With apologies to my academic friends: it is sometimes said that arguments in academia are especially vehement because the stakes are so low. However, from the perspective of Florida community college professor Isabel Del Pino-Allen, the stakes in her defamation...
First Amendment
Open Government and the Importance of Lobbyists’ Transparency
Open government is the best government, and we are fortunate that Florida has some of the strongest open records laws and policies in the country. Though not perfect, they do a good job of promoting a more transparent and accountable government. One such policy began...
Marks Gray Attorney Ed Birk’s TV Interview with News4Jax
On January 31, 2018, Marks Gray news media and First Amendment attorney Edward Birk was interviewed outside the Duval County courthouse by New4Jax. Birk represents Graham Media Group/News4Jax in a dispute about what evidence will be made public in the high-profile...
Attorney David Boies’s Career-Killing Ethical Breach for Weinstein
Many have wondered how Harvey Weinstein’s story went unreported for so long. Part of the reason may have come to light in a recent New Yorker article. According to the New Yorker article, and other news coverage, Weinstein hired attorneys and private intelligence...
Flipping the Bird at the President Is Protected Speech; Bragging about It on Social Media, Not So Smart
A recent court case reaffirmed that flipping the bird in protest is usually protected speech, not disorderly conduct. When the gesture is used to express contempt, anger, or protest, and not a “true threat,” in most situations a person cannot be guilty of a crime....
Could the President Punish NBC News for What He Says Is a False Report?
A recent NBC News report said that the president wanted an almost tenfold increase to our nuclear warhead stockpile. Trump was quick to claim the story was “made up and “pure fiction” on Twitter. He followed that up with a tweet threatening the broadcast license for...
Should the Press and the Public Be Shut Out during Times of Crisis?
During times of crisis, it is easy to understand why emergency management personnel want to control the message. They may have specific, urgent information to get out. They may want to minimize panic. But is shutting out the press and the public the best way to do...
Is Flipping the Bird Disorderly Conduct or Protected Speech?
In August of 2014, pastor John Berry asked teachers attending his service to stand and be recognized, and he requested that the congregation pray for their success in the upcoming school year. One church member, homeschooling father David Justin Freeman, did not...