Volume 85, Number 1 (November, 2011)
The Media that Need Citizens: The First Amendment and the Fifth Estate
Article by Adam Cohen
The Federal Trade Commission (“FTC”) adopted new disclosure rules in 2009 for “consumer-generated media.” The “Guides Concerning the Use of Endorsements and Testimonials in Advertising” warn bloggers, people who post on social networking sites, and other generators of new media content that they must disclose when they receive payments or free products related to what they write about. Failure to disclose material connections can result in fines of up to $10,000 for each violation. The FTC en...
Inside the Border, Outside the Law: Undocumented Immigrants and the Fourth Amendment
Article by D. Carolina Nuñez
As states enact immigration-related laws requiring local law enforcement officers to identify and detain undocumented immigrants, the Fourth Amendment rights of aliens are becoming critically important. In United States v. Verdugo-Urquidez, a divided Supreme Court suggested that aliens in the United States do not have Fourth Amendment rights unless they have established “substantial connections” to the United States. Lower courts have relied on Verdugo’s holding to categorically deny Fourth Amen...
Closing a Loophole: Headley V. Church of Scientology International as an Argument for Placing Limits on the Ministerial Exception from Clergy Disputes
Note by Molly A. Gerratt
In 2009, Marc and Claire Headley sued the Church of Scientology International and its affiliate, Religious Technology Center, for violating the Trafficking Victims’ Protection Act (“TVPA”) and for forcing Claire to undergo two abortions. The case was thrown out at the summary judgment phase because the Headleys were considered “ministers” of the Church of Scientology. Under the judicially created “ministerial exception”—an exemption never explicitly endorsed by the U.S. Supreme Court—ministers a...
Graffiti and the Constitution: A First Amendment Analysis of the Los Angeles Tagging Crew Injunction
Note by Kelly P. Welch
In 2008, a group of taggers known as the Metro Transit Assassins (“MTA”) painted a giant “MTA” tag in the Los Angeles riverbed that was visible from downtown office buildings and freeways. The three-story-high tag extended for half a mile along the riverbed and used an estimated four hundred gallons of paint. The government projected that it would cost $3.7 million to clean up the tag, including taking the necessary precautions to contain the toxic paint and runoff during cleanup. A graffiti his...
From Bombs and Bullets to Botnets and Bytes: Cyber War and the Need for a Federal Cybersecurity Agency
Postscript (Note) by Danielle Warner
In September 2010, Iranian engineers detected that a sophisticated computer worm, known as Stuxnet, had infected and damaged industrial sites across Iran, including its uranium enrichment site, Natanz. In just a few days, a sophisticated computer code was able to accomplish what six years of United Nations Security Council resolutions could not. Not a single missile was launched, nor any tanks deployed, yet the computer worm effectively set back the Islamic Republic’s nuclear program by two year...
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