Congressional Record—Senate S5195
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Senate the Senate Met at 9:30 A.M
E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 106 CONGRESS, FIRST SESSION Vol. 145 WASHINGTON, THURSDAY, MAY 13, 1999 No. 69 Senate The Senate met at 9:30 a.m. and was RECOGNITION OF THE ACTING Hollings amendment No. 328, to called to order by the President pro MAJORITY LEADER amend the Communications Act of 1934 tempore [Mr. THURMOND]. The PRESIDENT pro tempore. The to require that the broadcast of violent The PRESIDENT pro tempore. To- able chairman of the Judiciary Com- video programming be limited to hours day’s prayer will be offered by our mittee is recognized. when children are not reasonably like- guest Chaplain, Pastor Lonnie Shull, Mr. HATCH. I thank the Chair. ly to comprise a substantial portion of First Baptist Church, West Columbia, f the audience. SC. SCHEDULE Mr. President, I ask unanimous con- We are very pleased to have you with Mr. HATCH. This morning the Sen- sent to add Senator MCCAIN as a co- us. ate will resume consideration of the ju- sponsor of the Hatch-Leahy amend- venile justice legislation. Pending is ment. the Hatch-Leahy amendment with a The PRESIDING OFFICER. Without PRAYER vote to take place at approximately objection, it is so ordered. 9:40 a.m. Following the disposition of Mr. HATCH. I suggest the absence of The guest Chaplain, Pastor Lonnie a quorum. Shull, First Baptist Church, West Co- the Hatch-Leahy amendment, Senator HOLLINGS will resume debate of his tel- The PRESIDING OFFICER. The lumbia, SC, offered the following pray- clerk will call the roll. -
Facts Are Stubborn Things": Protecting Due Process from Virulent Publicity
Touro Law Review Volume 33 Number 2 Article 8 2017 "Facts Are Stubborn Things": Protecting Due Process from Virulent Publicity Benjamin Brafman Darren Stakey Follow this and additional works at: https://digitalcommons.tourolaw.edu/lawreview Part of the Civil Procedure Commons, Civil Rights and Discrimination Commons, and the First Amendment Commons Recommended Citation Brafman, Benjamin and Stakey, Darren (2017) ""Facts Are Stubborn Things": Protecting Due Process from Virulent Publicity," Touro Law Review: Vol. 33 : No. 2 , Article 8. Available at: https://digitalcommons.tourolaw.edu/lawreview/vol33/iss2/8 This Article is brought to you for free and open access by Digital Commons @ Touro Law Center. It has been accepted for inclusion in Touro Law Review by an authorized editor of Digital Commons @ Touro Law Center. For more information, please contact [email protected]. Brafman and Stakey: Facts Are Stubborn Things “FACTS ARE STUBBORN THINGS”: PROTECTING DUE PROCESS FROM VIRULENT PUBLICITY by Benjamin Brafman, Esq.* and Darren Stakey, Esq.** *Benjamin Brafman is the principal of a seven-lawyer firm Brafman & Associates, P.C. located in Manhattan. Mr. Brafman’s firm specializes in criminal law with an emphasis on White Collar criminal defense. Mr. Brafman received his law degree from Ohio Northern University, in 1974, graduating with Distinction and serving as Manuscript Editor of The Law Review. He went on to earn a Masters of Law Degree (LL.M.) in Criminal Justice from New York University Law School. In May of 2014, Mr. Brafman was awarded an Honorary Doctorate from Ohio Northern University Law School. Mr. Brafman, a former Assistant District Attorney in the Rackets Bureau of the New York County District Attorney’s Office, has been in private practice since 1980. -
The Real Team Players: Legal Ethics, Public Interest, and Professional Sports Subsidies
