Post-) Queers" (University of Chicago Public Law & Legal Theory Working Paper No. 59, 2004). This Working Paper is brought to you for free and open access by the Working Papers at Chicago Unbound. It has been accepted for inclusion in Public Law and Legal Theory Working Papers by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. CHICAGO PUBLIC LAW AND LEGAL THEORY WORKING PAPER NO. 59 YOU ARE ENTERING A GAY- AND LESBIAN-FREE ZONE: ON THE RADICAL DISSENTS OF JUSTICE SCALIA AND OTHER (POST-) QUEERS Bernard E. Harcourt THE LAW SCHOOL THE UNIVERSITY OF CHICAGO February 2004 This paper can be downloaded without charge at http://www.law.uchicago.edu/academics/publiclaw/index.html and at The Social Science Research Network Electronic Paper Collection: http://ssrn.com/abstract_id=508942 Forthcoming, “Supreme Court Foreword,” Journal of Criminal Law and Criminology Comments welcome at [email protected] February 16, 2004 © Bernard E.