First Amendment

David A. Karp, Why Justice Thomas Should Speak at Oral Argument

61 Fla. L. Rev. 611 (2009) | | | | INTRODUCTION :: The oral argument before the United States Supreme Court in Morse v. Frederick began at 10:03 a.m. in typical fashion, like a high-speed game of chess. Forty-two seconds into the argument, Justice Anthony Kennedy cut off the advocate in mid-sentence. For the next […]

David A. Anderson, Confidential Sources Reconsidered

61 Fla. L. Rev. 883 (2009) | | | | INTRODUCTION :: For fifty years, the courts have debated whether the First Amendment guarantee of freedom of the press requires that journalists be allowed to protect confidential sources. Many state and federal courts have answered in the affirmative, creating a First Amendment “reporter’s privilege.” The […]

Lindsay M. Saxe, Politics versus Precision: Did the Miami-Dade School Board Violate the First Amendment when it Voted to Remove Vamos a Cuba! from its District libraries?: ACLU v. Miami-Dade County School Board, 557 F.3d 1177 (11th Cir. 2009)

61 Fla. L. Rev. 921 (2009) | | | | INTRODUCTION :: Juan Amador, a self-described political prisoner from Cuba, was outraged when he read the inaccurate portrayal of life in Cuba contained in Vamos a Cuba!, a book in his daughter’s elementary school library. Amador promptly requested that the school remove the book from […]

Kristen Rasmussen, Shedding (False) Light: How the Florida Supreme Court's Rejection of the Tort Falsely Implies Protection for Media Defendants: Jews for Jesus, Inc. v. Rapp, 997 So. 2d 1098 (Fla. 2008)

61 Fla. L. Rev. 911 (2009) | | | | INTRODUCTION :: Edith and Marty Rapp, a Jewish Florida couple, were married until Marty’s death in 2003. Bruce Rapp, Marty’s son and Edith’s stepson, worked for Jews for Jesus. Prior to Marty’s death, Bruce included the following account in a Jews for Jesus newsletter: I […]

Emily Gold Waldman, Returning to Hazelwood's Core: A New Approach to Restrictions on School- Sponsored Speech

60 Fla. L. Rev. 63 (2008) | | | | INTRODUCTION :: Nearly twenty years ago in Hazelwood School District v. Kuhlmeier, the Supreme Court, in upholding the constitutionality of a public high school principal’s censorship of a student newspaper produced in a journalism class, held that “educators do not offend the First Amendment by […]

Samuel J. Horovitz, Two Wrongs Don't Negate a Copyright: Don't Make Students Turnitin if You Won't Give it Back

60 Fla. L. Rev. 229 (2008) | | | | INTRODUCTION :: The story goes something like this: There was a particularly difficult college professor notorious for a low grading scale. After years of low grade following low grade, one paper finally earned a B minus, the highest grade ever awarded by this professor. Word […]