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Full-Text Articles in Law
The Affordable Care Act And Religious Freedom: The Next Battleground, Terri R. Day
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
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
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
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 …
Civility In Government Meetings: Balancing First Amendment, Reputational Interests, And Efficiency, Terri R. Day, Erin Bradford
Civility In Government Meetings: Balancing First Amendment, Reputational Interests, And Efficiency, Terri R. Day, Erin Bradford
Terri R. Day
This article addresses the issue of civility in local government meetings and the constitutional considerations for adopting rules of decorum. While not constitutionally guaranteed, the right of citizens to participate in public meetings can be created by state statute or judicial fiat. Once created, any restrictions placed on citizen speech are subject to constitutional dictates. Matters of local government business inflame passions; and public comment sessions can become explosive. When disruption occurs, presiding officials must act to silence citizens’ voices or eject them from public meetings, in ways that do not trample on First Amendment rights. In creating parameters that …
Civility In Government Meetings: Balancing First Amendment, Reputations Intests, And Efficiency, Terri R. Day, Erin Bradford
Civility In Government Meetings: Balancing First Amendment, Reputations Intests, And Efficiency, Terri R. Day, Erin Bradford
Terri R. Day
This article addresses the issue of civility in local government meetings and the constitutional considerations for adopting rules of decorum. While not constitutionally guaranteed, the right of citizens to participate in public meetings can be created by state statute or judicial fiat. Once created, any restrictions placed on citizen speech are subject to constitutional dictates. Matters of local government business inflame passions; and public comment sessions can become explosive. When disruption occurs, presiding officials must act to silence citizens’ voices or eject them from public meetings, in ways that do not trample on First Amendment rights. In creating parameters that …
Déjà Vu: From Comic Books To Video Games: Legislative Reliance On “Soft Science” To Protect Against Uncertain Societal Harm Linked To Violence V. The First Amendment, Terri R. Day, Ryan C.W. Hall M.D.
Déjà Vu: From Comic Books To Video Games: Legislative Reliance On “Soft Science” To Protect Against Uncertain Societal Harm Linked To Violence V. The First Amendment, Terri R. Day, Ryan C.W. Hall M.D.
Terri R. Day
This article discusses the weaknesses and limitations of social science evidence to prove that the virtual world of violent video games causes any real world harm. The Supreme Court, in its next term, will consider the constitutionality of California’s ban on the sale and rental of violent video games to minors. The controversy on violent video games is the latest legislative attempt to ban access and distribution of violent materials to children, reminiscent of the comic books debate over sixty years ago. This paper goes beyond a discussion of the First Amendment obstacles to violent video game restrictions. It focuses …
Déjà Vu: From Comic Books To Video Games: Legislative Reliance On “Soft Science” To Protect Against Uncertain Societal Harm Linked To Violence V. The First Amendment, Terri R. Day, Ryan C.W. Hall M.D.
Déjà Vu: From Comic Books To Video Games: Legislative Reliance On “Soft Science” To Protect Against Uncertain Societal Harm Linked To Violence V. The First Amendment, Terri R. Day, Ryan C.W. Hall M.D.
Terri R. Day
This article discusses the weaknesses and limitations of social science evidence to prove that the virtual world of violent video games causes any real world harm. The Supreme Court, in its next term, will consider the constitutionality of California’s ban on the sale and rental of violent video games to minors. The controversy on violent video games is the latest legislative attempt to ban access and distribution of violent materials to children, reminiscent of the comic books debate over sixty years ago. This paper goes beyond a discussion of the First Amendment obstacles to violent video game restrictions. It focuses …
The New Digitial Dating Behavior - Sexting: Teens' Explicit Love Letters: Criminal Justice Or Civil Liability, Terri R. Day
The New Digitial Dating Behavior - Sexting: Teens' Explicit Love Letters: Criminal Justice Or Civil Liability, Terri R. Day
Terri R. Day
The New Digital Dating Behavior – Sexting: Teens’ Explicit Love Letters: Criminal Justice or Civil Liability proposes a unique response to the explosive combination of teens, sex and technology. This paper discusses why most teen sexting does not meet the Ferber definition of child pornography; therefore, a civil remedy for the dignitary and emotional harm caused by the public dissemination of private sexual pictures is far superior to imposing criminal sanctions. The proposed statutory civil cause of action would hold parents vicariously liable for the harms caused by their children’s sexting when done with actual malice. Recognizing that common law …
The New Digitial Dating Behavior - Sexting: Teens' Explicit Love Letters: Criminal Justice Or Civil Liability, Terri R. Day
The New Digitial Dating Behavior - Sexting: Teens' Explicit Love Letters: Criminal Justice Or Civil Liability, Terri R. Day
Terri R. Day
The New Digital Dating Behavior – Sexting: Teens’ Explicit Love Letters: Criminal Justice or Civil Liability proposes a unique response to the explosive combination of teens, sex and technology. This paper discusses why most teen sexting does not meet the Ferber definition of child pornography; therefore, a civil remedy for the dignitary and emotional harm caused by the public dissemination of private sexual pictures is far superior to imposing criminal sanctions. The proposed statutory civil cause of action would hold parents vicariously liable for the harms caused by their children’s sexting when done with actual malice. Recognizing that common law …
The New Digitial Dating Behavior - Sexting: Teens' Explicit Love Letters: Criminal Justice Or Civil Liability, Terri R. Day
The New Digitial Dating Behavior - Sexting: Teens' Explicit Love Letters: Criminal Justice Or Civil Liability, Terri R. Day
Terri R. Day
The New Digital Dating Behavior – Sexting: Teens’ Explicit Love Letters: Criminal Justice or Civil Liability proposes a unique response to the explosive combination of teens, sex and technology. This paper discusses why most teen sexting does not meet the Ferber definition of child pornography; therefore, a civil remedy for the dignitary and emotional harm caused by the public dissemination of private sexual pictures is far superior to imposing criminal sanctions. The proposed statutory civil cause of action would hold parents vicariously liable for the harms caused by their children’s sexting when done with actual malice. Recognizing that common law …