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First Amendment Commons™

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University of Miami Law School

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Articles 91 - 120 of 134

Full-Text Articles in First Amendment

Mixed Speech: When Speech Is Both Private And Governmental, Caroline Mala Corbin Jan 2008

Mixed Speech: When Speech Is Both Private And Governmental, Caroline Mala Corbin

Articles

Speech is generally considered to be either private or governmental, and this dichotomy is embedded in First Amendment jurisprudence. However, speech is often neither purely private nor purely governmental but rather a combination of the two. Nonetheless, the Supreme Court has not yet recognized mixed speech as a distinct category of speech. This Article suggests considerations for identifying mixed speech and exposes the shortcomings of the current approach of classifying all speech as either private or governmental when determining whether viewpoint restrictions pass First Amendment muster. Treating mixed speech as government speech gives short shrift to the free speech interests …


The Four Eras Of Fcc Public Interest Regulation, Lili Levi Jan 2008

The Four Eras Of Fcc Public Interest Regulation, Lili Levi

Articles

No abstract provided.


In Search Of Regulatory Equilibrium, Lili Levi Jan 2007

In Search Of Regulatory Equilibrium, Lili Levi

Articles

No abstract provided.


Above The Law? The Constitutionality Of The Ministerial Exemption From Antidiscrimination Law, Caroline Mala Corbin Jan 2007

Above The Law? The Constitutionality Of The Ministerial Exemption From Antidiscrimination Law, Caroline Mala Corbin

Articles

No abstract provided.


Out Of Thin Air: Using First Amendment Public Forum Analysis To Redeem American Broadcasting Regulation, Anthony E. Varona Jan 2006

Out Of Thin Air: Using First Amendment Public Forum Analysis To Redeem American Broadcasting Regulation, Anthony E. Varona

Articles

American television and radio broadcasters are uniquely privileged among Federal Communications Commission (FCC) licensees. Exalted as public trustees by the 1934 Communications Act, broadcasters pay virtually nothing for the use of their channels of public radiofrequency spectrum, unlike many other FCC licensees who have paid billions of dollars for similar digital spectrum. Congress envisioned a social contract of sorts between broadcast licensees and the communities they served. In exchange for their free licenses, broadcast stations were charged with providing a platform for a "free marketplace of ideas" that would cultivate a democratically engaged and enlightened citizenry through the broadcasting of …


Mocking George: Political Satire As "True Threat" In The Age Of Global Terrorism, Lauren Gilbert Apr 2004

Mocking George: Political Satire As "True Threat" In The Age Of Global Terrorism, Lauren Gilbert

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.


Faith In Justice: Fiduciaries, Malpractice & Sexual Abuse By Clergy, Zanita E. Fenton Jan 2001

Faith In Justice: Fiduciaries, Malpractice & Sexual Abuse By Clergy, Zanita E. Fenton

Articles

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.


Nelson V. Mcclatchy Newspapers: What Happens When Freedom Of The Press Collides With Free Speech?, Adam Horowitz Jan 2000

Nelson V. Mcclatchy Newspapers: What Happens When Freedom Of The Press Collides With Free Speech?, Adam Horowitz

University of Miami Law Review

No abstract provided.


Reporting The Official Truth: The Revival Of The Fcc's News Distortion Policy, Lili Levi Jan 2000

Reporting The Official Truth: The Revival Of The Fcc's News Distortion Policy, Lili Levi

Articles

No abstract provided.


Free Speech And The Development Of Liberal Virtues: An Examination Of The Controversies Involving Flag-Burning And Hate Speech, Kenneth D. Ward Apr 1998

Free Speech And The Development Of Liberal Virtues: An Examination Of The Controversies Involving Flag-Burning And Hate Speech, Kenneth D. Ward

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.


The Association Of American Law Schools, Section On Mass Communications Law 1997 Annual Conference Panel: Sex, Violence, Children & The Media: Legal, Historical &Empirical Perspectives, Lili Levi Jan 1997

The Association Of American Law Schools, Section On Mass Communications Law 1997 Annual Conference Panel: Sex, Violence, Children & The Media: Legal, Historical &Empirical; Perspectives, Lili Levi

Articles

No abstract provided.


Student Religious Expression In School: Is It Religion Or Speech, And Does It Matter, Gilbert A. Holmes Dec 1994

Student Religious Expression In School: Is It Religion Or Speech, And Does It Matter, Gilbert A. Holmes

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.


A Matter Of Opinion: Milkovich Four Years Later, Kathryn D. Sowle Jan 1994

A Matter Of Opinion: Milkovich Four Years Later, Kathryn D. Sowle

Articles

No abstract provided.


Challenging The Autonomous Press (Book Review), Lili Levi Jan 1993

Challenging The Autonomous Press (Book Review), Lili Levi

Articles

No abstract provided.


Essay: The First Amendment Right Of Access To Clients And Counsel: Hrc V. Baker, Siobhan Helene Shea, Richard Daniel Tannenbaum Jul 1992

Essay: The First Amendment Right Of Access To Clients And Counsel: Hrc V. Baker, Siobhan Helene Shea, Richard Daniel Tannenbaum

University of Miami Inter-American 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.


Corporate Legal Theory Under The First Amendment: Bellotti And Austin, Charles D. Watts Jr. Nov 1991

Corporate Legal Theory Under The First Amendment: Bellotti And Austin, Charles D. Watts Jr.

University of Miami Law Review

No abstract provided.


The Great 1989-1990 Flag Flap: An Historical, Political, And Legal Analysis, Robert Justin Goldstein Sep 1990

The Great 1989-1990 Flag Flap: An Historical, Political, And Legal Analysis, Robert Justin Goldstein

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 Right To Refuse Mental Health Treatment: A First Amendment Perspective, Bruce J. Winick Sep 1989

The Right To Refuse Mental Health Treatment: A First Amendment Perspective, Bruce J. Winick

University of Miami Law Review

No abstract provided.


Indirect Gag Orders And The Doctrine Of Prior Restraint, Sheryl A. Bjork Sep 1989

Indirect Gag Orders And The Doctrine Of Prior Restraint, Sheryl A. Bjork

University of Miami Law Review

No abstract provided.


Rico's Forfeiture Provision: A First Amendment Restraint On Adult Bookstores, Ana Maria Marin Nov 1988

Rico's Forfeiture Provision: A First Amendment Restraint On Adult Bookstores, Ana Maria Marin

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.