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2012

SelectedWorks

First Amendment

Terri R. Day

Articles 1 - 4 of 4

Full-Text Articles in Law

The Affordable Care Act And Religious Freedom: The Next Battleground, Terri R. Day Aug 2012

The Affordable Care Act And Religious Freedom: The Next Battleground, Terri R. Day

Terri R. Day

This article presents a comprehensive analysis of the Health and Human Services (HHS) Mandate, which is the controversial required insurance coverage for preventative and wellness services, which include all FDA approved contraceptives, sterilizations, and related patient education and counseling. Failure to provide this coverage will result in an employer penalty. Non-exempt religious employers/insurers contend that this Mandate requires them to violate their freedom of conscience or suffer a penalty. The article discusses the religious reaction to the Mandate and provides a thorough legal analysis of the constitutional issues. Based on the recent health care decision and the likelihood that the …


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 …