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Full-Text Articles in Law

Keynote Address, Justice John Paul Stevens (Ret.) Mar 2017

Keynote Address, Justice John Paul Stevens (Ret.)

University of Miami Law Review

No abstract provided.


A Free Speech Tale Of Two County Clerk Refusals, Caroline Mala Corbin Jan 2017

A Free Speech Tale Of Two County Clerk Refusals, Caroline Mala Corbin

Articles

The ever-expanding Free Speech Clause has made possible claims that would have been unthinkable until recently. This symposium Essay examines the compelled speech claims of two hypothetical county clerks who believe that marriage should be limited to unions between one man and one woman, and who argue that forcing them to issue marriage licenses to gay and lesbian couples compels them to speak in favor of same-sex marriage in violation of the Free Speech Clause.

When a government employee such as a county clerk speaks, she may not be speaking as just a private individual. She may also be speaking ...


Government Employee Religion, Caroline Mala Corbin Jan 2017

Government Employee Religion, Caroline Mala Corbin

Articles

Picture a county clerk who refuses to issue a marriage license to an LGBT couple or a city bus driver who insists on wearing a hijab. The clerk is fired for failing to fulfill job responsibilities and the bus driver for violating official dress codes. Both claim that their termination violates the First Amendment speech and religion clauses.

There is a well-developed First Amendment government employee speech jurisprudence. Less developed is the doctrine and literature for First Amendment government employee religion. The existing Free Exercise Clause jurisprudence usually does not specifically account for the government employee context. This Article attempts ...


Raising The Bar And The Public Interest: On Prior Restraints, Traditional Contours, And Constitutionalizing Preliminary Injunctions In Copyright Law, John M. Newman Jan 2011

Raising The Bar And The Public Interest: On Prior Restraints, Traditional Contours, And Constitutionalizing Preliminary Injunctions In Copyright Law, John M. Newman

Articles

No abstract provided.


Unwilling Avatars: Idealism And Discrimination In Cyberspace, Mary Anne Franks Jan 2011

Unwilling Avatars: Idealism And Discrimination In Cyberspace, Mary Anne Franks

Articles

No abstract provided.


Citizens United: How The New Campaign Finance Jurisprudence Has Been Shaped By Previous Dissents, David Axelman Oct 2010

Citizens United: How The New Campaign Finance Jurisprudence Has Been Shaped By Previous Dissents, David Axelman

University of Miami Law Review

No abstract provided.


Constitutional Anomalies: When Canada's Proportionality And The U.S.'S Categorization Just Don't Fit The Bill, Zakarij N. Laux Apr 2010

Constitutional Anomalies: When Canada's Proportionality And The U.S.'S Categorization Just Don't Fit The Bill, Zakarij N. Laux

University of Miami Inter-American Law Review

No abstract provided.


The Fcc's Affirmative Speech Obligations Promoting Child Welfare, Lili Levi Jan 2010

The Fcc's Affirmative Speech Obligations Promoting Child Welfare, Lili Levi

Articles

No abstract provided.


The Four Eras Of Fcc Public Interest Regulation, Lili Levi Jan 2008

The Four Eras Of Fcc Public Interest Regulation, Lili Levi

Articles

No abstract provided.


Corporate Political Speech And The Balance Of Powers: A New Framework For Campaign Finance Jurisprudence In Wisconsin Right To Life, Frances R. Hill Jan 2008

Corporate Political Speech And The Balance Of Powers: A New Framework For Campaign Finance Jurisprudence In Wisconsin Right To Life, Frances R. Hill

Articles

No abstract provided.


Content-Based And Content-Neutral Regulation Of Speech: The Limitations Of A Common Distinction, R. George Wright Apr 2006

Content-Based And Content-Neutral Regulation Of Speech: The Limitations Of A Common Distinction, R. George Wright

University of Miami Law Review

No abstract provided.


Out Of Thin Air: Using First Amendment Public Forum Analysis To Redeem American Broadcasting Regulation, Anthony E. Varona Jan 2006

Out Of Thin Air: Using First Amendment Public Forum Analysis To Redeem American Broadcasting Regulation, Anthony E. Varona

Articles

American television and radio broadcasters are uniquely privileged among Federal Communications Commission (FCC) licensees. Exalted as public trustees by the 1934 Communications Act, broadcasters pay virtually nothing for the use of their channels of public radiofrequency spectrum, unlike many other FCC licensees who have paid billions of dollars for similar digital spectrum. Congress envisioned a social contract of sorts between broadcast licensees and the communities they served. In exchange for their free licenses, broadcast stations were charged with providing a platform for a "free marketplace of ideas" that would cultivate a democratically engaged and enlightened citizenry through the broadcasting of ...


The Indispensable State, Irwin P. Stotzky Oct 2003

The Indispensable State, Irwin P. Stotzky

University of Miami Law Review

No abstract provided.


Media Violence: Different Times Call For Different Measures, Lisa Kimmel Jul 2002

Media Violence: Different Times Call For Different Measures, Lisa Kimmel

University of Miami Business Law Review

No abstract provided.


The Role Of A Free Press And Freedom Of Expression In Developing Democracies, Irwin P. Stotzky Jan 2002

The Role Of A Free Press And Freedom Of Expression In Developing Democracies, Irwin P. Stotzky

University of Miami Law Review

No abstract provided.


