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Who’S The ‘We?’ Who’S ‘The People?’, Rodney A. Smolla Sep 2015

Who’S The ‘We?’ Who’S ‘The People?’, Rodney A. Smolla

Rod Smolla

No abstract provided.


Terrorism And The Bill Of Rights, Rodney A. Smolla Jul 2015

Terrorism And The Bill Of Rights, Rodney A. Smolla

Rod Smolla

This year is the Tenth Anniversary of the William & Mary Bill of Rights Journal, and the Journal is very fortunate and honored to have Professor Rodney Smolla publish an article in this year's volume. Professor Smolla played an integral role in the founding and organizing of not only the Journal, but also the Institute of Bill of Rights Law at William & Mary Law School. The Journal extends its most appreciative thanks to Professor Smolla for all his help. In this Article, Professor Smolla examines the right to free speech in the context of Black v. Commonwealth, a case …


Categories, Tiers Of Review, And The Roiling Sea Of Free Speech Doctrine And Principle: A Methodological Critique Of United States V. Alvarez, Rodney A. Smolla Jul 2015

Categories, Tiers Of Review, And The Roiling Sea Of Free Speech Doctrine And Principle: A Methodological Critique Of United States V. Alvarez, Rodney A. Smolla

Rod Smolla

None available.


Regulating The Speech Of Judges And Lawyers: The First Amendment And The Soul Of The Profession, Rodney A. Smolla Jul 2015

Regulating The Speech Of Judges And Lawyers: The First Amendment And The Soul Of The Profession, Rodney A. Smolla

Rod Smolla

The legal profession has historically asserted moral and legal authority to substantially control the speech of judges and lawyers. This impulse to control the speech of judges and lawyers is driven by many of the profession’s most strongly held interests and values. These include such interests as ensuring the fair administration of justice, the promotion of respect for the rule of law, the preservation of public confidence in the legal system, the preservation of the appearance of judicial impartiality, the maintenance of professionalism, and the safeguarding of the dignity of the profession. Some of these interests are palpable and may …


The Future Of Defamation In Illinois After Colson V. Steig And Chapski V. Copley Press, Inc., Linda A. Malone, Rodney A. Smolla Jul 2015

The Future Of Defamation In Illinois After Colson V. Steig And Chapski V. Copley Press, Inc., Linda A. Malone, Rodney A. Smolla

Rod Smolla

No abstract provided.


Report Of The Coalition For A New America: Platform Section On Communications Policy, Rodney A. Smolla Jul 2015

Report Of The Coalition For A New America: Platform Section On Communications Policy, Rodney A. Smolla

Rod Smolla

No abstract provided.


Emotional Distress And The First Amendment: An Analysis Of Hustler V. Falwell, Rodney A. Smolla Jul 2015

Emotional Distress And The First Amendment: An Analysis Of Hustler V. Falwell, Rodney A. Smolla

Rod Smolla

No abstract provided.


Prison Overcrowding And The Courts: A Roadmap For The 1980s, Rodney A. Smolla Jul 2015

Prison Overcrowding And The Courts: A Roadmap For The 1980s, Rodney A. Smolla

Rod Smolla

Not available.


Assassination, The War On Terrorism, And The Constitution, Rodney A. Smolla Jul 2015

Assassination, The War On Terrorism, And The Constitution, Rodney A. Smolla

Rod Smolla

Not available.


The Reemergence Of The Right-Privilege Distinction In Constitutional Law: The Price Of Protesting Too Much, Rodney A. Smolla Jul 2015

The Reemergence Of The Right-Privilege Distinction In Constitutional Law: The Price Of Protesting Too Much, Rodney A. Smolla

Rod Smolla

Not available.


The Ollie North, Bob Bork, Bye, Bye, Bye Centennial Blues, Rodney A. Smolla Jul 2015

The Ollie North, Bob Bork, Bye, Bye, Bye Centennial Blues, Rodney A. Smolla

Rod Smolla

Not available.