THE REAL TEAM PLAYERS: LEGAL ETHICS, PUBLIC..., 27 Geo. J. Legal... 27 Geo. J. Legal Ethics 451 Georgetown Journal of Legal Ethics Summer, 2014 Current Development 2013-2014 Kukui Claydon a1 Copyright © 2014 by Kukui Claydon THE REAL TEAM PLAYERS: LEGAL ETHICS, PUBLIC INTEREST, AND PROFESSIONAL SPORTS SUBSIDIES INTRODUCTION: FOOTBALL, THE HEART OF AMERICA, AND THE UNDERBELLY OF SUBSIDIZED FINANCING “Football is not a game but a religion, a metaphysical island of fundamental truth in a highly verbalized, disguised society, a throwback of 30,000 generations of anthropological time.” 1 This Note will discuss public subsidies for professional sports stadiums, ethical issues that face attorneys involved in stadium deals, and the need for a more transparent bargaining table where millions of taxpayer dollars are involved. Whether you love it, hate it, or are indifferent, American football encompasses a huge part of modern American cultural identity and passion. 2 Particularly with the rise of television, American football became the country's biggest spectator sport, a cultural pinnacle, and the primary focus of both collegiate athletics and professional sports. Through football, Americans celebrate their local, school, emotional, regional, national, and other identities. Football is an American holiday tradition, a promoter of corporations and universities, a staple of towns, a grower of leaders and promoter of teamwork, a symbol of war, a topic of controversy denounced by some as promoting violence, sexism, and greed, and supported as promoting family values in a religious setting by others. Depending on one's point of view, football may symbolize everything that is right or wrong with American culture and society. -
The Seven Dirty Words You Should Be Allowed to Say on Television
Washington University Law Review Volume 92 Issue 5 2015 The Seven Dirty Words You Should Be Allowed to Say on Television Ellen Alexandra Eichner Washington University School of Law Follow this and additional works at: https://openscholarship.wustl.edu/law_lawreview Part of the Communications Law Commons, Entertainment, Arts, and Sports Law Commons, and the First Amendment Commons Recommended Citation Ellen Alexandra Eichner, The Seven Dirty Words You Should Be Allowed to Say on Television, 92 WASH. U. L. REV. 1353 (2015). Available at: https://openscholarship.wustl.edu/law_lawreview/vol92/iss5/9 This Note is brought to you for free and open access by the Law School at Washington University Open Scholarship. It has been accepted for inclusion in Washington University Law Review by an authorized administrator of Washington University Open Scholarship. For more information, please contact [email protected]. THE SEVEN DIRTY WORDS YOU SHOULD BE ALLOWED TO SAY ON TELEVISION I. INTRODUCTION Shit, piss, fuck, cunt, cocksucker, motherfucker, and tits.1 For any American who has turned on his or her television since 1978 and tuned into one of the traditional broadcast networks—ABC, NBC, CBS, or Fox—these seven words have been conspicuously absent from broadcasting. Confusingly, with a flip of the remote over to a premium cable television station, these seven words may all occur in quick succession on one television show.2 When one of them does happen to make it to air on a broadcast network, it often becomes the source of an astronomical fine from the Federal Communications Commission (“FCC”) and years of litigation between the network and the federal government.3 A recent case resulted in a huge victory for broadcasters. -
Bayes Theorem and the Law
PROBABILITY MODELS 21 5. Bayes Rule Suppose C1; C2;::: are mutually exclusive and exhaustive cases (hypotheses) and E is some event (evidence) that has been observed. We have some prior “belief” on each hypothesis, which we write P[C1]; P[C2];::: and we want to update our beliefs in the face of the evidence in E. By standard conditional probability calculations, we have P[Ci]P[E Ci] (10) P[Ci E] = P j ; for each j 1: j P[Cj]P[E Cj] ≥ j j (Note that if there are only two cases then P[C E] P[C] P[E C] j = j : P[Cc E] P[Cc] × P[E Cc] j j 5.1. Bayes theorem and the law. Bayesian reasoning naturally arises in connection with legal proceedings. For example, in a criminal trial, some crime was committed, for which they may be various hypotheses as to what happened and who is responsible. Evidence is collected in an attempt to deduce which of the hypotheses actually occurred. We assume that the hypotheses are exhaustive in the sense that they contain all reasonable scenarios and, most importantly, one of the hypotheses is correct. (This is not always the case.) In the language of Bayes rule (10): of all possible outcomes, there are several hypotheses that might be feasible (say, C1;:::; Ck) and we collect evidence to discern which hypothesis is most likely. Before seeing the evidence, we might have a belief (rather, a “hunch”) as to which of the hypotheses are more likely. After viewing the evidence, we update our beliefs (perhaps, according to Bayes rule). -
