First amendment theory and conceptions of the self

Free speech theory is built upon certain notions of the individual person and his or her rights that derive from early expositors of liberalism. This picture of the human person—the “liberal self"—has come under attack from a variety of theoretical perspectives, including communitarians, feminists, literary theorists, and critical legal studies scholars. This article examines the rival conceptions of the self and analyzes the possible effects on First Amendment theory of these critiques of the liberal self.     

修改专利文件的合法性审查

在专利申请审查和无效宣告审查程序中，专利权人可能需要对专利文件进行修改。但这种修改必须符合法律规定，否则可能影响专利权的效力或者不会被接受。修改的基本原则是不能超出原申请文件记载的信息，且在无效宣告审查程序中不得增加未包含在授权的权利要求书中的技术特征，仅能以删除或合并的方式修改权利要求。司法案例对上述原则进行了具体诠释。     

First amendment values and government participation in the marketplace,fifty years after the Hutchins report

The Hutchins Commission took a favorable view of government speech; Its report recommended that government act as a supplementary news source for the public. This article asserts that the commission was “fighting the last war” by focusing on government restraints on the press, while failing to propose limitations on the government's ability to circumvent the press. With the advent of new forms of telecommunications technology, the government might one day replace the private sector press as the public's primary source for news. This article asserts that the Supreme Court should recognize that the Press Clause of the First Amendment guarantees the existence of the private sector press as an independent, nongovernmental branch of our governance system. Based on a “separation of powers” view of Press Clause values, the article argues that the Court should create a First Amendment “right of reply” to any government dissemination of information to the American public in a manner that circumvents the traditional role of the private sector press.     

An overview of EU data protection rules on use of data collected online

In the third of our series of articles considering the EU’s limited harmonisation of the laws regulating the activities of businesses using the Internet, we look at EU rules on the use of data collected online. We consider the principles governing the processing of personal data collected online. We then discuss the new rules on the use of cookies and the practical difficulties facing website operators in complying with them and conclude with a brief overview of the rules governing the transfer of personal data outside the EEA.     

Ophthalmic drug products for over-the-counter human use; final monograph; technical amendment. Final rule; technical amendment

The Food and Drug Administration (FDA) is amending the regulation that established conditions under which over-the-counter (OTC) ophthalmic drug products are generally recognized as safe and effective and not misbranded. This amendment clarifies the active ingredient in OTC eyewash drug products and the labeling of the active ingredient and its purpose. This final rule is part of FDA's ongoing review of OTC drug products.     

Skin protectant drug products for over-the-counter human use; final monograph; technical amendment. Final rule; technical amendment

The Food and Drug Administration (FDA) is amending the regulation that established conditions under which over-the-counter (OTC) skin protectant drug products are generally recognized as safe and effective and not misbranded as part of FDA's ongoing review of OTC drug products. This amendment revises several of the indications for OTC skin protectant drug products to provide additional labeling claims that should not have been excluded from the final monograph (FM).     

Prosecuting the press: First amendment balancing and state statutes that punish publication of information of crimes and official misconduct

The press has been sued and prosecuted under state criminal statutes prohibiting the truthful publication of information. These cases have involved the truthful publication of information of sexual assault victims, juvenile offenders and public officials under confidential investigation, as well as grand jury information. The Supreme Court generally has provided relief to the press, but has eschewed finding specific statutes facially unconstitutional. Instead, the Court has used an ad hoc balancing approach and rendered fact‐specific holdings. The article concludes that categorical First Amendment protection for truthful information of alleged crimes and acts of official misconduct is an appropriate goal.     

Encryption and the first amendment

Recently, only secret government agencies were concerned about cryptography. It now is an important matter for many individuals and businesses who use the Internet. That has led to an intense effort on the part of several governmental agencies to control cryptography. This article provides an explanation of the evolution of cryptography, a synopsis of the evolving cryptography debate, an examination of the different interests represented within the debate and a framework for analyzing the First Amendment issues that are involved. The paper applies the framework to the Clinton administration's initiatives and finds them unconstitutional.     

The fourth amendment and aerial surveillance: Searching for guidelines

Advances in technology have given law enforcement agencies additional capabilities when performing surveillance activities. One area in particular—aerial surveillance—especially demonstrates the possible intrusiveness of police investigatory activity.

One of the most important considerations in the area of aerial surveillance is striking a balance between the necessity of police activities and protections guaranteed by the Fourth Amendment. Cases relating to aerial surveillance have sought to develop guidelines for police agencies in this expanding area of search and seizure inquiry.