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Full-Text Articles in Law
The Price Of Porn & Pugilism: Reconciling Brown V. Entertainment Merchants Association With Ginsberg V. New York Through A Media-Specific Approach, Dennis A. Demarco
The Price Of Porn & Pugilism: Reconciling Brown V. Entertainment Merchants Association With Ginsberg V. New York Through A Media-Specific Approach, Dennis A. Demarco
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
(No) State Interests In Regulating Gender: How Suppression Of Gender Nonconformity Violates Freedom Of Speech, Jeffrey Kosbie
(No) State Interests In Regulating Gender: How Suppression Of Gender Nonconformity Violates Freedom Of Speech, Jeffrey Kosbie
William & Mary Journal of Race, Gender, and Social Justice
Despite limited growth in legal protections for transgender people, dress and appearance are largely treated as unprotected matters of personal preference. In response, lawyers and scholars argue that dress and appearance are intimately connected to the expression of identity. Nonetheless, courts have generally deferred to the government’s proffered justifications for these laws.
This article refocuses on the government’s alleged interests in regulating gender nonconformity. Using a First Amendment analysis, the article reveals how seemingly neutral government interests are used to single out conduct because it expresses messages of gender nonconformity. This approach avoids impossible questions about the subjective intent of …