Offensive Language Spoken on Popular Morning Radio Programs Megan Fitzgerald
Florida State University Libraries Electronic Theses, Treatises and Dissertations The Graduate School 2007 Offensive Language Spoken on Popular Morning Radio Programs Megan Fitzgerald Follow this and additional works at the FSU Digital Library. For more information, please contact [email protected] THE FLORIDA STATE UNIVERSITY COLLEGE OF COMMUNICATION OFFENSIVE LANGUAGE SPOKEN ON POPULAR MORNING RADIO PROGRAMS By MEGAN FITZGERALD A Dissertation submitted to the Department of Communication in partial fulfillment of the requirements for the degree of Doctor of Philosophy Degree Awarded: Fall Semester, 2007 The members of the Committee approve the Dissertation of Megan Fitzgerald defended on October 31, 2007. Barry Sapolsky Professor Directing Dissertation Colleen Kelley Outside Committee Member Jay Rayburn Committee Member Gary Heald Committee Member Steven McClung Committee Member Approved: Stephen McDowell, Chair, Communication John K. Mayo, Dean, Communication The Office of Graduate Studies has verified and approved the above named committee members. ii This dissertation is dedicated to my parents, Patrick and Kathleen Fitzgerald. Thank you for supporting all that I do—even when I wanted to grow up to be the Pope. By watching you, I learned the power of teaching by example. And, you set the best. Thank you. iii ACKNOWLEDGEMENTS This dissertation was completed under the guidance of my major professor, Dr. Barry Sapolsky. Dr. Sapolsky not only served as my major professor, but also as a mentor throughout my entire graduate program. He was a constant source of encouragement, motivation, and, at times, realism. In addition to serving on my committee, he also gave me the opportunity to work in the Communication Research Center. -
A New “Slant” on Pacifica?
A New “Slant” on Pacifica? BY LEITA WALKER AND MICHAEL GIUDICESSI o paraphrase one observer: in Pacifica,” the Federal Circuit tried to Though its members diverged in their somewhere up there, George explain.6 reasoning, the Supreme Court unani- Carlin is smiling.1 Even so, there’s hope for vulgarity- mously affirmed (Justice Gorsuch took First, in June 2017, in loving true believers (a small but fierce no part in consideration or decision of TMatal v. Tam,2 the Supreme Court contingent, we imagine) that Carlin the case). struck as unconstitutional the Lan- may freely shout his seven dirty words The government raised three ham Act’s prohibition on the from the afterlife with the metaphysi- arguments in defense of the dispar- registration of “disparaging” trade- cal knowledge that, “in this electronic/ agement clause: (1) that trademarks marks, ruling that “[s]peech may Internet age,” Federal Communica- are a form of government speech, not be banned on the ground that it tions Commission (FCC) licensees rendering the First Amendment inap- expresses ideas that offend.” may broadcast them without fear or plicable, (2) that they are a form of Then, in December 2017, the Fed- sanction. government subsidy, and the gov- eral Circuit decided In re Brunetti,3 The hope stems in part from Asso- ernment is not required to subsidize striking a similar prohibition barring ciate Justice Ruth Bader Ginsburg’s activities it does not wish to pro- registration of “immoral” or “scandal- public statement that Pacifica “was mote, and (3) that a new test—a ous” -
"Indecent Proposal: the FCC and Four-Letter Words," Lawdragon.Com
