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Articles 1 - 4 of 4
Full-Text Articles in Communications Law
The Secretary's Emails: The Intersection Of Transparency, Security, And Technology, Joshua Jacobson
The Secretary's Emails: The Intersection Of Transparency, Security, And Technology, Joshua Jacobson
Florida Law Review
Transparency laws are designed to inform the public of government workings and to hold government officials accountable to the people. The emergence of email has amplified the government’s communicative abilities and simultaneously created major challenges for records management. These challenges were put on full display when it was revealed that Hillary Clinton exclusively used a private email address and server for government business while serving as Secretary of State. The email arrangement Clinton used was permissible under the law at that time, and despite recent changes, government employees may still use private email for non-classified correspondence so long as the …
Does The Telephone Consumer Protection Act Violate Due Process As Applied?, J. Gregory Sidak
Does The Telephone Consumer Protection Act Violate Due Process As Applied?, J. Gregory Sidak
Florida Law Review
The Telephone Consumer Protection Act of 1991 (TCPA) subjects a telemarketer’s use of autodialed telephone calls, automated text messages, and faxes to statutory damages of $500 per violation or up to $1,500 per willful violation. Depending on the circumstances of the violating communication, the TCPA’s penalties can exceed by orders of magnitude any plausible economic estimate of the recipient’s actual harm, such that the TCPA, as applied, likely violates the Due Process Clause of the Fifth Amendment.
Intentional Infliction Of Emotional Distress & The Hulk Hogan Sex Tape: Examining A Forgotten Cause Of Action In Bollea V. Gawker Media, The Gap It Reveals In Iied’S Constitutionalization, And A Path Forward For Revenge Porn Victims, Clay Calvert
UF Law Faculty Publications
This Article examines Hulk Hogan's successful, yet largely overlooked, cause of action for intentional infliction of emotional distress (IIED) before a Florida jury in 2016 in Bollea v. Gawker Media, LLC. In doing so, the Article explores critical factual differences between Bollea and the U.S. Supreme Court's two decisions constitutionalizing the IIED tort, Hustler Magazine v. Falwell and Snyder v. Phelps. Despite such distinctions, the Article discusses the trial court's instruction to the jury to consider a First Amendment-based, public-concern defense - one closely akin to that in Snyder - on Hulk Hogan's IIED claim. The Article also …
Indecency Four Years After Fox Television Stations: From Big Papi To A Porn Star, An Egregious Mess At The Fcc Continues, Clay Calvert, Minch Minchin, Keran Billaud, Kevin Bruckenstein, Tershone Phillips
Indecency Four Years After Fox Television Stations: From Big Papi To A Porn Star, An Egregious Mess At The Fcc Continues, Clay Calvert, Minch Minchin, Keran Billaud, Kevin Bruckenstein, Tershone Phillips
UF Law Faculty Publications
Using the WDBJ case as an analytical springboard, this article examines the tumultuous state of the FCC's indecency enforcement regime more than three years after the Supreme Court's June 2012 opinion in Fox Television Stations. Part I of this article briefly explores the missed First Amendment opportunities in Fox Television Stations, as well as some possible reasons why the Supreme Court chose to avoid the free-speech questions in that case." Part II addresses the FCC's decision in September 2012 to target only egregious instances of broadcast indecency and, in the process, to jettison hundreds of thousands of complaints that had …