Examples of Amendment review in a sentence
Ed. 2d 835 (2012) (“Given the speech- protective purposes and safeguards embraced by copyright law, we concluded in Eldred that there was no call for the heightened [First Amendment] review petitioners sought in that case.
In addition to the Zoning Map Amendment review process set forth in Sec.
This subpart will first determine whether access to smart meter data by police, or by privately and publicly owned utilities, satisfies the state action doctrine, thereby warranting further Fourth Amendment review.
Trial counsel’s tactical decisions are not completely immune from Sixth Amendment review, but they must be particularly egregious before they will provide a basis for relief.
Even assuming that Alvarez is applicable here, subsection (a) survives First Amendment review under Alvarez.
Dissenting in part and concurring in part, Judge Bea stated that subsection § 18-7042(1)(a), pertaining to the criminalization of misrepresentations to enter a production facility, should survive First Amendment review.
On appeal, the Tenth Circuit, affirming in part, agreed that Congress had not offended the Copyright Clause, but remanded for First Amendment review of Section 514.
This change is as traditional a contour of copyright as any could be and the claim is that that change in 1976 of a traditional contour of copyright gets us First Amendment review, and if we get First Amendment review, then the presumption of deference that led the Eldred Court goes out and ordinary First Amendment review means we win.
Thus, even if Congress has not exceeded its Article I authority, § 514 may still be subject to First Amendment review.
By implication, if Congress changes the traditional contours of copyright further First Amendment review is required.