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Law

Selected Works

Constitutional Law, Generally

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In The United States Talking Out Prevents Acting Out, David D. Butler Mar 2012

In The United States Talking Out Prevents Acting Out, David D. Butler

David D. Butler

No abstract provided.


Bleeeeep! The Regulation Of Indecency, Isolated Nudity And Fleeting Expletives In Broadcast Media - An Uncertain Future For Pacifica V. Fcc, Terri R. Day, Danielle Weatherby Jan 2012

Bleeeeep! The Regulation Of Indecency, Isolated Nudity And Fleeting Expletives In Broadcast Media - An Uncertain Future For Pacifica V. Fcc, Terri R. Day, Danielle Weatherby

Terri R. Day

This article discusses the controversy over the current FCC indecency enforcement regime, an issue the Supreme Court will hear this term. In 2004, the FCC abandoned a thirty year policy of excluding “fleeting expletives” and isolated images of nudity from its indecency enforcement regime. This change, coupled with a 10-fold increase in the statutory maximum fines and a change in assessing penalties on a per-program to a per-broadcast basis, threatens broadcasters with crushing fines for airing one isolated expletive. Since these changes, the FCC has enhanced its enforcement efforts creating a chilling effect on First Amendment protected speech in broadcast …


Bleeeep! The Regulation Of Indecency, Isolated Nudity, And Fleeting Expletives In Broadcast Media - An Uncertain Future For Pacifica V. Fcc, Terri R. Day, Danielle Weatherby Jan 2012

Bleeeep! The Regulation Of Indecency, Isolated Nudity, And Fleeting Expletives In Broadcast Media - An Uncertain Future For Pacifica V. Fcc, Terri R. Day, Danielle Weatherby

Terri R. Day

This article discusses the controversy over the current FCC indecency enforcement regime, an issue the Supreme Court will hear this term. In 2004, the FCC abandoned a thirty year policy of excluding “fleeting expletives” and isolated images of nudity from its indecency enforcement regime. This change, coupled with a 10-fold increase in the statutory maximum fines and a change in assessing penalties on a per-program to a per-broadcast basis, threatens broadcasters with crushing fines for airing one isolated expletive. Since these changes, the FCC has enhanced its enforcement efforts creating a chilling effect on First Amendment protected speech in broadcast …


Bleeeeep! The Regulation Of Indecency, Isolated Nudity, And Fleeting Expletives In Broadcast Media - An Uncertain Future For Pacifica V. Fcc, Terri R. Day, Danielle Weatherby Jan 2012

Bleeeeep! The Regulation Of Indecency, Isolated Nudity, And Fleeting Expletives In Broadcast Media - An Uncertain Future For Pacifica V. Fcc, Terri R. Day, Danielle Weatherby

Terri R. Day

This article discusses the controversy over the current FCC indecency enforcement regime, an issue the Supreme Court will hear this term. In 2004, the FCC abandoned a thirty year policy of excluding “fleeting expletives” and isolated images of nudity from its indecency enforcement regime. This change, coupled with a 10-fold increase in the statutory maximum fines and a change in assessing penalties on a per-program to a per-broadcast basis, threatens broadcasters with crushing fines for airing one isolated expletive. Since these changes, the FCC has enhanced its enforcement efforts creating a chilling effect on First Amendment protected speech in broadcast …


Justice Scalia And The Art Of Rhetoric, Jeffrey M. Shaman Dec 2011

Justice Scalia And The Art Of Rhetoric, Jeffrey M. Shaman

Jeffrey M. Shaman

This essay offers something different from the usual law review article: an examination of Justice Scalia's judicial opinions from a literary perspective rather than a legal one. The essay demonstrates that Justice Scalia is a master of metaphor and other belletristic flourishes. Focusing on the style rather than the substance of his writing, the essay uses examples from various Scalia opinions to illustrate that he wields a wicked poison pen, peppers his opinions with creative lists of examples, and is wont to drop in a bon mot here and there, not to mention an arcane foreign phrase that send lesser …