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First Amendment

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Brigham Young University Law School

Journal

2015

Articles 1 - 8 of 8

Full-Text Articles in Law

Posner, Blackstone, And Prior Restraints On Speech, Ashutosh Bhagwat Nov 2015

Posner, Blackstone, And Prior Restraints On Speech, Ashutosh Bhagwat

BYU Law Review

Judge Richard Posner recently asserted that the original understanding of the Free Speech Clause of the First Amendment was to prohibit “censorship”—meaning prior restraints—but not subsequent punishments. Posner was following in the footsteps of many other eminent jurists including Oliver Wendell Holmes, Jr., Joseph Story, James Wilson, and ultimately William Blackstone.

The problem is, this claim is simply wrong. Firstly, it misquotes Blackstone. Blackstone said that the liberty of the press meant only freedom from prior restraints; he never discussed speech. When one does examine the Speech Clause, it becomes quite clear that its protections cannot be limited to freedom …


Prohibition Of Indoctrination In Education — A Look At The Cse Law Of The European Court Of Human Rights, Fernando Méndez Powell Aug 2015

Prohibition Of Indoctrination In Education — A Look At The Cse Law Of The European Court Of Human Rights, Fernando Méndez Powell

Brigham Young University Education and Law Journal

No abstract provided.


Freedom Of Speech In Schools And The Right To Participation: When The First Amendment Encounters The Convention On The Rights Of The Child, Lotem Perry-Hazan Aug 2015

Freedom Of Speech In Schools And The Right To Participation: When The First Amendment Encounters The Convention On The Rights Of The Child, Lotem Perry-Hazan

Brigham Young University Education and Law Journal

No abstract provided.


Mergens V. Westside Community Schools At Twenty-Five And Christian Legal Society V. Martinez: From Live And Let Live To My Way Or The Highway?, Charles J. Russo Aug 2015

Mergens V. Westside Community Schools At Twenty-Five And Christian Legal Society V. Martinez: From Live And Let Live To My Way Or The Highway?, Charles J. Russo

Brigham Young University Education and Law Journal

No abstract provided.


Free Speech And Public Order Exceptions: A Case For The U.S. Standard, Asma T. Uddin Apr 2015

Free Speech And Public Order Exceptions: A Case For The U.S. Standard, Asma T. Uddin

BYU Law Review

No abstract provided.


Keynote Address, Orrin G. Hatch Apr 2015

Keynote Address, Orrin G. Hatch

BYU Law Review

No abstract provided.


Commandments, Crosses, & Prayers: The Roberts Court’S Approach To Public Religion, Zachary D. Smith Apr 2015

Commandments, Crosses, & Prayers: The Roberts Court’S Approach To Public Religion, Zachary D. Smith

BYU Law Review

No abstract provided.


The Very Old New Separationism, Alan M. Hurst Feb 2015

The Very Old New Separationism, Alan M. Hurst

BYU Law Review

No abstract provided.