Law Commons^™

Public Forum 2.1: Public Higher Education Institutions And Social Media, Robert H. Jerry Ii, Lyrissa Barnett Lidsky

Lyrissa Barnett Lidsky

Like most of us, public colleges and universities increasingly are communicating via Facebook, Second Life, YouTube, Twitter and other social media. Unlike most of us, public colleges and universities are government actors, and their social media communications present complex administrative and First Amendment challenges. The authors of this article — one the dean of a major public university law school responsible for directing its social media strategies, the other a scholar of social media and the First Amendment — have combined their expertise to help public university officials address these challenges. To that end, this article first examines current and …

Should Musicians Be Jailed For Their Threatening Lyrics?, Alan E. Garfield

Alan E Garfield

No abstract provided.

Public Forum 2.1: Public Higher Education Institutions And Social Media, Robert H. Jerry Ii, Lyrissa Barnett Lidsky

Robert H. Jerry II

Like most of us, public colleges and universities increasingly are communicating via Facebook, Second Life, YouTube, Twitter and other social media. Unlike most of us, public colleges and universities are government actors, and their social media communications present complex administrative and First Amendment challenges. The authors of this article — one the dean of a major public university law school responsible for directing its social media strategies, the other a scholar of social media and the First Amendment — have combined their expertise to help public university officials address these challenges. To that end, this article first examines current and …

The Worst Test Of Truth: The "Marketplace Of Ideas" As Faulty Metaphor, Thomas W. Joo

Thomas W Joo

In his famous dissent in Abrams v. United States, Justice Holmes proclaimed that “the best test of truth is the power of the thought to get itself accepted in the competition of the market.” This Article critiques the basic argument against speech regulation that has developed from the “marketplace of ideas” metaphor: that speech should be “free” because markets are “free,” and because free markets produce “truth.” These assertions about markets are taken for granted, but they portray markets and market regulation inaccurately; thus economic markets provide a poor analogy for the deregulation of speech.

First Amendment jurisprudence invokes the …

Begging To Be Constitutional, Magali Sanders

Magali J Sanders

This comment argues that a City of Miami ordinance prohibiting begging, soliciting, and panhandling in the Downtown business district is constitutional because it is aimed at combating the secondary effects of soliciting. Traditionally, courts have analyzed content-based and content-neutral speech restrictions using strict and intermediate scrutiny tests, respectively.

This comment urges courts to use the secondary effects test applied in City of Renton v. Playtime Theatres, Inc., where the court upheld a zoning ordinance prohibiting adult movie theatres from locating within a certain distance of residential homes. The court focused on the purpose of the ordinance, which was to …