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Full-Text Articles in Law
Crisis In The Legal Profession: Don’T Mourn, Organize!, Michael E. Tigar
Crisis In The Legal Profession: Don’T Mourn, Organize!, Michael E. Tigar
Faculty Scholarship
No abstract provided.
Transforming Property Into Speech, Joseph Blocher
Transforming Property Into Speech, Joseph Blocher
Faculty Scholarship
No abstract provided.
Viewpoint Neutrality And Government Speech, Joseph Blocher
Viewpoint Neutrality And Government Speech, Joseph Blocher
Faculty Scholarship
Government speech creates a paradox at the heart of the First Amendment. To satisfy traditional First Amendment tests, the government must show that it is not discriminating against a viewpoint. And yet if the government shows that it is condemning or supporting a viewpoint, it may be able to invoke the government speech defense and thereby avoid constitutional scrutiny altogether. Government speech doctrine therefore rewards what the rest of the First Amendment forbids: viewpoint discrimination against private speech. This is both a theoretical puzzle and an increasingly important practical problem. In cases like Pleasant Grove City, Utah v. Summum, the …