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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
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
The Four Eras Of Fcc Public Interest Regulation, Lili Levi
Articles
No abstract provided.
In Search Of Regulatory Equilibrium, Lili Levi
Above The Law? The Constitutionality Of The Ministerial Exemption From Antidiscrimination Law, Caroline Mala Corbin
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
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
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
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
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
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
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
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
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
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
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
Articles
No abstract provided.
Student Religious Expression In School: Is It Religion Or Speech, And Does It Matter, Gilbert A. Holmes
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
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
A Matter Of Opinion: Milkovich Four Years Later, Kathryn D. Sowle
Articles
No abstract provided.
Challenging The Autonomous Press (Book Review), Lili Levi
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
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
University of Miami Law Review
No abstract provided.
Corporate Legal Theory Under The First Amendment: Bellotti And Austin, Charles D. Watts Jr.
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
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
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
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
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
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
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
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
The "Political Propaganda" Label Under Fara: Abridgement Of Free Speech Or Legitimate Regulation?, Farrokh Jhabvala
University of Miami Law Review
No abstract provided.