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Full-Text Articles in Law
Chief Justice Mogoeng V Africa4palestine And Others [2021] Jsc/819/20; Jsc/825/20; And Jsc/ 826/20, Dunia P. Zongwe
Chief Justice Mogoeng V Africa4palestine And Others [2021] Jsc/819/20; Jsc/825/20; And Jsc/ 826/20, Dunia P. Zongwe
SAIPAR Case Review
This is a judgment against the first judge among his peers: the Chief Justice. Handed down by the Judicial Conduct Committee (JCC) of South Africa’s Judicial Service Commission (JSC), this judgment involves the remarks made in 2020 by Chief Justice Mogoeng Mogoeng at a webinar hosted by a pro-Israel, conservative, Zionist newspaper. During that webinar, Mogoeng criticized the South African government’s official policy on the Israel-Palestine conflict. Following Mogoeng’s faux pas and a loud public outcry, three non-governmental organizations (NGOs) lodged complaints with the JCC against Mogoeng for his Israel comments.
This appeal judgment largely confirms the JCC’s earlier complaint …
A Democratic Political Economy For The First Amendment, Nelson Tebbe
A Democratic Political Economy For The First Amendment, Nelson Tebbe
Cornell Law Review
In this Article, I begin building an interpretation of the First Amendment that promotes the practical conditions for a vital democracy. I argue that considerations of distributive justice do properly affect interpretation of free speech and religious liberty. This is true even assuming that those provisions have priority over ordinary law, including economic regulation.
Does The Clear And Present Danger Test Survive Cost-Benefit Analysis?, Cass R. Sunstein
Does The Clear And Present Danger Test Survive Cost-Benefit Analysis?, Cass R. Sunstein
Cornell Law Review
Under American regulatory law, the dominant contemporary test involves cost-benefit analysis. The benefits of regulation must justify the costs; if they do, regulation is permissible and even mandatory. Under American free speech law, in sharp contrast, an important contemporary test for the regulation of speech involves "clear and present danger." In general, officials cannot censor or regulate political speech on the ground that the benefits of regulation justify the costs. They may proceed only if the speech is likely to produce imminent lawless action. In principle, it is not simple to explain why the free speech test does not involve …
When Schools Refuse To Say Gay: The Constitutionality Of Anti-Lgbtq No-Promo-Homo Public School Policies In The United States, Ashley E. Mcgovern
When Schools Refuse To Say Gay: The Constitutionality Of Anti-Lgbtq No-Promo-Homo Public School Policies In The United States, Ashley E. Mcgovern
Cornell Journal of Law and Public Policy
No abstract provided.
The Marginality Of Citizens United, Michael C. Dorf
The Marginality Of Citizens United, Michael C. Dorf
Cornell Journal of Law and Public Policy
No abstract provided.
El Salvador: Repression In The Name Of Anti-Terrorism, Mirna Cardona
El Salvador: Repression In The Name Of Anti-Terrorism, Mirna Cardona
Cornell International Law Journal
No abstract provided.
The Global Gag Rule: Undermining National Interests By Doing Unto Foreign Women And Ngos What Cannot Be Done At Home, Nina J. Crimm
The Global Gag Rule: Undermining National Interests By Doing Unto Foreign Women And Ngos What Cannot Be Done At Home, Nina J. Crimm
Cornell International Law Journal
No abstract provided.
The Digital Millennium Copyright Act: Overextension Of Copyright Protection And The Unintended Chilling Effects On Fair Use, Free Speech, And Innovation, Derek J. Schaffner
The Digital Millennium Copyright Act: Overextension Of Copyright Protection And The Unintended Chilling Effects On Fair Use, Free Speech, And Innovation, Derek J. Schaffner
Cornell Journal of Law and Public Policy
No abstract provided.
Republican Party Of Minnesota V. White: The End Of Judicial Election Reform, Lindsay E. Lippman
Republican Party Of Minnesota V. White: The End Of Judicial Election Reform, Lindsay E. Lippman
Cornell Journal of Law and Public Policy
No abstract provided.
