Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 7 of 7
Full-Text Articles in Entire DC Network
Texas V. Johnson, 109 S. Ct. 2533 (1989), Deborah Tully Eversole
Texas V. Johnson, 109 S. Ct. 2533 (1989), Deborah Tully Eversole
Florida State University Law Review
Constitutional Law-A VOYAGE THROUGH MURKY WATERS: ASSESSING FLAG MISUSE PROHIBITIONS IN THE WAKE OF Texas v. Johnson, 102 S. Ct. 2533 (1989)
No More Teachers' Dirty Looks -- Now They Sue: Analysis Of Plaintiff Status Determinations In Defamation Actions By Public Educators, Richard E. Johnson
No More Teachers' Dirty Looks -- Now They Sue: Analysis Of Plaintiff Status Determinations In Defamation Actions By Public Educators, Richard E. Johnson
Florida State University Law Review
The constitutionalization of defamation law in 1964 created a revolution in first amendment jurisprudence. The United States Supreme Court established protection for statements concerning public officials unless the statements were made with actual malice, i.e., knowledge of falsity or reckless disregard of truth or falsity. Later, the Court extended much of that protection to statements about public figures who are not government employees. Though the Court eventually narrowed the scope of its public figure doctrine, it never receded from the protection accorded to statements about public officials. The author of this Article contends that this distinction has eluded many state …
Religious Accommodation And Criminal Liability, Christine A. Clark
Religious Accommodation And Criminal Liability, Christine A. Clark
Florida State University Law Review
Florida's religious accommodation statute leads some parents to believe that they are free to rely on spiritual healing in lieu of medical treatment for their ill children. However, the statute fails to protect these parents in a criminal prosecution arising from their children's deaths. The author of this Article describes the various types of accommodation statutes, analyzes a recent prosecution, and concludes that such prosecutions are unconstitutional. The author also proposes revisions to Florida's law designed to eliminate ambiguities about what protections it provides.
The Equal Access Controversy: A Battle For Freedom Of Religious Speech In Public Secondary Schools, Michael D. Rouse
The Equal Access Controversy: A Battle For Freedom Of Religious Speech In Public Secondary Schools, Michael D. Rouse
Florida State University Law Review
No abstract provided.
Murray V. Giarratano, 109 S. Ct. 2765 (1989), Scott Elliott Rogers
Murray V. Giarratano, 109 S. Ct. 2765 (1989), Scott Elliott Rogers
Florida State University Law Review
Constitutional Law/Access to Courts-LIMITING THE RELIEF AVAILABLE TO INDIGENT DEATH ROW INMATES DENIED MEANINGFUL ACCESS TO THE COURTS
Article Xii, Section 10: Formerly Of The Florida Constitution, William R. Woods
Article Xii, Section 10: Formerly Of The Florida Constitution, William R. Woods
Florida State University Law Review
No abstract provided.
The Prosecution Of Religious Fraud, Stephen Senn
The Prosecution Of Religious Fraud, Stephen Senn
Florida State University Law Review
The first amendment to the United States Constitution protects the religious freedom of individuals through its establishment and free exercise clauses. Should the government's hands-off policy under the free exercise clause provide a protective blanket for fraudulent moneymaking schemes carried out in the name of religion? The author of this Article argues that the protection of religious freedom can comfortably coexist with protection from religious fraud where courts employ a "sincerity test." He concludes that with appropriate procedural safeguards, courts can use this test to distinguish sincere religious exercise from criminally fraudulent enterprise.