Category Archives: First Amendment

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 … Continue reading

Posted in Copyright Law, Education Law, First Amendment, Intellectual Property, Trade Law, Uncategorized | Tagged , , , , , , , , , | Comments Off

Stephen A. Higginson, Constitutional Advocacy Explains Constitutional Outcomes

60 Fla. L. Rev. 857 (2008) | | | | INTRODUCTION :: In oral argument in Baker v. Carr, Attorney Z.T. Osborn, Jr., on behalf of Tennessee voters arguing that the U.S. Supreme Court should hold legislative apportionment a justiciable … Continue reading

Posted in Attorney Practice, Civil Rights Law, Constitutional Law, First Amendment, Governments and Legislation, Uncategorized | Tagged , , , , , , , , , , , , , , , , | Comments Off

Simon A. Rodell, False Statements v. Free Debate: Is the First Amendment a License to Lie in Elections?

60 Fla. L. Rev. 947 (2008) | | | | TEXT :: Rickert v. Public Disclosure Commission, 168 P.3d 826 (Wash. 2007) The petitioner, Marilou Rickert, ran as a Green Party candidate for a seat in the Washington state senate. … Continue reading

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Giannina Marin, Possession of Child Pornography: Should You be Convicted When the Computer Cache Does the Saving for You?

60 Fla. L. Rev. 1205 (2008) | | | | INTRODUCTION :: “For years, defense lawyers have argued the ‘young and stupid’ semi-defense for their youthful clients. Now, we can have the ‘I didn’t know it was on the hard … Continue reading

Posted in Computer & Internet Law, Constitutional Law, Criminal Law, Criminal Procedure, First Amendment, Uncategorized | Tagged , , , , , , | Comments Off

Timothy Zick, Clouds, Cameras, and Computers: The First Amendment and Networked Public Places

59 Fla. L. Rev. 1 (2007) | | | | INTRODUCTION :: It seems to be a common assumption that physical places like parks, sidewalks, and public squares, and “cyber-places” like the Web, constitute separate locations of communication. In reality, … Continue reading

Posted in Communications Law, Computer & Internet Law, Constitutional Law, Employment Law, First Amendment, Fourth Amendment, Judicial Systems, Labor & Employment Law, Property Law, Uncategorized | Tagged , , , , , , , , , , , , , , , , , | Comments Off

Mary-Rose Papandrea, Student Speech Rights in the Digital Age

60 Fla. L. Rev. 1027 (2008) | | | | ABSTRACT :: For several decades courts have struggled to determine when, if ever, public schools should have the power to restrict student expression that does not occur on school grounds … Continue reading

Posted in Computer & Internet Law, Constitutional Law, Family Law, First Amendment, Fourth Amendment, Uncategorized | Tagged , , , , , , , , , | Comments Off