PUNISHING ANTHRAX HOAXERS:
WHAT SHOULD THE PENALTIES BE, AND DOES THE FIRST AMENDMENT
ALLOW HATE HOAXES TO BE PUNISHED MORE SEVERELY?
FindLaw columnist, attorney and author Julie Hilden discusses proposed legislation that would address anthrax hoaxes, as well as the sentencing guidelines that would be needed to implement such legislation.
Tuesday, Nov. 13, 2001
AN INTERVIEW WITH AUTHOR AND FORMER WHITE HOUSE COUNSEL JOHN DEAN
FindLaw columnist, attorney and author Julie Hilden interviews fellow FindLaw columnist and former White House Counsel John Dean on his new book, The Rehnquist Choice: The Untold Story of the Nixon Appointment That Redefined the Supreme Court (Free Press 2001). The book details, among many other revelations, how, prior to his nomination, Rehnquist participated in a Nixon scheme to "unpack" the Court by getting rid of liberal Justices; how Dean himself was influential in Rehnquist's nomination; and how Nixon almost nominated the Court's first woman Justice in lieu of Rehnquist.
Thursday, Nov. 01, 2001
ARE THE GOVERNMENT'S REQUESTS THAT NETWORKS DECLINE TO AIR BIN
LADEN VIDEOS A FREE SPEECH THREAT?
FindLaw columnist, attorney, and author Julie Hilden considers the potential free speech question presented by the government's recent requests to networks to use caution in airing videos of speeches by Osama bin Laden. Among other points, Hilden examines the government's justification that the bin Laden videos may contain coded messages.
Thursday, Oct. 18, 2001
WHY NEW YORKERS SHOULD EXTEND GIULIANI'S TERM -- BUT NOT
FindLaw columnist, attorney, and author Julie Hilden discusses New York Mayor Rudolph Giuliani's proposal to cope with mayoral transition in a time of crisis. Giuliani has suggested that mayoral candidates should agree to postpone the transition, so that it occurs months after the currently scheduled date of January 1. He also has suggested that, alternatively, the state legislature should abolish New York's term limits statute so he can serve another term -- though he reportedly withdrew this proposal yesterday. Drawing on what the U.S. Supreme Court has said about term limits, Hilden contends that while the agreement to extend is a bad idea, Giuliani's original idea of abolishing the term limits statute may be a good one.
Thursday, Oct. 04, 2001
THE CIVIL LIBERTIES WE NEED TO KEEP, AND THOSE WE CAN AFFORD
EVALUATING THE GOVERNMENT'S PROPOSALS
FindLaw columnist, attorney and author Julie Hilden discusses possible abridgements of our Fourth, Fifth, and First Amendment rights in the coming war on terrorism -- and comments on which civil liberties we should care about most. Hilden emphasizes the need for war reportage, but notes that we will have to lobby for it since the First Amendment is unlikely to protect this type of press access.
Thursday, Sep. 20, 2001
LETTING PUBLIC LIBRARIES DOWN:
THE RECENT COPYRIGHT OFFICE REPORT MISSES A CHANCE
TO SUPPORT A DIGITAL FIRST SALE DOCTRINE FOR LIBRARIES
FindLaw columnist, attorney and author Julie Hilden discusses the recent Copyright Office Report on the Digital Millenium Copyright Act. Hilden takes issue with the report's failure to support a digital equivalent of the first sale doctrine, which allows a book purchaser to lend or resell the book without further payment to the author or publisher.
Thursday, Sep. 06, 2001
SHOULD LIBEL LAW BE STRENGTHENED TO PROTECT PLAINTIFFS?
FindLaw columnist, attorney, and author Julie Hilden discusses the libel suit
filed by prominent journalist Sidney Blumenthal and his wife, Jacqueline,
against Matt Drudge, based on The Drudge Report's untrue claim that Sidney
had a history of beating his wife. This Fall's Brill's Content claims the
Blumenthal/Drudge suit illustrates the failure of libel law; Hilden disagrees
on several counts.
Thursday, Aug. 23, 2001
THE FIRST AMENDMENT ISSUES RAISED BY
THE TROUBLING PROSECUTION OF E-BOOK HACKER DMITRY SKLYAROV
FindLaw columnist, attorney and author Julie Hilden discusses the First Amendment implications of the vigorously-protested prosecution of Dmitry Sklyarov, the Russian hacker whose company sold software that could disable restrictions on Adobe's E-Book Reader. Sklyarov, currently out on bail, is charged with violating the Digital Millenium Copyright Act.
Friday, Aug. 10, 2001
GARY CONDIT AND THE FIFTH AMENDMENT: WHY HE CANNOT INVOKE IT AND HOW IT CAN BE USED AGAINST HIM
FindLaw columnist, attorney, and author Julie Hilden discusses police tactics in the Gary Condit/Chandra Levy scandal. Hilden notes that Condit is, in effect, unable to invoke his Fifth Amendment right to remain silent as long as he wants to preserve his career, and reflects on whether police tactics have exploited -- and ethically could exploit -- that vulnerability.
Thursday, Jul. 26, 2001
PHOTOGRAPHY AND PRIVACY IN CASES OF DEATH AND INJURY:
PRINCESS DIANA, MICHAEL SKUPIN, AND DALE EARNHART
FindLaw columnist, attorney, and author Julie Hilden discusses the issue of when photographs of death and injury are invasions of privacy, and when they are appropriate publicity. Hilden comments on the photos of a dying Princess Diana, camera footage of "Survivor" Michael Skupin's burned hands, and NASCAR driver Dale Earnhart's autopsy photos.
Thursday, Jul. 12, 2001
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