Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 2 of 2
Full-Text Articles in Entire DC Network
Constituting Children's Bodily Integrity, Jessie Hill
Constituting Children's Bodily Integrity, Jessie Hill
Faculty Publications
Children have constitutional rights to bodily integrity. When children are abused by state actors, courts do not hesitate to vindicate those rights. Moreover, in at least some cases, children’s bodily integrity rights protect them within the family, giving them the right to avoid unwanted physical intrusions regardless of their parents’ wishes. Nonetheless, the scope of this right of children vis-à-vis their parents unclear; the extent to which it applies beyond the narrow context of abortion and contraception has been almost entirely unexplored and untheorized. This Article is the first in the legal literature to analyze the constitutional right of minors …
Displacing Dissent: The Role Of Place In First Amendment Jurisprudence, Thomas P. Crocker
Displacing Dissent: The Role Of Place In First Amendment Jurisprudence, Thomas P. Crocker
Faculty Publications
From the perspective of free speech theory, both of the central First Amendment values - human autonomy and deliberative democracy - require robust protection for the places and spaces in which speech and public discourse occur. This Article argues that current Supreme Court doctrine does not effectively protect speech from content neutral regulation of place. The problem is that remaining neutral is consistent with policies that would dislocate the very place for the "marketplace of ideas." Moreover, free speech theory focused on autonomy and deliberative democracy has not adequately addressed the role that place plays in furthering these values. Speech …