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Full-Text Articles in Law
Review Of The Book The Fight Against Book Bans: Perspectives From The Field, John A. Drobnicki
Review Of The Book The Fight Against Book Bans: Perspectives From The Field, John A. Drobnicki
Publications and Research
Review of the book The Fight against Book Bans: Perspectives from the Field, edited by Shannon M. Oltmann.
Courting Censorship, Philip A. Hamburger
Courting Censorship, Philip A. Hamburger
Faculty Scholarship
Has Supreme Court doctrine invited censorship? Not deliberately, of course. Still, it must be asked whether current doctrine has courted censorship — in the same way one might speak of it courting disaster.
The Court has repeatedly declared its devotion to the freedom of speech, so the suggestion that its doctrines have failed to block censorship may seem surprising. The Court’s precedents, however, have left room for government suppression, even to the point of seeming to legitimize it.
This Article is especially critical of the state action doctrine best known from Blum v. Yaretsky. That doctrine mistakenly elevates coercion …