Clay Calvert, J.D., Ph.D.
Brechner Eminent Scholar in Mass Communication - Department of Journalism
Director - Marion B. Brechner First Amendment Project
Bio
Clay Calvert is the Brechner Eminent Scholar in Mass Communication and Director of the Marion B. Brechner First Amendment Project at the University of Florida.
In Spring 2011, Professor Calvert served as Visiting Professor of Law at the University of the Pacific McGeorge School of Law in Sacramento, where he taught two sections of Constitutional Law II, covering equal protection, substantive due process and freedom of expression.
Calvert has authored or co-authored more than 150 law journal articles on topics related to freedom of expression. He has published articles in journals affiliated with the law schools at Arizona State University, Boston College, Boston University, Columbia, Duke, Harvard, Georgetown, New York University, Northwestern, University of California Berkeley, University of California Los Angeles, University of North Carolina, University of Pennsylvania, University of Southern California, University of Virginia, Vanderbilt and William & Mary, among others.
In April 2017, he presented a talk at TEDxUF called “Catching Cops on Camera: A Gray Area.” Additionally in 2017, Calvert was awarded a University of Florida Research Foundation Professorship and he was one of the eight inaugural recipients within the College of Journalism and Communications of UF’s new term professorships recognizing academic achievements and supporting the University’s preeminence initiative.
In 2019, Calvert won the Top Faculty Paper award for the Law & Policy Division at the AEJMC’s annual convention in Toronto. Additionally, in 2019 he published the article “Certifying Questions in First Amendment Cases: Free Speech, Statutory Ambiguity and Definitive Interpretations” in the Boston College Law Review. Furthermore, in 2019 Calvert was a panelist on “Fifty Years After Brandenburg v. Ohio” at the ABA Forum on Communications Law’s annual conference in Miami.
As director of the Marion B. Brechner First Amendment Project, Calvert has filed, as counsel of record, multiple friend-of-the-court briefs with the United States Supreme Court in cases such as Lozman v. City of Riviera Beach, Elonis v. United States and Brown v. Entertainment Merchants Association.
Since 2015, his op-ed commentaries have appeared in CNN.com, Fortune, Huffington Post, Newsweek, New Republic, Tampa Bay Times, Time and The Conversation.
Professor Calvert is co-author, along with Dan Kozlowski and Derigan Silver, of the market-leading undergraduate media law textbook, Mass Media Law, 20th ed. (McGraw-Hill 2018), and is author of the book Voyeur Nation: Media, Privacy, and Peering in Modern Culture (Westview Press, 2000).
He received his J.D. with Great Distinction in 1991 from the University of the Pacific’s McGeorge School of Law and then earned a Ph.D. in 1996 in Communication from Stanford University, where he also completed his undergraduate work with a B.A. in Communication in 1987. He is a member of both the State Bar of California and the Bar of the Supreme Court of the United States.
Education
J.D., University of the Pacific
Ph.D., Stanford University
News
- Clay Calvert Comments on Fox News Lawsuit and Trump’s Threat to Regulate Social Media Platforms (May 28, 2020)
- Clay Calvert Comments on Consequences for Workers Who Resist Wearing Face Masks (May 20, 2020)
- Clay Calvert Comments on Fox News Lawsuit and the First Amendment (May 19, 2020)
- Clay Calvert Authors Article on Tort Liability and First Amendment Issues for Troll Storms (May 6, 2020)
- Clay Calvert Co-Authors Amicus Brief on SEC Gag Orders and First Amendment Violations (April 28, 2020)
- All News About Clay Calvert
Publications
Calvert, C. (2020). The First Amendment and Speech Urging Suicide: Lessons from the Case of Michelle Carter and the Need tExpand Brandenburg’s Application. Tulane Law Review, 94 (1), 79 – 97.
