In 1984, a jury awarded $200,000 to the Rev. Jerry Falwell for emotional distress intentionally inflicted by a parody depicting Falwell as a drunkard who had incestuous relations with his mother in an outhouse. In 1988, in "Hustler v. Falwell," the U.S. Supreme Court struck down the verdict on First Amendment grounds. Although the…

Noting that the "marketplace of ideas" metaphor often used in the study of freedom of speech is drawn from classical economics, this paper cites J. Murray's definition of the concept as "the idea that citizens in a democracy are well served if opinions of all kinds, accurate or inaccurate, are freely circulated." The first…

This paper examines the government's authority to regulate indecent broadcasts, beginning with a historical overview of the Federal Communication Commission's (FCC) involvement with broadcast indecency and its application in case law. First Amendment considerations are discussed and some suggestions are made regarding how the Commission should…

Never enjoying the strong protection afforded to other First Amendment-related speech, academic freedom has been buffeted by a series of seemingly conflicting legal decisions. This paper explores the case that focuses on an allegation that faculty members of Vincennes University, a two-year school in Indiana, were discriminated against because of…

Over the years the Supreme Court has given academic freedom a special First Amendment status. This study reviewed a selected group of recent cases at public universities, focusing particularly on several where rulings were based either on a professor's public comments or in-class verbiage, in an attempt to assess the current status of academic…