The First Amendment And Speech-Based Torts: Recalibrating The Balance, Quin S. Landon Oct 2001

The First Amendment And Speech-Based Torts: Recalibrating The Balance, Quin S. Landon

University of Miami Law Review

No abstract provided.


Confederate License Plates At The Constitutional Crossroads: Vanity Plates, Special Registration Organization Plates, Bumper Stickers, Viewpoints, Vulgarity, And The First Amendment, Jack Achiezer Guggenheim, Jed M. Silversmith Apr 2000

Confederate License Plates At The Constitutional Crossroads: Vanity Plates, Special Registration Organization Plates, Bumper Stickers, Viewpoints, Vulgarity, And The First Amendment, Jack Achiezer Guggenheim, Jed M. Silversmith

University of Miami Law Review

No abstract provided.


When Rights Collide: Reconciling The First Amendment Rights Of Opposing Parties In Civil Litigation, Barbara Arco Jan 1998

When Rights Collide: Reconciling The First Amendment Rights Of Opposing Parties In Civil Litigation, Barbara Arco

University of Miami Law Review

No abstract provided.


First Principles And Fair Consideration: The Developing Clash Between The First Amendment And The Constructive Fraudulent Conveyance Laws, Jonathan C. Lipson Oct 1997

First Principles And Fair Consideration: The Developing Clash Between The First Amendment And The Constructive Fraudulent Conveyance Laws, Jonathan C. Lipson

University of Miami Law Review

No abstract provided.


Warning: Television Violence May Be Harmful To Children; But The First Amendment May Foil Congressional Attempts To Legislate Against It, Laura B. Schneider Dec 1994

Warning: Television Violence May Be Harmful To Children; But The First Amendment May Foil Congressional Attempts To Legislate Against It, Laura B. Schneider

University of Miami Law Review

No abstract provided.


Moral Rights And The First Amendment: Putting Honor Before Free Speech?, Kathryn A. Kelly Apr 1994

Moral Rights And The First Amendment: Putting Honor Before Free Speech?, Kathryn A. Kelly

University of Miami Entertainment & Sports Law Review

No abstract provided.


Of Supervision, Centerfolds, And Censorship: Sexual Harassment, The First Amendment, And The Contours Of Title Vii, Amy Horton Nov 1991

Of Supervision, Centerfolds, And Censorship: Sexual Harassment, The First Amendment, And The Contours Of Title Vii, Amy Horton

University of Miami Law Review

No abstract provided.


The Right To Arm Bears: Activists' Protests Against Hunting, Aileen M. Ugalde May 1991

The Right To Arm Bears: Activists' Protests Against Hunting, Aileen M. Ugalde

University of Miami Law Review

No abstract provided.


Subliminal Perception And The First Amendment: Yelling Fire In A Crowded Mind?, Scot Silverglate May 1990

Subliminal Perception And The First Amendment: Yelling Fire In A Crowded Mind?, Scot Silverglate

University of Miami Law Review

No abstract provided.


Flag Burning Yes, Loud Music No: What's The Catch?, Alicia Otazo Sorondo Mar 1990

Flag Burning Yes, Loud Music No: What's The Catch?, Alicia Otazo Sorondo

University of Miami Law Review

No abstract provided.


The Incidental Regulation Of Free Speech, David S. Day Jan 1988

The Incidental Regulation Of Free Speech, David S. Day

University of Miami Law Review

No abstract provided.


The "Political Propaganda" Label Under Fara: Abridgement Of Free Speech Or Legitimate Regulation?, Farrokh Jhabvala Jan 1987

The "Political Propaganda" Label Under Fara: Abridgement Of Free Speech Or Legitimate Regulation?, Farrokh Jhabvala

University of Miami Law Review

No abstract provided.


Fcc V. League Of Women Voters: Freedom Of Public Broadcasters To Editorialize, Kathy Gregolet May 1985

Fcc V. League Of Women Voters: Freedom Of Public Broadcasters To Editorialize, Kathy Gregolet

University of Miami Law Review

No abstract provided.


The Death Of A Princess Cases: Television Programming By State-Owned Public Broadcasters And Viewers' First Amendment Rights, Jonathan Goodman Jul 1982

The Death Of A Princess Cases: Television Programming By State-Owned Public Broadcasters And Viewers' First Amendment Rights, Jonathan Goodman

University of Miami Law Review

The United States Court of Appeals for the Fifth Circuit consolidated and reheard en banc two cases in which stateowned public television stations cancelled scheduled broadcasts because of the program's content. After examining the first amendment issues that arise when the government exercises editorial discretion in selecting programs, the author concludes that the Fifth Circuit's opinion does not sufficiently protect viewers' interests.


Toward A Constitutional Theory Of Expression: The Copyright Clause, The First Amendment, And Protection Of Individual Creativity, Jacqueline Shapiro Jul 1980

Toward A Constitutional Theory Of Expression: The Copyright Clause, The First Amendment, And Protection Of Individual Creativity, Jacqueline Shapiro

University of Miami Law Review

The author presents a unique theory of personal expression under the Constitution, which posits that underlying the first amendment and the copyright clause is the principle that the public good requires encouragement, not suppression, of individual expression. Historically, decisions undermining authors' copyrights in favor of other social goals discouraged the creativity necessary for cultural development, and Congress and the courts responded by increasing the protection of authors and expanding the domain of copyrightable works. Similarly, official proscription of commercial and offensive speech for less than the most urgent social needs threatens to inhibit the creative spirit protected by the first ...