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Full-Text Articles in Law

For Freedom Or Full Of It? State Attempts To Silence Social Media, Grace Slicklen Oct 2023

For Freedom Or Full Of It? State Attempts To Silence Social Media, Grace Slicklen

University of Miami Law Review

Freedom of speech is, unsurprisingly, foundational to the “land of the free.” However, the “land of the free” has undergone some changes since the First Amendment’s ratification. Unprecedented technological evolution has ushered in a digital forum in which the volume, speed, and reach of words transcend the Framers’ visions of the First Amendment’s aims. Social media platforms have become central spaces for public discourse, where opportunities to create—and repress—speech are endless. From enabling individuals to freely express their views, to allowing state actors to limit open exchanges, it is about time that the Supreme Court tackles this complex issue of …


Keynote Address, Justice John Paul Stevens (Ret.) Mar 2017

Keynote Address, Justice John Paul Stevens (Ret.)

University of Miami Law Review

No abstract provided.


Citizens United: How The New Campaign Finance Jurisprudence Has Been Shaped By Previous Dissents, David Axelman Oct 2010

Citizens United: How The New Campaign Finance Jurisprudence Has Been Shaped By Previous Dissents, David Axelman

University of Miami Law Review

No abstract provided.


Content-Based And Content-Neutral Regulation Of Speech: The Limitations Of A Common Distinction, R. George Wright Apr 2006

Content-Based And Content-Neutral Regulation Of Speech: The Limitations Of A Common Distinction, R. George Wright

University of Miami Law Review

No abstract provided.


The Indispensable State, Irwin P. Stotzky Oct 2003

The Indispensable State, Irwin P. Stotzky

University of Miami Law Review

No abstract provided.


The Role Of A Free Press And Freedom Of Expression In Developing Democracies, Irwin P. Stotzky Jan 2002

The Role Of A Free Press And Freedom Of Expression In Developing Democracies, Irwin P. Stotzky

University of Miami Law Review

No abstract provided.


The First Amendment And Speech-Based Torts: Recalibrating The Balance, Quin S. Landon Oct 2001

The First Amendment And Speech-Based Torts: Recalibrating The Balance, Quin S. Landon

University of Miami Law Review

No abstract provided.


Confederate License Plates At The Constitutional Crossroads: Vanity Plates, Special Registration Organization Plates, Bumper Stickers, Viewpoints, Vulgarity, And The First Amendment, Jack Achiezer Guggenheim, Jed M. Silversmith Apr 2000

Confederate License Plates At The Constitutional Crossroads: Vanity Plates, Special Registration Organization Plates, Bumper Stickers, Viewpoints, Vulgarity, And The First Amendment, Jack Achiezer Guggenheim, Jed M. Silversmith

University of Miami Law Review

No abstract provided.


When Rights Collide: Reconciling The First Amendment Rights Of Opposing Parties In Civil Litigation, Barbara Arco Jan 1998

When Rights Collide: Reconciling The First Amendment Rights Of Opposing Parties In Civil Litigation, Barbara Arco

University of Miami Law Review

No abstract provided.


First Principles And Fair Consideration: The Developing Clash Between The First Amendment And The Constructive Fraudulent Conveyance Laws, Jonathan C. Lipson Oct 1997

First Principles And Fair Consideration: The Developing Clash Between The First Amendment And The Constructive Fraudulent Conveyance Laws, Jonathan C. Lipson

University of Miami Law Review

No abstract provided.


Warning: Television Violence May Be Harmful To Children; But The First Amendment May Foil Congressional Attempts To Legislate Against It, Laura B. Schneider Dec 1994

Warning: Television Violence May Be Harmful To Children; But The First Amendment May Foil Congressional Attempts To Legislate Against It, Laura B. Schneider

University of Miami Law Review

No abstract provided.


Of Supervision, Centerfolds, And Censorship: Sexual Harassment, The First Amendment, And The Contours Of Title Vii, Amy Horton Nov 1991

Of Supervision, Centerfolds, And Censorship: Sexual Harassment, The First Amendment, And The Contours Of Title Vii, Amy Horton

University of Miami Law Review

No abstract provided.


The Right To Arm Bears: Activists' Protests Against Hunting, Aileen M. Ugalde May 1991

The Right To Arm Bears: Activists' Protests Against Hunting, Aileen M. Ugalde

University of Miami Law Review

No abstract provided.


Subliminal Perception And The First Amendment: Yelling Fire In A Crowded Mind?, Scot Silverglate May 1990

Subliminal Perception And The First Amendment: Yelling Fire In A Crowded Mind?, Scot Silverglate

University of Miami Law Review

No abstract provided.


Flag Burning Yes, Loud Music No: What's The Catch?, Alicia Otazo Sorondo Mar 1990

Flag Burning Yes, Loud Music No: What's The Catch?, Alicia Otazo Sorondo

University of Miami Law Review

No abstract provided.


The Incidental Regulation Of Free Speech, David S. Day Jan 1988

The Incidental Regulation Of Free Speech, David S. Day

University of Miami Law Review

No abstract provided.


The "Political Propaganda" Label Under Fara: Abridgement Of Free Speech Or Legitimate Regulation?, Farrokh Jhabvala Jan 1987

The "Political Propaganda" Label Under Fara: Abridgement Of Free Speech Or Legitimate Regulation?, Farrokh Jhabvala

University of Miami Law Review

No abstract provided.


Fcc V. League Of Women Voters: Freedom Of Public Broadcasters To Editorialize, Kathy Gregolet May 1985

Fcc V. League Of Women Voters: Freedom Of Public Broadcasters To Editorialize, Kathy Gregolet

University of Miami Law Review

No abstract provided.


The Death Of A Princess Cases: Television Programming By State-Owned Public Broadcasters And Viewers' First Amendment Rights, Jonathan Goodman Jul 1982

The Death Of A Princess Cases: Television Programming By State-Owned Public Broadcasters And Viewers' First Amendment Rights, Jonathan Goodman

University of Miami Law Review

The United States Court of Appeals for the Fifth Circuit consolidated and reheard en banc two cases in which stateowned public television stations cancelled scheduled broadcasts because of the program's content. After examining the first amendment issues that arise when the government exercises editorial discretion in selecting programs, the author concludes that the Fifth Circuit's opinion does not sufficiently protect viewers' interests.


Toward A Constitutional Theory Of Expression: The Copyright Clause, The First Amendment, And Protection Of Individual Creativity, Jacqueline Shapiro Jul 1980

Toward A Constitutional Theory Of Expression: The Copyright Clause, The First Amendment, And Protection Of Individual Creativity, Jacqueline Shapiro

University of Miami Law Review

The author presents a unique theory of personal expression under the Constitution, which posits that underlying the first amendment and the copyright clause is the principle that the public good requires encouragement, not suppression, of individual expression. Historically, decisions undermining authors' copyrights in favor of other social goals discouraged the creativity necessary for cultural development, and Congress and the courts responded by increasing the protection of authors and expanding the domain of copyrightable works. Similarly, official proscription of commercial and offensive speech for less than the most urgent social needs threatens to inhibit the creative spirit protected by the first …