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Full-Text Articles in Law

Extending The Roberts Court’S Affirmation Of Individual Expressive Rights To The First Amendment Claim In Masterpiece Cakeshop, Nancy J. Whitmore May 2020

Extending The Roberts Court’S Affirmation Of Individual Expressive Rights To The First Amendment Claim In Masterpiece Cakeshop, Nancy J. Whitmore

Scholarship and Professional Work - Communication

No abstract provided.


Facing The Fear: A Free Market Approach For Economic Expression, Nancy J. Whitmore Jan 2012

Facing The Fear: A Free Market Approach For Economic Expression, Nancy J. Whitmore

Scholarship and Professional Work - Communication

Commentators differ on whether a diminished constitutional status for profit-driven speech is consistent with free speech theory. Most recently, the Supreme Court of the United States in Citizens United v. Federal Election Commission largely embraced an unfettered marketplace approach for political speech financed by corporate treasuries. Given the harm a free market approach is said to have produced in the economic realm, is this approach useful for structuring the constitutional protection economic expression receives? This article discusses the placement of economic expression within First Amendment theory and contends that restrictions on economic speech should be aimed at combating deceptive economic …


Affective Labor And Governmental Policy: George W. Bush's New Freedom Commission On Mental Health, Kristin A. Swenson Jan 2011

Affective Labor And Governmental Policy: George W. Bush's New Freedom Commission On Mental Health, Kristin A. Swenson

Scholarship and Professional Work - Communication

As affective labor is becoming more dominant in contemporary capitalism, the affect of the body politic is increasingly important. This article argues for a theory of the affective state apparatus to account for the state‟s role in governing the affect of the population. An analysis of George W. Bush‟s Achieving the Promise: Transforming Mental Health Care in America reveals that an affective state apparatus functions to capture, constitute, and circulate the affects of the population. This article contends that an affective state apparatus operates through the very intimacies of our bodies in order to produce ever more efficient and productive …


First Amendment Showdown: Intellectual Diversity Mandates And The Academic Marketplace, Nancy Whitmore Jan 2008

First Amendment Showdown: Intellectual Diversity Mandates And The Academic Marketplace, Nancy Whitmore

Scholarship and Professional Work - Communication

Once described as a quintessential marketplace of ideas by the Supreme Court of the United States, the academic marketplace has been criticized recently for institutionalizing a left-leaning ideology within its curriculum and academic discourse. As a result, national activists and organizations have been calling on state legislatures and university administrators to adopt policies and report on steps taken to encourage intellectual diversity and protect political and cultural minorities from faculty bias and academic retribution in the classroom and other university settings. But who would win a constitutional showdown between the academy and those seeking to infuse academic discourse with alternative …


Vicarious Liability And The Private University Student Press, Nancy Whitmore Jan 2006

Vicarious Liability And The Private University Student Press, Nancy Whitmore

Scholarship and Professional Work - Communication

Once described as a quintessential marketplace of ideas by the Supreme Court of the United States, the academic marketplace has been criticized recently for institutionalizing a left-leaning ideology within its curriculum and academic discourse. As a result, national activists and organizations have been calling on state legislatures and university administrators to adopt policies and report on steps taken to encourage intellectual diversity and protect political and cultural minorities from faculty bias and academic retribution in the classroom and other university settings. But who would win a constitutional showdown between the academy and those seeking to infuse academic discourse with alternative …


The Influence Of The Paramount Decision On Network Television In America, Gary Edgerton, Cathy Pratt Jan 1983

The Influence Of The Paramount Decision On Network Television In America, Gary Edgerton, Cathy Pratt

Scholarship and Professional Work - Communication

At the 1972 National Association of Broadcasters Convention in Chicago, the assembled gathering was surprised to receive a mailed greeting from their sometimes adversary, President Richard Nixon, which claimed, "In no other country does the broadcaster have more freedom than in the United States, and I emphasize that my Administration is dedicated to preserving that heritage." Four days later, however, the Justice Department filed against NBC, CBS, ABC, and Viacom International, then a CBS subsidiary in the business of syndicating television programming, an antitrust suit which alleged that the networks were guilty of various trade-restraining and monopolistic activities under Sections …