Law Commons^™

The First Amendment At Home And Abroad, Pnina Lahav

Faculty Scholarship

The powerful appeal of the First Amendment flows from the rhetoric it has inspired. Holmes's "[W]hen men have realized that time has upset many fighting faiths, they may come to believe ... that the best test of truth is the power of the thought to get itself accepted in the competition of the market"; Brandeis's " ... the greatest menace to freedom is an inert people; ... order cannot be secured merely through fear of punishment for its infraction; ... it is hazardous to discourage thought, hope and imagination; fear breeds repression; ... repression breeds hate; ... hate menaces stable …

Affirmative Action In The Marketplace Of Ideas, Rodney A. Smolla

Scholarly Articles

Not available.

The First Amendment, Burt Neuborne

Touro Law Review

No abstract provided.

Eras Of The First Amendment, David S. Yassky

Elisabeth Haub School of Law Faculty Publications

Part I will begin the story with the Founders' understanding of the structural role of the First Amendment. In this understanding, the First Amendment served as a bulwark of state independence. Along with the rest of the Bill of Rights, the First Amendment had as its primary purpose maintenance of the federal system--or, more precisely, protection of the states against federal government overreaching. The Founders' plan left the individual states entirely free to regulate speech, while strictly prohibiting the federal government from displacing the states' various speech regimes.

When the Civil War dramatically reshaped the federal-state relationship, the structural purpose …

Abortion Rights, Eileen Kaufman

Touro Law Review

No abstract provided.

Justice Harlan And The Bill Of Rights: A Model For How A Classic Conservative Court Would Enforce The Bill Of Rights, Nadine Strossen

Articles & Chapters

No abstract provided.

The Meaning Of Dissent, Lee C. Bollinger

Faculty Scholarship

There is, and has always been, an abiding tension in first amendment theory. At times, freedom of speech is conceived as having a very practical purpose – as implementing a system designed for yielding truth, or good public policy. Thus, Zechariah Chafee wrote that the first amendment protects the "social interest in the attainment of truth, so that the country may not only adopt the wisest course of action but carry it out in the wisest way," and Alexander Meiklejohn spoke frequently of the first amendment as a practical plan for a self-governing society, engendering "wise decisions." This vision of …