Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

PDF

Florida International University College of Law

Journal

First amendment

Articles 1 - 4 of 4

Full-Text Articles in Law

The “Liberty Of Silence” Challenging State Legislation That Strips Municipalities Of Authority To Remove Confederate Monuments, Roger C. Hartley Jan 2022

The “Liberty Of Silence” Challenging State Legislation That Strips Municipalities Of Authority To Remove Confederate Monuments, Roger C. Hartley

FIU Law Review

There are roughly 700 Confederate monuments still standing in courthouse lawns, parks, and downtown squares in virtually every city, town, and village throughout the “Old South.” Most of these Confederate monuments are located in states that have enacted legislation that bans the removal of Confederate monuments. Such legislative bans are in effect in Alabama, Georgia, Kentucky Mississippi, North Carolina, South Carolina, and Tennessee. Legislation that bans removal of Confederate monuments from public spaces poses a racial justice issue for millions of residents in these states because it forces political majorities in Southern communities (many constituting majority-minority communities) to host a …


Attorney-Fee Shifting Is The Solution To Slapping Meritless Claims Out Of Federal Court, Gleisy Sopena Jan 2022

Attorney-Fee Shifting Is The Solution To Slapping Meritless Claims Out Of Federal Court, Gleisy Sopena

FIU Law Review

Strategic Lawsuits Against Public Participation (“SLAPPs”) are meritless claims brought against individuals or corporations to silence them for exercising protected speech under the First Amendment. In response to the chilling effects of these SLAPPsuits, State legislatures have enacted anti-SLAPP statutes to quickly dismiss these meritless claims and protect the targets of these suits. These anti-SLAPP statutes have two prominent components: a special motion to dismiss and an attorney fee-shifting provision that is dependent on prevailing on the special motion set forth in the statute. Federal courts sitting in diversity are divided over whether the special motion standards set forth in …


Cracking The Code: Computer Code As Pure Speech And Its First Amendment Implications On The 3d Printed Firearms Controversy, Brian E. Heckmann Jan 2020

Cracking The Code: Computer Code As Pure Speech And Its First Amendment Implications On The 3d Printed Firearms Controversy, Brian E. Heckmann

FIU Law Review

No abstract provided.


Will The Players Union Take An L Or Take A Knee?: The First Amendment Legal Issues Surrounding The Nfl National Anthem Controversy, Audriana Rodriguez Jan 2020

Will The Players Union Take An L Or Take A Knee?: The First Amendment Legal Issues Surrounding The Nfl National Anthem Controversy, Audriana Rodriguez

FIU Law Review

No abstract provided.