The Free Exercise Of Religion After The Fall: The Case For Intermediate Scrutiny, Rodney A. Smolla Jul 2015

The Free Exercise Of Religion After The Fall: The Case For Intermediate Scrutiny, Rodney A. Smolla

Rod Smolla

No abstract provided.


Academic Freedom, Hate Speech, And The Idea Of A University, Rodney A. Smolla Jul 2015

Academic Freedom, Hate Speech, And The Idea Of A University, Rodney A. Smolla

Rod Smolla

Not available.


In Pursuit Of Racial Utopias: Fair Housing, Quotas, And Goals In The 1980'S, Rodney A. Smolla Jul 2015

In Pursuit Of Racial Utopias: Fair Housing, Quotas, And Goals In The 1980'S, Rodney A. Smolla

Rod Smolla

None available.


The Bill Of Rights At 200 Years: Bicentennial Perspectives, Rodney A. Smolla Jul 2015

The Bill Of Rights At 200 Years: Bicentennial Perspectives, Rodney A. Smolla

Rod Smolla

Not available.


Words "Which By Their Very Utterance Inflict Injury": Evolving Treatment Of Inherently Dangerous Speech In Free Speech Law And Theory, Rodney A. Smolla Jul 2015

Words "Which By Their Very Utterance Inflict Injury": Evolving Treatment Of Inherently Dangerous Speech In Free Speech Law And Theory, Rodney A. Smolla

Rod Smolla

Not available.


Bring Back The Legislative Veto: A Proposal For A Constitutional Amendment, Rodney A. Smolla Jul 2015

Bring Back The Legislative Veto: A Proposal For A Constitutional Amendment, Rodney A. Smolla

Rod Smolla

None available.


Rethinking First Amendment Assumptions About Racist And Sexist Speech, Rodney A. Smolla Jul 2015

Rethinking First Amendment Assumptions About Racist And Sexist Speech, Rodney A. Smolla

Rod Smolla

No abstract provided.


The Annenberg Libel Reform Proposal: The Case For Enactment, Rodney A. Smolla, Michael J. Gaertner Jul 2015

The Annenberg Libel Reform Proposal: The Case For Enactment, Rodney A. Smolla, Michael J. Gaertner

Rod Smolla

No abstract provided.


A Call To Leadership: The Future Of Race Relations In Virginia, Rodney A. Smolla Jul 2015

A Call To Leadership: The Future Of Race Relations In Virginia, Rodney A. Smolla

Rod Smolla

Not available.


Freedom Of Speech For Libraries And Librarians, Rodney A. Smolla Jul 2015

Freedom Of Speech For Libraries And Librarians, Rodney A. Smolla

Rod Smolla

Noting the recent bicentennial of the First Amendment to the United States Constitution, Professor Smolla considers the role of librarians in opposing censorship. He proposes a new principle of "professionalism" to establish the librarian's role, and discusses the principle in light of the Supreme Court's decision in Board of Education v. Pico.


Propaganda, Xenophobia, And The First Amendment, Rodney A. Smolla, Stephen A. Smith Jul 2015

Propaganda, Xenophobia, And The First Amendment, Rodney A. Smolla, Stephen A. Smith

Rod Smolla

No abstract provided.


Taking Libel Reform Seriously, Rodney A. Smolla Jul 2015

Taking Libel Reform Seriously, Rodney A. Smolla

Rod Smolla

Not available.


Integration Maintenance: The Unconstitutionality Of Benign Programs That Discourage Black Entry To Prevent White Flight, Rodney A. Smolla Jul 2015

Integration Maintenance: The Unconstitutionality Of Benign Programs That Discourage Black Entry To Prevent White Flight, Rodney A. Smolla

Rod Smolla

Not available.


Rethinking First Amendment Assumptions About Racist And Sexist Speech, Rodney A. Smolla Jul 2015

Rethinking First Amendment Assumptions About Racist And Sexist Speech, Rodney A. Smolla

Rod Smolla

No abstract provided.


Liability For Massive Online Leaks Of National Defense Information, Rodney A. Smolla Dec 2013

Liability For Massive Online Leaks Of National Defense Information, Rodney A. Smolla

Rod Smolla

No abstract provided.