LAWYER PROFILES AND LEGAL NEWS Indecent Proposal: The FCC and Four-Letter Words By Debbie L. Berman and Wade A. Thomson In February 2006, the FCC issued an order resolving several complaints against various broadcasts. See 21 F.C.C.R. On the same day our nation went to the polls to elect 2664 (2006). The broadcasts at issue included Cher’s use its next president, the U.S. Supreme Court heard oral of the F-word at the 2002 Billboard Music Awards, Nichole argument on when the F-word is indecent as opposed to Richie’s use of the F-word at the 2003 Awards, NYPD Blue’s artistically integral. FCC v. Fox Television Stations, Inc., et employment of several other expletives, and the use of al., No. 07-582, centers on the Federal Communications “bullshitter” during The Early Show. The FCC found all of Commission’s policy of punishing broadcasters for so-called these fleeting expletives to be indecent, thereby adding “fleeting expletives” during hours that children are expected “shit” to the presumptively indecent word list. The FCC later to be in the audience. The case involves several nebulous reversed its finding in regards to The Early Show because issues and important societal concerns, including the the fleeting expletive occurred during a news show, while increased sexual content on television, who should decide the uses of the F-word during the award shows were seen what is indecent and what guidelines should be used. as deliberate and gratuitous. History of FCC Indecency Policy and Fleeting These orders were consolidated for purposes of review Expletives by the 2nd Circuit in Fox v. -
Broadcasting Seven Dirty Words: FCC V. Pacifica Foundation Ann-Ellen Marcus
Boston College Law Review Volume 20 Article 5 Issue 5 Number 5 7-1-1979 Broadcasting Seven Dirty Words: FCC v. Pacifica Foundation Ann-Ellen Marcus Follow this and additional works at: http://lawdigitalcommons.bc.edu/bclr Part of the Communications Law Commons, and the First Amendment Commons Recommended Citation Ann-Ellen Marcus, Broadcasting Seven Dirty Words: FCC v. Pacifica Foundation, 20 B.C.L. Rev. 975 (1979), http://lawdigitalcommons.bc.edu/bclr/vol20/iss5/5 This Casenotes is brought to you for free and open access by the Law Journals at Digital Commons @ Boston College Law School. It has been accepted for inclusion in Boston College Law Review by an authorized editor of Digital Commons @ Boston College Law School. For more information, please contact [email protected]. CASENOTES Broadcasting Seven Dirty Words: FCC v. Pacifica Foundation '—On October 30, 1973, at two o'clock in the afternoon, New York educational, non-profit radio station WBAI, owned by and licensed to the Pacifica Foundation, 2 aired a recorded twelve-minute satiric monologue by George Carlin entitled "Filthy Words." 3 The Carlin monologue was broadcast during the course of a regu- larly scheduled live program. The program, whose format consists of com- mentary by the host and listener call-ins, on this day was focusing on contem- porary society's attitudes towards language. 4 The record was played towards the end of the program, and was selected because "it was regarded as an incisive satirical view of the subject under discussion."' During the course of his monologue, Carlin repeatedly discusses the seven filthy words that "you couldn't say on the public .. -
Keith Jacobshagen
Keith Jacobshagen Feb. 28 - April 9, 1993 Johnson County CommunityCollege • Galleryof Alt Keith Jacobshagen geography and metapho r, but it is also abo ut autob iograph y. It's about those moments in my life when I'm making the painting. The autob iogra phy of my life goes into the painting , but it's not neces The followin g interview between Keith Jacobshagen and Melissa sarily there for peop le to read as they would read a book. Rountree took plac e in Jan uary 1993 . MR In the 1988 interview you said, ·'One qf the extraord inaiy MR Your art training was in design. When and bow did you begin things that happens when you 're painting, [fyou 're lucky, is that you paintin g? make a kind of breakthrough into a state of grace at times. Tbal doesn 't happen ve1y often, but it happens sometimes. And at the end KJ I actually began painting - like man y peopl e do - as a kid, and of ii, you sit back in a state of sublime exbaustion and you say to even though I studied design, I was painting during my time in yourse lf; 'I don 't know exactly what bappened, but sometbing ve,y schoo l. I didn 't begin to respond to painting in a really personal, extraordinaiy happened. "7 Would you discuss this aspect ofyour revelatory way until my senior year at the Kansas City Att Institute work? when I took a drawing class from Bill Fuhri, who taught in the night school. His seriousness of purpo se and his attitude toward making KJ That's not something that I consc iously aim for. -
