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Full-Text Articles in Law
When Should The First Amendment Protect Judges From Their Unethical Speech?, Lynne H. Rambo
When Should The First Amendment Protect Judges From Their Unethical Speech?, Lynne H. Rambo
Lynne H. Rambo
Judges harm the judicial institution when they engage in inflammatory or overtly political extrajudicial speech. The judiciary can be effective only when it has the trust of the citizenry, and judicial statements of that sort render it impossible for citizens to see judges as neutral and contemplative arbiters. This lack of confidence would seem especially dangerous in times like these, when the citizenry is as polarized as it has ever been.
Ethical codes across the country (based on the Model Code of Judicial Conduct) prohibit judges from making these partisan, prejudicial or otherwise improper remarks. Any discipline can be undone, …
The Constitution According To Justices Scalia And Thomas: Alive And Kickin', Eric J. Segall
The Constitution According To Justices Scalia And Thomas: Alive And Kickin', Eric J. Segall
Eric J. Segall
No abstract provided.
The Worst Test Of Truth: The "Marketplace Of Ideas" As Faulty Metaphor, Thomas W. Joo
The Worst Test Of Truth: The "Marketplace Of Ideas" As Faulty Metaphor, Thomas W. Joo
Thomas W Joo
In his famous dissent in Abrams v. United States, Justice Holmes proclaimed that “the best test of truth is the power of the thought to get itself accepted in the competition of the market.” This Article critiques the basic argument against speech regulation that has developed from the “marketplace of ideas” metaphor: that speech should be “free” because markets are “free,” and because free markets produce “truth.” These assertions about markets are taken for granted, but they portray markets and market regulation inaccurately; thus economic markets provide a poor analogy for the deregulation of speech.
First Amendment jurisprudence invokes the …
Speech And The Self-Governance Value, Brian C. Murchison
Speech And The Self-Governance Value, Brian C. Murchison
Brian C. Murchison
No abstract provided.
Anonymous Speech On The Internet, Brian C. Murchison
Anonymous Speech On The Internet, Brian C. Murchison
Brian C. Murchison
No abstract provided.
Of Metaphor, Metonymy, And Corporate Money: Rhetorical Choices In Supreme Court Decisions On Campaign Finance Regulation, Linda L. Berger
Of Metaphor, Metonymy, And Corporate Money: Rhetorical Choices In Supreme Court Decisions On Campaign Finance Regulation, Linda L. Berger
Linda L. Berger
No abstract provided.