Digital Commons Network^™

“Much Dispute And Wonderful Contentions”: Modern First Amendment Values In The Book Of Mormon, Edward L. Carter

Faculty Publications

The First Amendment’s free speech clause, like the religious exercise clause, is profoundly counter-majoritarian. So the fact that a religious point of view is unpopular or out of step with a majority of society is not justification to suppress its expression. Rather, the unpopularity of religious views is the very reason why religious expression should be protected from government or private censorship. Free speech, including religious expression, strengthens and stabilizes society, enables the search for truth, provides a check on government power, facilitates self-governance and fosters autonomy. The Book of Mormon teaches Mormons to respect the contributions of free expression …

'One Small Candle Of Truth…Dispels A Lot Of Darkness', Rick Brunson

UCF Forum

America the Beautiful.

Handcuffing Speech: Federal Fraud Statutes And The Criminalization Of Advertising, Carmen Maye

Theses and Dissertations

The potential criminalization of deceptive advertising implicates the adequacy of regulatory oversight by the Federal Trade Commission (FTC) and the proper balance between the free flow of information and the Government’s role in consumer protection. Is there a need for, and room for, both FTC and Department of Justice (DOJ) oversight on the deceptive advertising front? These issues have ramifications for the courts, who bear the burden of adjudicating challenged applications of that policy, and also for the orderly functioning of government, which must accommodate the convergence of competing interests and divisions of authority.

Many fraudulent schemes are perpetuated without …

An Examination Of University Speech Codes’ Constitutionality And Their Impact On High-Level Discourse, Benjamin Welch

College of Journalism and Mass Communications: Theses

The First Amendment – which guarantees the right to freedom of religion, of the press, to assemble, and petition to the government for redress of grievances – is under attack at institutions of higher learning in the United States of America. Beginning in the late 1980s, universities have crafted “speech codes” or “codes of conduct” that prohibit on campus certain forms of expression that would otherwise be constitutionally guaranteed. Examples of such polices could include prohibiting “telling a joke that conveys sexism,” or “content that may negatively affect an individual’s self-esteem.” Despite the alarming number of institutions that employ such …

Press Definition And The Religion Analogy, Ronnell Andersen Jones

Faculty Scholarship

n a Harvard Law Review Forum response to Professor Sonja West's symposium article, "Press Exceptionalism," Professor RonNell Andersen Jones critiques Professor West's effort to define "the press" for purposes of Press Clause exceptions and addresses the weaknesses of Professor West's analogy to Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC in drawing these definitional lines. The response highlights distinctions between Press Clause and Religion Clause jurisprudence and urges a more functional approach to press definition.

The Dangers Of Press Clause Dicta, Ronnell Andersen Jones

Faculty Scholarship

The United States Supreme Court has engaged in an unusual pattern of excessive dicta in cases involving the press. Indeed, a close examination of such cases reveals that it is one of the most consistent, defining characteristics of the U.S. Supreme Court’s media law jurisprudence in the last half century. The Court’s opinions in cases involving the media, while almost uniformly reaching conclusions based on other grounds, regularly include language about the constitutional or democratic character, duty, value, or role of the press — language that could be, but ultimately is not, significant to the constitutional conclusion reached. Although scholars …

What The Supreme Court Thinks Of The Press And Why It Matters, Ronnell Andersen Jones

Faculty Scholarship

Over the last fifty years, in cases involving the institutional press, the United States Supreme Court has offered characterizations of the purpose, duty, role, and value of the press in a democracy. An examination of the tone and quality of these characterizations over time suggests a downward trend, with largely favorable and praising characterizations of the press devolving into characterizations that are more distrusting and disparaging.

This Essay explores this trend, setting forth evidence of the Court’s changing view of the media—from the effusively complimentary depictions of the media during the Glory Days of the 1960s and 1970s to the …

Leadership Bias: The Case Of The Cherokee Freedmen, Kristi Barnett Williams

LSU Master's Theses

Journalists inform residents living on or near Native American reservations about key policy issues. Since most tribal councils own and operate their news outlets, retaliation towards journalists working for the tribe is a real concern if the leadership does not appreciate the message. In response to the threat of retaliation, some tribes, like the Cherokee Nation, have legal protections for journalists. The Cherokee Nation’s newspaper, the Cherokee Phoenix, operates under the guidelines of the Cherokee Independent Press Act (CIPA) originally passed in 2000 and amended in 2009. CIPA was the first of its kind in Indian Country. This thesis analyzes …