San Diego Public Library New Additions September 2007
San Diego Public Library New Additions September 2007 Adult Materials 000 - Computer Science and Generalities Biographies 100 - Philosophy & Psychology California Room 200 - Religion CD-ROMs 300 - Social Sciences Compact Discs 400 - Language DVD Videos/Videocassettes 500 - Science eBooks 600 - Technology Fiction 700 - Art Foreign Languages 800 - Literature Genealogy Room 900 - Geography & History Graphic Novels Audiocassettes Large Print Audiovisual Materials Fiction Call # Author Title [SCI-FI] FIC/ADAMS Adams, Douglas The ultimate hitchhiker's guide FIC/ALLEN Allen, Woody. Side effects. FIC/ANDERS Anders, Donna. Night stalker FIC/ANDREWS Andrews, Mary Kay Hissy fit FIC/ARCHER Archer, Jeffrey Cat o'nine tales and other stories FIC/ARGUEDAS Arguedas, José María Yawar fiesta FIC/ASIMOV Asimov, Isaac The complete robot FIC/ASTON Aston, Elizabeth. Mr. Darcy's daughters [MYST] FIC/ATKINSON Atkinson, Kate. One good turn FIC/ATWOOD Atwood, Margaret Eleanor The handmaid's tale FIC/AUCHINCLOSS Auchincloss, Louis. East Side story FIC/AUSTEN Austen, Jane Pride and prejudice FIC/AUSTEN Austen, Jane Sense and sensibility FIC/AYLMER Aylmer, Janet. Darcy's story FIC/BAGGOTT Baggott, Julianna. Girl talk FIC/BALDACCI Baldacci, David. Simple genius FIC/BALDACCI Baldacci, David. The collectors [MYST] FIC/BARNARD Barnard, Robert. A murder in Mayfair FIC/BARNES Barnes, Julian. Arthur & George FIC/BARON Baron, Aileen Garsson. The gold of Thrace FIC/BARRY Barry, Maxx. Jennifer Government [MYST] FIC/BASS Bass, Jefferson. Flesh and bone FIC/BATTLES Battles, Brett. The cleaner [MYST] FIC/BEATON Beaton, M. C. Agatha Raisin and the terrible tourist [MYST] FIC/BEATON Beaton, M. C. Love, lies and liquor FIC/BELLE Belle, Jennifer Going down FIC/BERG Berg, Elizabeth. -
Authority, Gender, and Representation by Louis Montrose
University of Nebraska - Lincoln DigitalCommons@University of Nebraska - Lincoln Faculty Publications, Department of History History, Department of Summer 2007 Review of The Subject of Elizabeth: Authority, Gender, and Representation by Louis Montrose Carole Levin University of Nebraska - Lincoln, [email protected] Follow this and additional works at: https://digitalcommons.unl.edu/historyfacpub Part of the History Commons Levin, Carole, "Review of The Subject of Elizabeth: Authority, Gender, and Representation by Louis Montrose" (2007). Faculty Publications, Department of History. 65. https://digitalcommons.unl.edu/historyfacpub/65 This Article is brought to you for free and open access by the History, Department of at DigitalCommons@University of Nebraska - Lincoln. It has been accepted for inclusion in Faculty Publications, Department of History by an authorized administrator of DigitalCommons@University of Nebraska - Lincoln. Published in Shakespeare Quarterly, Volume 58, Number 2, Summer 2007, pp. 248-249; DOI: 10.1353/shq.2007.0027 Copyright 2007 The Folger Library; published by Johns Hopkins University Press. Used by permission. 248 ShaKespeare quarterly who wrote the scribblings. The authors once again are unable to argue that any of the handwriting is Sir Henry Neville’s (their discussion of handwriting styles [239–40] is typically confused), and there is no reason to think that the scribbled name “Nevill” refers to him. It is more likely to refer to a different branch of the family related to the earls of Northumberland, in whose papers the manuscript was found. Katherine Neville was the mother of Henry Percy, the “wizard earl,” who held the title when this manuscript was compiled. Further examples of problems with this train wreck of a book could be multi- plied almost indefinitely.