Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
First Amendment Cases In The 1998-99 Term: The Calm Before The Storm, Joel M. Gora
First Amendment Cases In The 1998-99 Term: The Calm Before The Storm, Joel M. Gora
Touro Law Review
No abstract provided.
The First Amendment, The Right Not To Speak And The Problem Of Government Access Statutes, Anna M. Taruschio
The First Amendment, The Right Not To Speak And The Problem Of Government Access Statutes, Anna M. Taruschio
Fordham Urban Law Journal
The dual principles of promoting the marketplace of ideas and protecting individual autonomy lie at the core of the First Amendment. When the government assumes an affirmative role by opening opportunities for public speech, it places individuals' negative liberties, such as the right not to speak, at risk. This conflict cannot be avoided by analyzing compelled speech outside of the First Amendment; the autonomy promised by the Bill of Rights and repeatedly affirmed by Supreme Court jurisprudence protects the right not to speak. Scholars, jurists, and practitioners therefore should pay close attention to the right not to speak when the …
National Endowment For The Arts V. Finley: Sinking Deeper Into The Abyss Of The Supreme Court's Unintelligible Modern Unconstitutional Conditions Doctrine, Harold B. Walther
National Endowment For The Arts V. Finley: Sinking Deeper Into The Abyss Of The Supreme Court's Unintelligible Modern Unconstitutional Conditions Doctrine, Harold B. Walther
Maryland Law Review
No abstract provided.