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College of William & Mary Law School

Freedom of Religion

1979

Articles 1 - 2 of 2

Full-Text Articles in Law

Tax Status Of Private Segregated Schools: The New Revenue Procedure, Wilfred F. Drake Mar 1979

Tax Status Of Private Segregated Schools: The New Revenue Procedure, Wilfred F. Drake

William & Mary Law Review

No abstract provided.


Speech And Speech - Obscenity And Obscenity: An Exercise In The Interpretation Of Constitutional Language, Frederick Schauer Jan 1979

Speech And Speech - Obscenity And Obscenity: An Exercise In The Interpretation Of Constitutional Language, Frederick Schauer

Faculty Publications

Commentators have criticized the Supreme Court's use of the "two-level" theory of speech to place obscenity beyond the pale of the first amendment. They charge the Court with shirking the task of balancing first amendment values and the states' interests in regulating obscene material. Professor Schauer meets this criticism by examining the meaning of the word "speech" in the context of the purposes of the first amendment and the Constitution as a whole. He concludes that "speech"does not include a category.of obscenity'that performs the function of a surrogate sexual act and is lacking in communicative content ...