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Full-Text Articles in Law

A Democratic Political Economy For The First Amendment, Nelson Tebbe Mar 2020

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 Nov 2019

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 …


Picketing And Prayer: Restricting Freedom Of Expression Outside Churches , Alan Phelps Jan 1999

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 Jan 1998

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 May 1997

Obscenity On-Line: A Transactional Approach To Computer Transfers Of Potentially Obscene Material , Donald T. Stepka

Cornell Law Review

No abstract provided.


Racist Speech Outsider Jurisprudence And The Meaning Of America , Steven H. Shiffrin Nov 1994

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 Sep 1992

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 Jan 1991

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 Nov 1985

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.


How Useful Is Judicial Review In Free Speech Cases, Robert F. Nagel Jan 1984

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 Mar 1983

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 Jan 1982

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 Jan 1982

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.