Academic Legal Writing - Eugene Volokh [197]
32See http://www.c-span.org/search/basic.asp?BasicQueryText=dc+rally+against.
33All Things Considered: Important Supreme Court Decisions From This Past Term, Nat'l Pub. Radio, July 3, 2002.
34 Corrections, N.Y. Times, Apr. 7, 1995, at A2.
35See Bureau of the Census, Historical Statistics of the United States: Colonial Times to 1970 at 116 (1976).
36 433 U.S. 562, 573 n.10, 576 (1978) (stressing that the Court was dealing only with the narrow version and not the broad one).
37See, e.g., Comedy III Prods., Inc. v. Gary Saderup, Inc., 80 Cal. Rptr. 2d 464, 471 (Ct. App. 1998) (concluding, in a name-or-likeness case, that Zacchini “considered, and rejected, a First Amendment defense to liability for infringement of the right of publicity”), aff'd, 25 Cal. 4th 387 (2001); Landham v. William Galoob Toys, Inc., 227 F.3d 619, 622 (6th Cir. 2000) (“The right of publicity [speaking of a right to control one's name or likeness] is a creature of state common law and statute and originated as part of the common-law right of privacy. The Supreme Court has recognized its consistency with federal intellectual property laws and the First Amendment, see generally Zacchini ....”). Some law review articles make the same mistake.
38 Schenck v. United States, 249 U.S. 47, 52 (1919) (emphasis added).
39 A Lexis search in the NEWS;US file for “(shouting fire in a theatre or shouting fire in a theater or shouting fire in a crowded theatre or shouting fire in a crowded theater) and date(< 1/1/2002)” yielded 333 results. The same query with “falsely” before the “shouting” yielded only 72. Some of these results were false positives (e.g., stories that used the metaphor more broadly than just in a free speech context, and the occasional story discussing the common omission of “falsely”), but only relatively few.
40Cf. Editorial, Misjudgment of “Nuremberg,” Omaha World–Herald, Mar. 30, 2001, at 16 (acknowledging that the Holmes quote was limited to “falsehood,” but arguing that it should also apply to speech that implicitly urges the killing of abortion providers).
41See, e.g., National Safety Council, Injury Facts 9 (2000).
42 The article cites National Safety Council, Accident Facts (1980), without giving a page number, but the fatal firearms accidents broken down by age range appear on p. 7 of Accident Facts, where the accidents for children under 5 are given as 60, for age 5 to 14 as 300, and for 15 to 24 as 600. The 1000 figure must thus refer to ages 0 to 24.
43See Centers for Disease Control & Prevention, Injury Mortality Reports, 1999–2006, http://webappa.cdc.gov/sasweb/ncipc/mortrate10_sy.html (queries selecting [1] Unintentional, [2] Firearm, [3] Year(s) of Report 2004 to 2006, [unlabeled] custom age range <1 to 17).
44See Centers for Disease Control & Prevention, Injury Mortality Reports, 1981–1998, http://webapp.cdc.gov/sasweb/ncipc/mortrate9.html (queries selecting [1] All Intents, [2] Firearm, [3] Year(s) of Report 1995 to 1995, and [1] Suicide, [2] Firearm, [3] Year(s) of Report 1995 to 1995).
45 U.S. Census Bureau, Table 3: Annual Estimates of the Resident Population by Sex, Race, and Hispanic Origin for the United States, http://www.census.gov/popest/national/asrh/NC-EST2008/NC-EST2008-03.xls (Nov. 1, 2000 estimates).
46See Peverill Squire, Why the 1936 Literary Digest Poll Failed, 52 Pub. Opin. Q. 125, 128–30 (1988).
47Vote Now, USA Weekend, Dec. 29–31, 1995, at 5; Call-in Results, USA Weekend, Feb. 2–4, 1996, at 10.
48 Squire, supra note 46, at 130–31.
49See, e.g., Levin v. Harleston, 966 F.2d 85 (2nd Cir. 1992) (holding that a professor's writings outside the class are presumptively constitutionally protected); compare Dambrot v. Central Mich. Univ., 55 F.3d 1177, 1190 (6th Cir. 1995) (“An instructor's choice of teaching methods does not rise to the level of protected expression.”), and Cohen v. San Bernardino Valley College, 92 F.3d 968, 971 (9th Cir. 1996) (“Neither the Supreme Court nor this Circuit has determined what scope of First Amendment protection is to be given a public college professor's