Calvert, C. (2019). Wither Zauderer, Blossom Heightened Scrutiny? How the Supreme Court’s 2018 Rulings in Becerra and Janus Exacerbate Problems with Compelled-Speech Jurisprudence. Washington and Lee Law Review, 76 (4), 1395 – 1441. https://scholarlycommons.law.wlu.edu/wlulr/vol76/iss4/3/
Calvert, C. (2019). Testing the First Amendment Validity of Laws Banning Sexual Orientation Change Efforts on Minors: What Level of Scrutiny Applies After Becerra and Does a Proportionality Approach Provide a Solution? Pepperdine Law Review, 47 (1), 1 – 44. http://lawcomm.pepperdine.edu/blogs/review/wp-content/uploads/2020/01/Calvert_Proof-for-LS.pdf
Calvert, C. (2019). Iancu v. Brunetti’s Impact on First Amendment Law: Viewpoint Discrimination, Modes of Offensive Expression, Proportionality and Profanity. Columbia Journal of Law & the Arts, 43 (1), 37 – 84. https://journals.library.columbia.edu/index.php/lawandarts/article/view/4125
Calvert, C. (2019). Contextual Cues tMeaning in Communications Law and First Amendment Jurisprudence: True Threats and Beyond. Journalism and Communication Monographs, 21 (3), 259 – 263. https://journals.sagepub.com/doi/pdf/10.1177/1522637919859597
Calvert, C. (2019). Certifying Questions in First Amendment Cases: Free Speech, Statutory Ambiguity and Definitive Interpretations. Boston College Law Review, 60 (5), 1349 – 1377. https://lawdigitalcommons.bc.edu/bclr/vol60/iss5/3/
Calvert, C. (2019). Merging Offensive Speech Cases with Viewpoint-Discrimination Principles: The Immediate Impact of Matal v. Tam on TwStrands of First Amendment Jurisprudence. William & Mary Bill of Rights Journal, 27 (3), 829 – 842. https://scholarship.law.wm.edu/wmborj/vol27/iss3/9/
Calvert, C. (2019). Is Everything a Full-Blown First Amendment Case After Becerra and Janus? Sorting Out Standards of Scrutiny and Untangling “Speech as Speech” Cases From Disputes Incidentally Affecting Expression. Michigan State Law Review, 2019, 73 – 138. https://digitalcommons.law.msu.edu/lr/vol2019/iss1/3/
Calvert, C. (2019). The FCC and Profane Language: The Lugubrious Legacy of a Moral Panic and A Grossly Offensive Definition that Must be Jettisoned. First Amendment Law Review (University of North Carolina, Chapel Hill), 17, 147 – 185. https://falrunc.files.wordpress.com/2019/03/symposium-issue-vol.-17-2019-1.pdf
Calvert, C. (2019). First Amendment Envelope Pushers: Revisiting the Incitement-to-Violence Test with Messrs. Brandenburg, Trump & Spencer. Connecticut Law Review, 51 (1), 117 – 154. https://tinyurl.com/r7tp42g
LoMonte, F., & Calvert, C. (2018). The Open-Mic, Unplugged: Challenges tViewpoint-Based Constraints on Public-Comment Periods. Case Western Reserve Law Review, 69 (1), 19 – 63. https://scholarlycommons.law.case.edu/caselrev/vol69/iss1/4/
Calvert, C. (2018 – 2019). The First Amendment, Compelled Speech
& Minors: Jettisoning the FCC Mandate for Children’s Television Programming. Kentucky Law Journal, 107 (1), 35 – 59.
Calvert, C., Hampton, A.T., & Vining, A. (2018). Defamation Per Se and Transgender Status: When Macro-Level Value Judgments About Equality Trump Micro-Level Reputational Injury. Tennessee Law Review, 85, 1029 – 1072. https://tennesseelawreviewdotcom.files.wordpress.com/2019/03/7-calvert-macros-v5.pdf
Calvert, C. (2018). College Campuses as First Amendment Combat Zones and Free-Speech Theatres of the Absurd: The High Price of Protecting Extremist Speakers for Shouting Matches and Insults. First Amendment Law Review (University of North Carolina, Chapel Hill), 16, 454 – 465. https://falrunc.files.wordpress.com/2018/05/falr-volume-16-spring-issue.pdf
Calvert, C. (2018). Reconsidering Incitement, Tinker and the Heckler’s Veton College Campuses: Richard Spencer and the Charlottesville Factor. Northwestern University Law Review Online, 112, 109 – 132. https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=1254%20&context=nulr_online%20&preview_mode=1%20&z=1516859046
Calvert, C. (2018). Beyond Headlines & Holdings: Exploring Some Less Obvious Ramifications of the Supreme Court’s 2017 Free-Speech Rulings. William
& Mary Bill of Rights Journal, 26 (4), 899 – 937. http://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=1856&context=wmborj
Calvert, C.,
& Vining, A. (2018). Filtering Fake News Through a Lens of Supreme Court Observations and Adages. First Amendment Law Review (University of North Carolina, Chapel Hill), 16, 153 – 177. https://www.jou.ufl.edu/wp-content/uploads/2018/03/CalvertandVining_Final.pdf https://falrunc.files.wordpress.com/2018/03/falr-volume-16-symposium-issue3.pdf
Calvert, C. (2018). Gag Clauses and the Right tGripe: The Consumer Review Fairness Act of 2016 & State Efforts tProtect Online Reviews from Contractual Censorship. Widener Law Review, 24 (2), 203 – 234. http://widenerlawreview.org/files/2008/10/Calvert_FINAL.pdf
Research
Research Keywords
Communications Law, First Amendment Law, Freedom of Expression, Freedom of Speech, Mass Media Law
Research Areas
- Communication Law/First Amendment/Freedom of Information
Courses
Syllabi from the current and three previous semesters: