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Full-Text Articles in Law
Posner, Blackstone, And Prior Restraints On Speech, Ashutosh Bhagwat
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
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
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
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
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
Commandments, Crosses, & Prayers: The Roberts Court’S Approach To Public Religion, Zachary D. Smith
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