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Hate Speech And The First Amendment, Alan E. Garfield
Hate Speech And The First Amendment, Alan E. Garfield
Alan E Garfield
No abstract provided.
The Supreme Court's Brain Teaser, Alan E. Garfield
The Supreme Court's Brain Teaser, Alan E. Garfield
Alan E Garfield
No abstract provided.
All Signs Point To A Headache When Court Hears This Case, Alan E. Garfield
All Signs Point To A Headache When Court Hears This Case, Alan E. Garfield
Alan E Garfield
No abstract provided.
Should Musicians Be Jailed For Their Threatening Lyrics?, Alan E. Garfield
Should Musicians Be Jailed For Their Threatening Lyrics?, Alan E. Garfield
Alan E Garfield
No abstract provided.
The Fight For Free Speech, Even If It's Offensive, Alan E. Garfield
The Fight For Free Speech, Even If It's Offensive, Alan E. Garfield
Alan E Garfield
No abstract provided.
When Is A Lie An Affront To The Law?, Alan E. Garfield
When Is A Lie An Affront To The Law?, Alan E. Garfield
Alan E Garfield
No abstract provided.
Dropping F-Bombs At The Supreme Court, Alan E. Garfield
Dropping F-Bombs At The Supreme Court, Alan E. Garfield
Alan E Garfield
No abstract provided.
To Swear Or Not To Swear: Using Foul Language During A Supreme Court Oral Argument, Alan Garfield
To Swear Or Not To Swear: Using Foul Language During A Supreme Court Oral Argument, Alan Garfield
Alan E Garfield
This essay considers the provocative question of whether it is strategically wise for a lawyer to use foul language during a Supreme Court oral argument. This issue doesn’t come up often. But it does when a lawyer claims his client’s First Amendment rights were violated when the government punished him for using foul language. If the lawyer doesn’t use his client’s offensive words, he risks conceding that these words are so horrid they warrant suppression. But if he does use the words, he risks alienating justices who find the words unseemly. The essay uses the “fleeting expletives” case that was …
“Reasoning-Lite” In The Violent Video Game Case, Alan Garfield
“Reasoning-Lite” In The Violent Video Game Case, Alan Garfield
Alan E Garfield
One might have expected that the Supreme Court’s recent decision in the violent video game case, Brown v. Entertainment Merchants Ass’n, would have been a thoughtful balancing of society’s competing interests in protecting freedom of speech and protecting children from harm. After all, the Supreme Court had held decades earlier that the government could deny minors access to soft-porn, or what the Court called “girlie magazines.” So one could have assumed the Court would seriously consider California’s claim that minors also needed sheltering from the grittier world of violent video game rapes, beheadings, and ethnic cleansings. Yet, as Justice Scalia’s …
Don't Be So Quick To Ban Violent Videogames, Alan E. Garfield
Don't Be So Quick To Ban Violent Videogames, Alan E. Garfield
Alan E Garfield
No abstract provided.
Hate Funeral Protests? Then Ignore Them, Alan E. Garfield
Hate Funeral Protests? Then Ignore Them, Alan E. Garfield
Alan E Garfield
No abstract provided.
Rights Bring Responsibility: Clear Constitutional Protections May Be Only The Beginning Of The Discussion, Alan E. Garfield
Rights Bring Responsibility: Clear Constitutional Protections May Be Only The Beginning Of The Discussion, Alan E. Garfield
Alan E Garfield
No abstract provided.
Calibrating Copyright Statutory Damages To Promote Speech, Alan Garfield
Calibrating Copyright Statutory Damages To Promote Speech, Alan Garfield
Alan E Garfield
Copyright and the First Amendment exist in tension. The Supreme Court acknowledges this tension but says that copyright law resolves it with two built-in free speech safeguards: (1) by protecting only the expression of ideas and not the ideas themselves (the idea/expression dichotomy); and (2) by allowing the use of expression under certain circumstances (the fair use doctrine). The problem is that these doctrines are notoriously vague, so users often cannot know ex ante whether their uses will be immune from liability. This unpredictably might be tolerable if users could be confident that, if they were subject to liability, any …
Foul Language And Free Speech, Alan E. Garfield
Protecting Children From Speech, Alan E. Garfield
Protecting Children From Speech, Alan E. Garfield
Alan E Garfield
Public concern about minor access to inappropriate speech (violent, sexual, vice advertising) has led to an onslaught of regulatory responses in recent years. Courts have wrestled with the constitutionality of these regulations but their decisions have provided little clarity as to what legislators may or may not do. In this Article, I guide legislators and judges through the thicket of child-protection censorship. I cut through the mass of precedent, empirical studies, and scholarship to distill the child-protection/free speech conflict into a series of comprehensible questions. By identifying the key questions underlying the conflict, I draw attention to the core constitutional …