Fighting Keywords: Translating the First Amendment to Protect Software Speech

If it quacks like a duck: reviewing health care providers' speech restrictions under the first prong of Central Hudson.

The First Amendment protects the speech of health care providers. This protection can limit states' abilities to protect patients from harmful therapies involving speech, such as sexual orientation change efforts. Because providers' speech is more similar to commercial speech than traditional political discourse, it is possible to create a First Amendment review analysis that better balances st...

Removing the "Silencer": Coverage and Protection of Physician Speech Under the First Amendment.

The physician-patient relationship rests on a bedrock of trust. Without trust, patients--and for that matter, physicians--are less willing to divulge information critical to providing accurate medical diagnoses and treatments. The state of Florida seemingly ignored this when its legislature, with support from the National Rifle Association and other pro-gun advocates, enacted the Firearm Owners...

Fighting the New Wars of Religion: The Need for a Tolerant First Amendment

No Strict Liability for Manufacturer of Unavoidably Unsafe Blood-Clotting Agent Which Gave Woman AIDS

not an overwhelming burden to the newspaper. Also, because the number of black models used would be entirely discretionary, such requirements would not impose a "quota" on the inclusion of black models. Furthermore, the court held that inclusion of such models would not significantly burden the numerous arbitrary decisions made in every advertisement. Based on the standards above, the court hel...

Television food marketing to children revisited: the Federal Trade Commission has the constitutional and statutory authority to regulate.

The evidence reveals that young children are targeted by food and beverage advertisers but are unable to comprehend the commercial context and persuasive intent of marketing. Although the First Amendment protects commercial speech, it does not protect deceptive and misleading speech for profit. Marketing directed at children may fall into this category of unprotected speech. Further, children d...