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Article
LITTER OR LITERATURE: DOES THE FIRST AMENDMENT PROTECT LITTERING OF NEIGHBORHOODS?
Stetson Law Review (1997)
  • Stephen Durden, Florida Coastal School of Law
Abstract

Pamphlets can be as simple as a single piece of paper or as voluminous as a small newspaper placed in a plastic bag. Each method of distribution engenders its own particular problems. The purpose of this Article is to examine the legal implications of pamphlet distribution, particularly distribution on residential property. Are these pamphlets litter or literature? Or, might they be called “litter-ature”--a combination of both? The first part of this Article sets forth some of the problems associated with the distribution of pamphlets, especially on residential property. The second part examines the First Amendment speech implications of distributing literature to property instead of to people, and explores the rationale of court decisions that discuss legislative attempts to restrict distribution of pamphlets. Finally, the last part of the Article discusses the Florida Litter Law and other possible solutions to unwanted distribution of literature, as well as some of the legal and political risks of those solutions.

Keywords
  • Constitutional Law,
  • Constitutional Interpretation,
  • Jurisprudence,
  • State and Local Government Law,
  • First Amendment,
  • Freedom of Speech
Publication Date
1997
Citation Information
Stephen Durden. "LITTER OR LITERATURE: DOES THE FIRST AMENDMENT PROTECT LITTERING OF NEIGHBORHOODS?" Stetson Law Review Vol. 26 (1997)
Available at: http://works.bepress.com/stephen_durden/8/