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The Supreme Court As Public Educator?, Frederick Schauer
The Supreme Court As Public Educator?, Frederick Schauer
University of Colorado Law Review
No abstract provided.
Chilling Rights, Toni M. Massaro
Chilling Rights, Toni M. Massaro
University of Colorado Law Review
A persistent trope in free speech doctrine is that overbroad laws chill protected expression and compromise the breathing room needed for a vibrant marketplace of ideas. The conventional restrictions on facial challenges of measures that sweep beyond legitimate regulatory zones are relaxed. Whether and to what extent this liberal approach to judicial review actually governs in free speech law and not elsewhere, and whether this is constitutionally or normatively defensible, have been the subject of considerable and exceptionally insightful scholarship. Yet the United States Supreme Court has given the best of this work slight notice.
This Article proposes a new …