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

Law Commons

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

Constitutional Law

PDF

Florida State University College of Law

First Amendment

Articles 1 - 9 of 9

Full-Text Articles in Law

Privacy Petitions And Institutional Legitimacy, Lauren Henry Scholz Feb 2016

Privacy Petitions And Institutional Legitimacy, Lauren Henry Scholz

Scholarly Publications

This Article argues that a petitions process for privacy concerns arising from new technologies would substantially aid in gauging privacy social norms and legitimating regulation of new technologies. An accessible, transparent petitions process would empower individuals who have privacy concerns by making their proposals for change more visible. Moreover, data accumulated from such a petitions process would provide the requisite information to enable institutions to incorporate social norms into privacy policy development. Hearing and responding to privacy petitions would build trust with the public regarding the role of government and large companies in shaping the modern privacy technical infrastructure. This …


Voting Is Association, Daniel P. Tokaji Jan 2016

Voting Is Association, Daniel P. Tokaji

Florida State University Law Review

No abstract provided.


Partitioning And Rights: The Supreme Court's Accidental Jurisprudence Of Democratic Process, James A. Gardner Oct 2014

Partitioning And Rights: The Supreme Court's Accidental Jurisprudence Of Democratic Process, James A. Gardner

Florida State University Law Review

In democracies that allocate to a court responsibility for interpreting and enforcing the constitutional ground rules of democratic politics, the sheer importance of the task would seem to oblige such courts to guide their rulings by developing an account of the nature and prominent features of the constitutional commitment to democracy. The U.S. Supreme Court, however, has from the beginning refused to develop a general account—a theory—of how the U.S. Constitution establishes and structures democratic politics. The Court’s diffidence left a vacuum at the heart of its constitutional jurisprudence of democratic process, and like most vacuums, this one was almost …


Graphic Labels, Dire Warnings And The Facile Assumption Of Factual Content In Compelled Commercial Speech, Nat Stern Jul 2014

Graphic Labels, Dire Warnings And The Facile Assumption Of Factual Content In Compelled Commercial Speech, Nat Stern

Scholarly Publications

No abstract provided.


Taxes, Free Expression, And Adult Entertainment, Steve R. Johnson Oct 2011

Taxes, Free Expression, And Adult Entertainment, Steve R. Johnson

Scholarly Publications

The interaction of morality and money produces interesting results. One manifestation is legislation in some states and proposals in others to impose higher taxes on “gentlemen’s show lounges” (OK, I mean strip clubs) and other venues of adult entertainment.

In 2010 and 2011 two state supreme courts passed on the legality of different forms of those taxes, upholding them against challenges that they infringed on free speech/free expression rights protected by the First Amendment of the U.S. Constitution. This installment of the column considers those two decisions: the February 2010 Utah decision in Bushco v. Utah State Tax Commi …


Choppy Waters Are Forecast For Academic Free Speech, Rachel E. Fugate Oct 1998

Choppy Waters Are Forecast For Academic Free Speech, Rachel E. Fugate

Florida State University Law Review

No abstract provided.


Mccall V. State, 354 So. 2d 869 (Fla. 1978), Arthur C. Beal, Jr. Oct 1979

Mccall V. State, 354 So. 2d 869 (Fla. 1978), Arthur C. Beal, Jr.

Florida State University Law Review

Constitutional Law-THE FINE LINE BETWEEN PROTECTED AND NON-PROTECTED SPEECH


Spears V. State, 337 So. 2d 977 (Fla. 1976), John Mueller Apr 1978

Spears V. State, 337 So. 2d 977 (Fla. 1976), John Mueller

Florida State University Law Review

Constitutional Law- SPEECH- FLORIDA'S INDECENT AND OBSCENE LANGUAGE STATUTE DECLARED UNCONSTITUTIONAL ON ITS FACE FOR OVERBREADTH.


The Federal Election Campaign Act Amendments Of 1974: The Constitutionality Of Limiting Political Advertising By The Non-Candidate, John P. Hollihan Apr 1975

The Federal Election Campaign Act Amendments Of 1974: The Constitutionality Of Limiting Political Advertising By The Non-Candidate, John P. Hollihan

Florida State University Law Review

No abstract provided.