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Free Speech And Speaker's Intent: A Reply To Kendrick., Larry Alexander
Free Speech And Speaker's Intent: A Reply To Kendrick., Larry Alexander
Faculty Scholarship
No abstract provided.
New Problems For Subsidized Speech, Joseph Blocher
New Problems For Subsidized Speech, Joseph Blocher
Faculty Scholarship
The constitutionality of conditional offers from the government is a transsubstantive issue with broad and growing practical implications, but it has always been a particular problem for free speech. Recent developments suggest at least three new approaches to the problem, but no easy solutions to it. The first approach would permit conditions that define the limits of the government spending program, while forbidding conditions that leverage funding so as to regulate speech outside the contours of the program. This is an appealing distinction, but runs into some of the same challenges as public forum analysis. The second approach would treat …