Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 4 of 4

Full-Text Articles in Law

Freedom Of Speech For Libraries And Librarians, Rodney A. Smolla Jul 2015

Freedom Of Speech For Libraries And Librarians, Rodney A. Smolla

Rod Smolla

Noting the recent bicentennial of the First Amendment to the United States Constitution, Professor Smolla considers the role of librarians in opposing censorship. He proposes a new principle of "professionalism" to establish the librarian's role, and discusses the principle in light of the Supreme Court's decision in Board of Education v. Pico.


Propaganda, Xenophobia, And The First Amendment, Rodney A. Smolla, Stephen A. Smith Jul 2015

Propaganda, Xenophobia, And The First Amendment, Rodney A. Smolla, Stephen A. Smith

Rod Smolla

No abstract provided.


Library Book Selection And The Public Schools: The Quest For The Archimedean Point, Mark G. Yudof Jun 2015

Library Book Selection And The Public Schools: The Quest For The Archimedean Point, Mark G. Yudof

Mark G Yudof

No abstract provided.


Irb Licensing, Philip A. Hamburger Jan 2015

Irb Licensing, Philip A. Hamburger

Faculty Scholarship

This chapter examines conflicting norms in the government's licensing of speech and the press on “human-subjects research” through institutional review boards (IRBs). It begins by discussing licensing and why the prohibition of it is so fundamental and prroceeds by providing an overview of the structure of institutional review board licensing. It then highlights the unconstitutionality of IRB laws, arguing that the use of IRBs violates the principles of academic freedom. It asserts that licensing of speech or the press was a method of controlling the press employed by the Inquisition and the Star Chamber, and the First Amendment unequivocally barred …