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Constitutional Law

Selected Works

Freedom of Speech

2013

Articles 1 - 5 of 5

Full-Text Articles in Entire DC Network

Religious Anti-Vilification Laws: Gatekeeping Freedom Of Religion And Freedom Of Speech In Australia, Neil J. Foster Sep 2013

Religious Anti-Vilification Laws: Gatekeeping Freedom Of Religion And Freedom Of Speech In Australia, Neil J. Foster

Neil J Foster

Freedom of religion and freedom of speech, two fundamental human rights, intersect and may clash when the law prohibits “vilification” of others on the basis of their religion, especially if the word is defined broadly enough to include mere offence or annoyance. The paper addresses the current state of religious “anti-vilification” laws in Australia, and recent important appellate decisions on freedom of speech, to discuss whether current laws adequately provide an appropriate balance in this important area of public life.


The Categorical Approach To Protecting Speech In American Constitutional Law, Daniel A. Farber Sep 2013

The Categorical Approach To Protecting Speech In American Constitutional Law, Daniel A. Farber

Daniel A Farber

Symposium: An Ocean Apart? Freedom of Expression in Europe and the United States. This Article was originally written in French and delivered as a conference paper at a symposium held by the Center for American Law of the University of Paris II (Panthèon-Assas) on January 18-19, 2008.


Access And Exclusion Rights In Electronic Media:Complex Rules For A Complex World, Daniel A. Farber Sep 2013

Access And Exclusion Rights In Electronic Media:Complex Rules For A Complex World, Daniel A. Farber

Daniel A Farber

No abstract provided.


Terrorism And Associations, Ashutosh A. Bhagwat Feb 2013

Terrorism And Associations, Ashutosh A. Bhagwat

Ashutosh Bhagwat

The domestic manifestation of the War on Terror has produced the most difficult and sustained set of controversies regarding the limits on First Amendment protections for political speech and association since the anti-Communist crusades of the Red Scare and McCarthy eras. An examination of the types of domestic terrorism prosecutions that have become common since the September 11 attacks reveals continuing and unresolved conflicts between national security needs and traditional protections for speech and (especially) associational freedoms. Yet the courts have barely begun to acknowledge, much less address, these serious issues. In the Supreme Court’s only sustained engagement with these …


Speech And The Self-Governance Value, Brian C. Murchison Jan 2013

Speech And The Self-Governance Value, Brian C. Murchison

Brian C. Murchison

No abstract provided.