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A Critical Perspective On Scalian-Originalism’S Interpretation Of The First Amendment’S Freedom Of Speech Clause, Shiela M. Hawkins
A Critical Perspective On Scalian-Originalism’S Interpretation Of The First Amendment’S Freedom Of Speech Clause, Shiela M. Hawkins
Masters Theses
Justice Antonin Scalia proudly proclaimed that he was an Originalist, which is the theory that the Constitution should be interpreted in the same manner as those who ratified and drafted the document would have interpreted it. Scalian-Originalism faced several liberal legal critiques that challenged the legitimacy of the method and theory. This manuscript seeks to further the debate regarding Scalian-Originalism’s interpretation of the First Amendment by applying a Critical Legal perspective. The analysis is done in the form of an immanent critique, and examines the legitimacy of Scalian-Originalism’s First Amendment interpretation by the theory’s ability to further equality and democratic …
The Freedom Of Speech In Public Forums On College Campuses: A Single-Site Case Study On Pushing The Boundaries Of The Freedom Of Speech, Alexander Davidson
The Freedom Of Speech In Public Forums On College Campuses: A Single-Site Case Study On Pushing The Boundaries Of The Freedom Of Speech, Alexander Davidson
Journalism
The purpose of this single-site study is to test how far speech can be pushed before it is no longer protected at the California Polytechnic State University. The purpose isn’t merely to push limitations for the sake of testing boundaries, but it is to see what types of speech truly add to the marketplace of ideas and what types simply do not. The main points of the study are to understand what speech is protected and what speech is not protected on California Polytechnic State University’s campus and to understand how the provocation that comes along with “negative speech” can …