The First Amendment And The Socialization Of Children: Compulsory Public Education And Vouchers, Steven H. Shiffrin
The First Amendment And The Socialization Of Children: Compulsory Public Education And Vouchers, Steven H. Shiffrin
Cornell Journal of Law and Public Policy
No abstract provided.
Performance And Politics: An Argument For Expanded First Amendment Protection Of Homosexual Expression, Jennifer Minear
Performance And Politics: An Argument For Expanded First Amendment Protection Of Homosexual Expression, Jennifer Minear
Cornell Journal of Law and Public Policy
No abstract provided.
Picketing And Prayer: Restricting Freedom Of Expression Outside Churches , Alan Phelps
Picketing And Prayer: Restricting Freedom Of Expression Outside Churches , Alan Phelps
Cornell Law Review
No abstract provided.
Promises Of Silence: Contract Law And Freedom Of Speech , Alan E. Garfield
Promises Of Silence: Contract Law And Freedom Of Speech , Alan E. Garfield
Cornell Law Review
No abstract provided.
Obscenity On-Line: A Transactional Approach To Computer Transfers Of Potentially Obscene Material , Donald T. Stepka
Obscenity On-Line: A Transactional Approach To Computer Transfers Of Potentially Obscene Material , Donald T. Stepka
Cornell Law Review
No abstract provided.
Freedom Of Speech On The Electronic Village Green: Applying The First Amendment Lessons Of Cable Television To The Internet, Robert Kline
Freedom Of Speech On The Electronic Village Green: Applying The First Amendment Lessons Of Cable Television To The Internet, Robert Kline
Cornell Journal of Law and Public Policy
No abstract provided.
Racist Speech Outsider Jurisprudence And The Meaning Of America , Steven H. Shiffrin
Racist Speech Outsider Jurisprudence And The Meaning Of America , Steven H. Shiffrin
Cornell Law Review
No abstract provided.
Images Of The Outsider In American Law And Culture: Can Free Expression Remedy Systemic Social Ills, Richard Delgado, Jean Stefancic
Images Of The Outsider In American Law And Culture: Can Free Expression Remedy Systemic Social Ills, Richard Delgado, Jean Stefancic
Cornell Law Review
No abstract provided.
Racist Speech The First Amendment And Public Universities: Taking A Stand On Neutrality , David Rosenberg
Racist Speech The First Amendment And Public Universities: Taking A Stand On Neutrality , David Rosenberg
Cornell Law Review
No abstract provided.
Framework For Evaluating Equal Access Claims By Student Religious Groups: Is There A Window For Free Speech In The Wall Separating Church And State , Nadine Strossen
Framework For Evaluating Equal Access Claims By Student Religious Groups: Is There A Window For Free Speech In The Wall Separating Church And State , Nadine Strossen
Cornell Law Review
No abstract provided.
Adjudication Of Freedom Of Expression Cases Under Israel’S Unwritten Constitution, Daniel J. Rothstein
Adjudication Of Freedom Of Expression Cases Under Israel’S Unwritten Constitution, Daniel J. Rothstein
Cornell International Law Journal
No abstract provided.
How Useful Is Judicial Review In Free Speech Cases, Robert F. Nagel
How Useful Is Judicial Review In Free Speech Cases, Robert F. Nagel
Cornell Law Review
No abstract provided.
Requiem For A Heavyweight: A Farewell To Warren And Brandeis’S Privacy Tort, Diane L. Zimmerman
Requiem For A Heavyweight: A Farewell To Warren And Brandeis’S Privacy Tort, Diane L. Zimmerman
Cornell Law Review
No abstract provided.
Toward A Better Understanding Of The Prior Restraint Doctrine: A Reply To Professor Mayton, Howard O. Hunter
Toward A Better Understanding Of The Prior Restraint Doctrine: A Reply To Professor Mayton, Howard O. Hunter
Cornell Law Review
No abstract provided.
Toward A Theory Of First Amendment Process: Injunctions Of Speech Subsequent Punishment And The Costs Of The Prior Restraint Doctrine, William T. Mayton
Toward A Theory Of First Amendment Process: Injunctions Of Speech Subsequent Punishment And The Costs Of The Prior Restraint Doctrine, William T. Mayton
Cornell Law Review
No abstract provided.