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Full-Text Articles in Law

Disfavored Speech About Favored Rights: Hill V. Colorado, The Vanishing Public Forum And The Need For An Objective Speech Discrimination Test, Jamin B. Raskin, Clark L. Leblanc Dec 2001

Disfavored Speech About Favored Rights: Hill V. Colorado, The Vanishing Public Forum And The Need For An Objective Speech Discrimination Test, Jamin B. Raskin, Clark L. Leblanc

American University Law Review

No abstract provided.


Licensing Speech: The Case Of Vanity Plates, Marybeth Herald May 2001

Licensing Speech: The Case Of Vanity Plates, Marybeth Herald

Marybeth Herald

Vanity license plates qualify as protected speech under the First Amendment, and denying plate requests because of their content contradicts traditional principles of free speech. State motor vehicle departments are almost as creative as applicants when it comes to ferreting out offensive license plate requests through the use of computer programs and linguists. Offensiveness, however, remains an elusive concept to capture and often lies in the eyes of a single viewer. When the government takes on the role of arbiter of good taste, it leads to arbitrary decision making and chaotic results.

Under traditional First Amendment doctrine, vanity license plates …


Free Speech And The Limits Of Legislative Discretion: The Example Of Specialty License Plates, Leslie Gielow Jacobs Jan 2001

Free Speech And The Limits Of Legislative Discretion: The Example Of Specialty License Plates, Leslie Gielow Jacobs

McGeorge School of Law Scholarly Articles

No abstract provided.


Restricting Hate Speech Against Private Figures: Lessons In Power-Based Censorship From Defamation Law, Victor C. Romero Jan 2001

Restricting Hate Speech Against Private Figures: Lessons In Power-Based Censorship From Defamation Law, Victor C. Romero

Journal Articles

This article examines the debate between those who favor greater protection for minorities vulnerable to hate speech and First Amendment absolutists who are skeptical of any burdens on pure speech. The author also provides another perspective on the debate by highlighting the "public/private figure" distinction as an area within First Amendment law that acknowledges differences in power, a construct anti-hate speech advocates should use to further their cause. Specifically, the author places the "public/private figure" division in a theoretical and historical context and then provides empirical support for the thesis that whites enjoy a more prominent societal role and greater …


Constitutional Law: State Campaign Contribution Limits: Nixon V. Shrink Missouri Government Pac: An Abridgment Of Freedom In The Name Of Democracy, Richard J. Baker Jan 2001

Constitutional Law: State Campaign Contribution Limits: Nixon V. Shrink Missouri Government Pac: An Abridgment Of Freedom In The Name Of Democracy, Richard J. Baker

Oklahoma Law Review

No abstract provided.


Constitutional Law: United States V. Viefhaus And The Demise Of The Libertarian Philosophy In Free Speech Jurisprudence, Stephanie D. Wade Jan 2001

Constitutional Law: United States V. Viefhaus And The Demise Of The Libertarian Philosophy In Free Speech Jurisprudence, Stephanie D. Wade

Oklahoma Law Review

No abstract provided.


The Supreme Court Rules In Favor Of Religious Club’S Right To Meet On Public School Premises: Is This “Good News” For First Amendment Rights?, Thomas A. Schweitzer Jan 2001

The Supreme Court Rules In Favor Of Religious Club’S Right To Meet On Public School Premises: Is This “Good News” For First Amendment Rights?, Thomas A. Schweitzer

Scholarly Works

No abstract provided.


First Amendment Protects Crude Protest Of Police Action, Martin A. Schwartz Jan 2001

First Amendment Protects Crude Protest Of Police Action, Martin A. Schwartz

Scholarly Works

No abstract provided.