First Amendment

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 […]

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 issue, exclaimed that “the motto of the Supreme Court of Tennessee is Fiat justicia ruat […]

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. During her campaign, Rickert distributed a brochure that falsely represented the voting record of her […]