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Nea V. Finley: Explicating The Rocky Relationship Between The Government And The Arts , Gary E. Devlin Oct 2012

Nea V. Finley: Explicating The Rocky Relationship Between The Government And The Arts , Gary E. Devlin

Pepperdine Law Review

No abstract provided.


Leaving The Dale To Be More Fair: On Cls V. Martinez And First Amendment Jurisprudence, Mark Strasser Sep 2012

Leaving The Dale To Be More Fair: On Cls V. Martinez And First Amendment Jurisprudence, Mark Strasser

First Amendment Law Review

No abstract provided.


Public Discourse, Expert Knowledge, And The Press, Joseph Blocher Jun 2012

Public Discourse, Expert Knowledge, And The Press, Joseph Blocher

Washington Law Review

This Essay identifies and elaborates two complications raised by Robert Post’s Democracy, Expertise, and Academic Freedom, and in doing so attempts to show how Post’s theory can account for constitutional protection of the press. The first complication is a potential circularity arising from the relationships between the concepts of democratic legitimation, public discourse, and protected social practices. Democratic legitimation predicates First Amendment coverage on participation in public discourse, whose boundaries are defined as those social practices necessary for the formation of public opinion. But close examination of the relationships between these three concepts raises the question of whether public …


Religious Monopolies And The Commodification Of Religion, Shima Baradaran-Robison, Brett G. Scharffs, Elizabeth A. Sewell Mar 2012

Religious Monopolies And The Commodification Of Religion, Shima Baradaran-Robison, Brett G. Scharffs, Elizabeth A. Sewell

Pepperdine Law Review

In recent years, the number of countries in which a dominant church receives state aid and other forms of preferential treatment has increased. Dominant religions and their supporters in the former Soviet bloc and elsewhere often argue that special benefits and protection are warranted based upon the unique history and contribution of the dominant church to the identity, history, and culture of the country, and the interests of the state and its citizens. Because of the distinctive status of religion and its importance to national and cultural identity, special protection, especially against foreign and other outside influence, is deemed necessary. …


The Repercussions Of Losing The Right To Respond: Why Matching Funds Should Be Constitutional For Judicial Elections Even After Arizona Free Enterprise Club's Freedom Club Pac V. Bennett, J. Alexandra Gonzales Mar 2012

The Repercussions Of Losing The Right To Respond: Why Matching Funds Should Be Constitutional For Judicial Elections Even After Arizona Free Enterprise Club's Freedom Club Pac V. Bennett, J. Alexandra Gonzales

First Amendment Law Review

No abstract provided.


Secrets, Lies, And Disclosure, Helen Norton Jan 2012

Secrets, Lies, And Disclosure, Helen Norton

Publications

This symposium essay suggests that we can sometimes understand those who resist campaign disclosure or disclaimer requirements as interested in keeping a secret and occasionally even in telling a sort of lie about the source or intensity of support for a particular candidate or cause. Such secrets and lies threaten listeners’ autonomy interests when the speaker seeks to keep such secrets (and sometimes seeks to tell such lies) to enhance her ability to influence her listeners’ decisions. For these reasons, I suggest greater attention to the reasons speakers seek to keep secrets (or occasionally tell such lies) in assessing the …