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Free Speech And The Limits Of Legislative Discretion: The Example Of Specialty License Plates, Leslie Gielow Jacobs
Free Speech And The Limits Of Legislative Discretion: The Example Of Specialty License Plates, Leslie Gielow Jacobs
Leslie Gielow Jacobs
No abstract provided.
What The Abortion Disclosure Cases Say About The Constitutionality Of Persuasive Government Speech On Product Labels, Leslie Gielow Jacobs
What The Abortion Disclosure Cases Say About The Constitutionality Of Persuasive Government Speech On Product Labels, Leslie Gielow Jacobs
Leslie Gielow Jacobs
No abstract provided.
The Link Between Student Activity Fees And Campaign Finance Regulations, Leslie Gielow Jacobs
The Link Between Student Activity Fees And Campaign Finance Regulations, Leslie Gielow Jacobs
Leslie Gielow Jacobs
No abstract provided.
Pledges, Parades, And Mandatory Payments, Leslie Gielow Jacobs
Pledges, Parades, And Mandatory Payments, Leslie Gielow Jacobs
Leslie Gielow Jacobs
This Article examines the Supreme Court's treatment of compelled expression cases. It sets forth the speech restraint framework by describing the crucial determinations guiding judicial analysis. It then explains the current results, reasoning, and incoherence of the compelled expression cases. This Article isolates and evaluates the variables that the Court claims are significant to compelled expression analysis. It then adjusts the variables according to the free speech clause values evident in speech restraint analysis to create a coherent doctrine of compelled expression. This doctrine both places past cases within a consistent framework and provides a structure for evaluating future compelled …
Demystifying Secondary Effects Analysis: The Example Of The "Explosive" Combination Of Erotic Entertainment And Alcohol, Leslie Jacobs
Demystifying Secondary Effects Analysis: The Example Of The "Explosive" Combination Of Erotic Entertainment And Alcohol, Leslie Jacobs
Leslie Gielow Jacobs
Under secondary effects analysis, regulations that target erotic entertainment are subject to deferential “intermediate” judicial review rather than the strict scrutiny that usually applies to government actions that target protected speech activities based on their content. According to the Justices’ articulations, lesser scrutiny is appropriate because secondary effects are “unrelated to the impact of the speech on its audience.” Although the determination that an effect is “secondary” is critical to moving an ostensibly content based regulation into deferential scrutiny, the Court has never explained how the abstract definition applies to specific asserted “secondary effects” and, following the Court’s lead, lower …