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William & Mary Law School

Law

First Amendment

Articles 1 - 5 of 5

Full-Text Articles in Law

Speech, Intent, And The Chilling Effect, Leslie Kendrick Apr 2013

Speech, Intent, And The Chilling Effect, Leslie Kendrick

William & Mary Law Review

Speaker’s intent requirements are a common but unremarked feature of First Amendment law. From the “actual malice” standard for defamation to the specific-intent requirement for incitement, many types of expression are protected or unprotected depending on the state of mind with which they are said. To the extent that courts and commentators have considered why speaker’s intent should determine First Amendment protection, they have relied upon the chilling effect. On this view, imposing strict liability for harmful speech, such as defamatory statements, would overdeter, or chill, valuable speech, such as true political information. Intent requirements are necessary prophylactically to provide …


Space, Place, And Speech: The Expressive Topography, Timothy Zick Jan 2006

Space, Place, And Speech: The Expressive Topography, Timothy Zick

Faculty Publications

No abstract provided.


Humor, Defamation And Intentional Infliction Of Emotional Distress: The Potential Predicament For Private Figure Plaintiffs, Catherine L. Amspacher, Randel Steven Springer Apr 1990

Humor, Defamation And Intentional Infliction Of Emotional Distress: The Potential Predicament For Private Figure Plaintiffs, Catherine L. Amspacher, Randel Steven Springer

William & Mary Law Review

No abstract provided.


The Infliction Of Harm Through The Publication Of Fiction: Fashioning A Theory Of Liability, Paul A. Lebel Jan 1985

The Infliction Of Harm Through The Publication Of Fiction: Fashioning A Theory Of Liability, Paul A. Lebel

Faculty Publications

No abstract provided.


Reputation, Compensation, And Proof, David A. Anderson Jun 1984

Reputation, Compensation, And Proof, David A. Anderson

William & Mary Law Review

No abstract provided.