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Full-Text Articles in Law
Taming Terrorists But Not "Natural Born Killers", S. Elizabeth Malloy
Taming Terrorists But Not "Natural Born Killers", S. Elizabeth Malloy
Faculty Articles and Other Publications
This Article will explore the possibility of shifting or sharing the liability
stemming from criminal activities to those who provide detailed directions on
how to commit those acts, when the publication in question has no other
redeeming value. This Article concludes that in some limited circumstances, the First Amendment should not preclude the imposition of civil liability for those who write and distribute speech that both advocates and facilitates harm to others.
Part I of this Article reviews the First Amendment and discusses the Brandenburg test and its potential application to situations involving speech
advocating socially harmful activity. Part II …